Chapter 151. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR NINETEEN HUNDRED AND NINETY-SEVEN FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS. Be it enacted, etc., as follows: SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions, other services, and for certain permanent improvements, and to meet certain requirements of law, the sums set forth as state appropriation(s) in sections two and two B for the several purposes and subject to the conditions specified in said sections two, two B, and three are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven. The sums set forth as federal appropriation(s) in section two for the several purposes and subject to the conditions specified in said section two are hereby appropriated from the General Federal Grants Fund, subject to the provisions of law regulating the disbursement of public funds and the approval thereof. Federal funds received in excess of the amount appropriated in said section two shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amounts of any unexpended balances of federal grant funds received prior to June thirtieth, nineteen hundred ninety-six and not included as part of an appropriation item in section two, are hereby made available for expenditure during fiscal year nineteen hundred ninety-seven, addition to any amount appropriated in section two. SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the constitution and section six D of chapter twenty-nine of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for such fiscal year as set forth and authorized in sections two and two B. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts from each such source by each such fund, to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with the projected receipts set forth herein, and to include a full statement comparing such actual and projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. Chap. 151 FY 1997 Revenue by Source and Budgetary Fund (In Millions) All General Highway Local Aid Other Source Funds Fund Fund Fund Funds Alcoholic Beverages 58.0 58.0 - - - Commercial Banks 155.0 155.0 - - - Savings Institutions 20.0 20.0 - - - Cigarette 233.0 103.8 - - 129.2 Corporations 950.0 570.0 - 380.0 - Deeds 42.0 42.0 - - - Estate/Inheritance 125.0 125.0 - - - Income 6,772.5 3,792.1 - 2,709.0 271.4 Insurance 300.0 300.0 - - - Motor Fuels 610.0 85.4 516.1 - 8.5 Utilities 100.0 100.0 - - - Room Occupancy 74.0 48.1 - - 25.9 Sales & Use: Regular 1,800.0 1,080.0 - 720.0 - Sales & Use: Services 160.0 96.0 - 64.0 Sales & Use: Meals 380.0 228.0 - 152.0 - Sales & Use: Motor Vehicles 370.0 222.0 - 148.0 - Miscellaneous 1.0 1.0 - - - Racing 12.0 12.0 - - - Beano 3.5 3.5 - - - Raffles/Bazaars 1.0 1.0 - - - Division of Insurance 9.6 9.6 - - - Total Consensus Taxes 12,176.6 7,052.5 516.1 4,173.0 435.0 Tax Revenue Initiatives 21.4 21.4 - - - College Tuition Tax Deduction -10.0 -6.0 - -4.0 - Total Taxes 12,188.0 7,067.9 516.1 4,169.0 435.0 Federal Reimbursements 2,974.6 2,967.6 4.0 - 3.3 Departmental Revenues 1,271.4 812.9 320.0 2.1 136.4 Transfers & Other Receipts 906.0 298.8 - 631.2 -24.0 Total for Budget 17,340.0 11,146.9 840.1 4,802.3 550.7 SECTION IB. The comptroller is hereby authorized and directed to keep a distinct account of actual receipts of non-tax revenues by each department, board, commission or institution, to furnish the executive office for administration and finance and the house and senate committees on ways and means with quarterly statements comparing such receipts with projected receipts set forth herein, and to include a full statement comparing such receipts with projected receipts in the annual report for such fiscal year pursuant to section thirteen of chapter seven A of the General Laws; provided, such quarterly and annual reports Chap. 151 shall also include detailed statements of any other sources of revenue for the budgeted funds in addition to those specified in this section. Non-Tax Revenue Executive Office Summary Unrestricted Restricted Total Source Non-Tax Non-Tax Non-Tax Judiciary 63,309,454 0 63,309,454 District Attorneys 1,500 0 1,500 Executive 2,500 0 2,500 Secretary of State 41,815,100 30,000 41,845,100 Treasurer 444,925,414 484,180,000 929,105,414 Attorney General 8,997,144 0 8,997,144 State Ethics Commission 43,000 0 43,000 Inspector General 0 100,000 100,000 Non-tax Revenue Optimization 65,000,000 0 65,000,000 Office of Campaign and Political Finance 65,000 0 65,000 State Comptroller 2,450,087 0 2,450,087 Administration and Finance 192,871,959 13,251,251 206,123,210 Environmental Affairs 76,113,113 984,448 77,097,561 Health and Human Services 2,865,201,498 255,398,423 3,120,599,921 Transportation and Construction 8,089,309 27,345 8,116,654 Board of Library Commissioners 950 0 950 Department of Labor and Workforce Development 23,975,813 0 23,975,813 Division of Housing and Community Development 2,731,560 455,000 3,186,560 Consumer Affairs and Business Regulation 66,687,771 75,000 66,762,771 Department of Economic Development 522,175 0 522,175 Department of Education 151,900,594 397,100 152,297,694 Public Safety 354,215,022 25,375,847 379,191,869 Elder Affairs 370,000 3,000,000 3,370,000 Legislature 21,500 0 21,500 Total 4,369,310,463 783,274,414 5,152,584,877 Chap. 151 Non-Tax Revenue Executive Office by Department Summary Source FY 1997 FY 1997 FY 1997 Unrestricted Restricted Total Non-Tax Non-Tax Non-Tax Judiciary Supreme Judicial Court Appeals Court Trial Court Total, Judiciary District Attorneys Executive Secretary of State Treasurer Office of the Treasurer Lottery Commission Total, Treasurer Attorney General State Ethics Commission Inspector General Non-tax Revenue Optimization Office of Campaign and Political Finance State Comptroller 1,179,455 305,999 61.824.000 63,309,454 1,500 2,500 41,815,100 30,000 184,339,321 260.586.093 484.180.000 444,925,414 484,180,000 8,997,144 43,000 65,000,000 65,000 2,450,087 100,000 1,179,455 305,999 61.824.000 63,309,454 1,500 2,500 41,845,100 184,339,321 744.766.093 929,105,414 8,997,144 43,000 100,000 65,000,000 65,000 2,450,087 Administration and Finance Office of the Secretary 298,603 - 298,603 Division of Fiscal Affairs 28,277,036 - 28,277,036 Department of Capital Planning and Operations 6,493,378 7,155,000 13,648,378 Public Employee Retirement Administration 50,000 - 50,000 Teachers' Retirement Board 1,672,839 - 1,672,839 Division of Administrative Law Appeals 50,000 - 50,000 Commission Against Discrimination 500 1,400,900 1,401,400 Chap. 151 FY 1997 FY 1997 FY 1997 Unrestricted Restricted Total Source______________________________Non-Tax Non-Tax_______Non-Tax Department of Revenue 48,097,219 - 48,097,219 Appellate Tax Board 1,756,915 - 1,756,915 Division of Human Resources 105,560,642 1,230,000 106,790,642 Division of Operational Services 614,377 965,351 1,579,728 Division of Information Technology _______450 2.500.000 2.500.450 Total, Administration & Finance 192,871,959 13,251,251 206,123,210 Environmental Affairs Office of the Secretary 505,253 200,000 705,253 Department of Environmental Management 7,494,972 75,000 7,569,972 Department of Environmental Protection 28,351,808 - 28,351,808 Division of Fisheries & Wildlife Law Enforcement 16,157,690 250,000 16,407,690 Metropolitan District Commission 17,905,627 459,448 18,365,075 Department of Food and Agriculture 5.697.763 _______: 5.697.763 Total, Environmental Affairs 76,113,113 984,448 77,097,561 Health and Human Services Office of the Secretary 63,540,835 4,611,784 68,152,619 Division of Health Care Financing and Policy 1,952,601,147 67,000,000 2,019,601,147 Massachusetts Commission for the Blind 2,920,566 75,000 2,995,566 Massachusetts Rehabilitation Commission 25,000 - 25,000 Commission for the Deaf and Hard of Hearing 28,800 45,000 73,800 Office for Children 631,850 - 631,850 Soldiers'Homes 11,126,132 220,000 11,346,132 Department of Youth Services 82,648 - 82,648 Department of Transitional Assistance 336,821,881 70,000,000 406,821,881 Department of Public Health 3,098,370 86,321,639 89,420,009 Department of Social Services 155,495,960 26,000,000 181,495,960 Department of Mental Health 53,505,206 125,000 53,630,206 Department of Mental Retardation 285.323.103 1.000.000 286.323.103 Total, Human & Community 2,865,201,498 255,398,423 3,120,599,921 Services Chap. 151 FY 1997 FY 1997 FY 1997 Unrestricted Restricted Total Source Non-Tax Non-Tax Non-Tax Transportation and Construction Office of the Secretary 445,574 27,345 472,919 Massachusetts Aeronautics Commission 275,000 - 275,000 Highway Department 7.368,735 8,089,309 . 7,368.735 Total, Transportation and 27,345 8,116,654 Construction Board of Library Commissioners 950 - 950 Department of Labor and Workforce Development Department of Industrial Accidents 22,985,745 - 22,985,745 Board of Conciliation nd Arbitration 60,000 - 60,000 Department of Employment and Training 930.068 _____- 930.068 Total, Labor and Workforce 23,975,813 - 23,975,813 Development Division of Housing and Community Development 2,731,560 455,000 3,186,560 Consumer Affairs and Business Regulation Office of the Director Division of Banks Division of Insurance Division of Registration Division of Standards Department of Public Utilities Energy Facilities Siting Commission Alcoholic Beverages Control Commission State Racing Commission Community Antenna Television Commission Board of Registration in Medicine Total, Consumer Affairs & Business Regulation Department of Economic Development Department of Economic Development Division of Energy Resources Total, Department of Economic Development 0 2,000 - 2,000 10,073,268 - 10,073,268 28,632,883 - 28,632,883 8,893,752 - 8,893,752 1,222,100 - 1,222,100 9,321,640 - 9,321,640 - 75,000 75,000 1,538,959 - 1,538,959 2,337,000 - 2,337,000 2,086,169 . 2,086,169 2.580.000 - 2.580,000 66,687,771 75,000 66,762,771 80,000 0 80,000 442.175 - 442.175 522,175 - 522,175 Chap. 151 Source FY 1997 Unrestricted Non-Tax FY 1997 Restricted Non-Tax FY 1997 Total Non-Tax Department of Education Department of Education 2,719,100 2,719,100 Board of Higher Education 54,464,770 397,100 54,861,870 University of Massachusetts System 94.716.724 151,900,594 - 94,716,724 Total, Department of Education 397,100 152,297,694 Public Safety Office of the Secretary 369,000 30,000 399,000 Office of the Chief Medical Examiner 207 - 207 Criminal History Systems Board 550,000 - 550,000 Board of Building Regulations 120,000 - 120,000 Architectural Access Board 15,000 - 15,000 Department of Police 458,352 15,200,000 15,658,352 Criminal Justice Training Council 102,491 - 102,491 Department of Public Safety 23,521,759 - 23,521,759 Massachusetts Firefighters' Academy 2,931,424 - 2,931,424 Registry of Motor Vehicles 322,469,090 5,800,000 328,269,090 Merit Rating Board 86,000 - 86,000 Military Division 1,000 185,000 186,000 Emergency Management Agency 657,669 - 657,669 Governor's Highway Safety Bureau 140,000 - 140,000 Department of Corrections 2.793.030 4.160.847 6.953.877 Total, Public Safety 354,215,022 25,375,847 379,191,869 Elder Affairs 370,000 3,000,000 3,370,000 Legislature 21,500 - 21,500 Total 4,369,310,463 783,274,414 5,152,584,877 SECTION 2. JUDICIARY. Notwithstanding the provisions of section one to the contrary, except as otherwise provided, items 0320-0001 to 0339-2100 are charged as follows: Local Aid Fund ......................... 90.0% General Fund............................ 10.0% Chap. 151 Supreme Judicial Court. 0320-0001 For the office of the chief justice and the six associate justices......$788,058 0320-0003 For the operation of the supreme judicial court; provided, that twenty-four thousand eight hundred and seventeen dollars shall be expended for a paralegal/computer analyst position, so-called; provided further, that forty-six thousand five hundred dollars be made available for the judicial youth corporation program, so-called; and provided further, that the supreme judicial court shall not charge the trial court for any assessments, services, educational training, or costs of any kind................$3,499,345 0320-0006 For the expenses of the Franklin county futures lab task force project, so-called......................................$50,000 0320-0010 For the operation of the clerk's office of the supreme judicial court for Suffolk county ...............................$763,775 0321-0001 For operation of the commission on judicial conduct...........$225,000 0321-0100 For the services of the board of bar examiners ................$729,503 Committee for Public Counsel Services. 0321-1500 For the operation of the committee for public counsel services, as authorized by chapter two hundred and eleven D of the General Laws, including expenses for an audit and oversight unit; provided, that sixty-two thousand dollars shall be expended on a pilot process server unit, so-called; provided further, that one hundred sixty-two thousand two hundred and nineteen dollars shall be expended on salary adjustments for the non-public defender attorney staff and support staff of the committee .................................................$6,336,125 0321 -1502 For the compensation to public counsel assigned cases under the provisions of subsection (a) of section six of chapter two hundred and eleven D of the General Laws, pursuant to section thirteen of chapter two hundred and eleven D of the General Laws, including compensation to the chief counsel, deputy chief counsels, and general counsel; provided, that six hundred sixty-one thousand dollars shall be expended on investigators and social workers of the Chap. 151 public defender division; provided further, that five hundred sixty-nine thousand dollars shall be expended on salary adjustments for public defenders .................$6,760,024 0321-1503 For the continuation of a children and family law pilot program in Hampden and Essex counties pursuant to section six hundred and fourteen of this act; provided, that thirty-four thousand dollars shall be expended on salary adjustments for the attorneys of said program.............. $450,803 0321-1504 For the continuation of a youth advocacy program, so-called; provided, that twenty-five thousand dollars shall be expended on salary adjustments for the attorneys of said program........................................... $367,754 0321-1510 For the compensation to private counsel assigned to criminal cases under the provisions of subsection (b) of section six of chapter two hundred and eleven D of the General Laws, pursuant to section twelve of chapter two hundred and eleven D of the General Laws; provided, that the amount appropriated herein shall be expended for services rendered in fiscal year nineteen hundred and ninety-seven only; provided further, that the chief counsel may transfer funds to item 0321-1512 as necessary, pursuant to schedules submitted to the house and senate ways and means committees thirty days prior to any such transfer; and provided further, that the rate of compensation for private counsel services provided for herein shall be adjusted so that said rate shall be equal to the rates of compensation established in item 0321-1513 of section two............................................. $34,230,000 0321-1512 For the compensation to private counsel assigned to family law and mental health cases under the provisions of subsection (b) of section six of chapter two hundred and eleven D of the General Laws, pursuant to section twelve of chapter two hundred and eleven D of the General Laws; provided, that the amount appropriated herein shall be expended for services rendered in fiscal year nineteen hundred and ninety-seven only; provided further, that the chief counsel may transfer funds to item 0321-1510 as necessary, pursuant to schedules submitted to the house Chap. 151 and senate ways and means committees thirty days prior to any such transfer; and provided further, that the rate of compensation for private counsel services provided for herein shall be adjusted so that said rate shall be equal to the rates of compensation established in item 0321 -1513 .. . $ 15,199,000 0321-1513 For the payment of compensation for private counsel services in addition to the amounts made available in items 0321-1510 and 0321-1512; provided, that the rate of compensation for superior court cases, {12S, c.l 12 cases, § 39F, c.l 19 cases and § 9, C.123A cases, and for other criminal cases, so-called, shall be thirty dollars per hour for in-court and out-of-court services; provided further, that the rate of compensation paid for other non-criminal cases, so-called, shall be thirty-nine dollars per hour for in-court and out-of-court services; provided further, that the rate of compensation paid for murder cases, shall be fifty-four dollars per hour for in-court and out-of-court services; and provided further, that the rates of compensation for private counsel services funded in items 0321-1510 and 0321-1512 shall equal the rates of compensation established herein.......................$6,494,742 0321 -1520 For the fees and costs, as defined in section twenty-seven A of chapter two hundred and sixty-one of the General Laws, as ordered by a justice of the appeals court or a justice of a department of the trial court of the commonwealth on behalf of indigent persons, as defined in said section twenty-seven A of said chapter two hundred and sixty-one; provided, that the amount appropriated herein shall only be expended for services rendered in fiscal year nineteen hundred and ninety-seven ............................$3,650,000 0321-1600 For the Massachusetts legal assistance corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth, including the disability benefits project, the Medicare advocacy project, and the battered women's legal assistance project; provided, that the first paragraph of section nine of chapter two hundred twenty-one A of the General Laws shall not apply to these programs; provided further, that said corporation may contract with any organization for the purpose of providing said representation ................$2,738,875 Chap. 151 0321-1610 For the Massachusetts legal assistance corporation for the purpose of distributing funds for general operating costs of local and statewide civil legal services providers..........$3,800,000 0321-2000 For the operation of the mental health legal advisors committee and for certain programs for the indigent mentally ill, as provided in section thirty-four E of chapter two hundred and twenty-one of the General Laws ......$344,101 0321-2100 For the Massachusetts correctional legal services committee......$496,782 0321-2205 For the expenses of the social law library located in Suffolk county; provided, that not less than one hundred ninety-two thousand dollars shall be made available for computerized legal research ..........................$1,180,800 0321-2206 For the social law library to operate the electronic law database project......................................$250,000 Appeals Court. 0322-0100 For the appeals court, including the salaries, traveling allowances, and expenses of the chief justice and the thirteen associate justices and the expenses of the conference program, so-called; provided, that the salary of the administrative assistant to the justices of the appeals court shall be the same as the clerk of the appeals court.....$4,815,712 Trial Court. 0330-0101 For the salaries of the justices of the superior court department of the trial court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer ......................$6,921,657 0330-0102 For the salaries of the justices of the district court department of the trial court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer ...........................$15,856,791 Chap. 151 0330-0103 For the salaries of the justices of the probate and family court department of the trial court; provided, that ninety-five thousand seven hundred ten dollars shall be expended for an additional probate justice in the Bristol probate court; provided further, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer...........................................$4,038,190 0330-0104 For the salaries of the justices of the land court department of the trial court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer..............................$386,820 0330-0105 For the salaries of the justices of the Boston municipal court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer...........................................$1,056,790 0330-0106 For the salaries of the justices of the housing court department of the trial court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer .............................$578,239 0330-0107 For the salaries of the justices of the juvenile court department of the trial court; provided, that the chief justice for administration and management of the trial court shall provide written notification to the house and senate committees on ways and means of any transfers of funds from this item to any other item of appropriation within thirty days of said transfer ......................$3,175,707 Chap. 151 0330-0300 For the administration of the office of the chief justice for administration and management of the trial court, including the salary of the chief justice for administration and management; provided, however, that the supreme judicial court shall not charge the trial court for any assessments, services, education, training, or costs of any kind; provided further, that the chief justice for administration and management of the trial court shall study the staffing needs of each court in the trial court department and shall make such recommendations as he deems appropriate to adjust staffing levels to accommodate the workload in each court; provided further, that said chief justice shall not implement the recommendations resulting from said study prior to July first, nineteen hundred ninety-seven; and provided further, that said study shall be filed with the house and senate ways and means committees not later than February third, nineteen hundred ninety-seven.......................................$4,901,844 0330-0301 For the salary and expenses of the executive director and staff of the trial court office of community corrections............$100,000 0330-0315 For the operation of the Suffolk county courts' community service program, so-called, to be supervised by the chief justice for administration and management.................$188,710 0330-0317 For the operation and expenses of the Massachusetts sentencing commission, pursuant to subsection (a) of section one of chapter four hundred and thirty-two of the acts of nineteen hundred and ninety-three..................$257,004 0330-0400 For the non-employee services performed by private individuals and contracted services performed by agencies for the individual court divisions of the trial court to be expended as determined by the chief justice for administration and management; provided, that contracting for non-employee assigned interpretive services and contracting with agencies or providers for assigned interpretive services shall not give rise to enforceable legal rights in any party or an enforceable entitlement to interpretive services; provided further, that nothing stated herein shall be construed as giving rise to such enforceable Chap. 151 legal rights or such enforceable entitlement; provided further, that in contracting for services to provide interpreters to persons who are deaf or hard of hearing, the trial court shall maximize the use of interpreter services provided by the Massachusetts commission for the deaf and hard of hearing whenever possible; provided, that not Jess than one hundred thousand dohars shall be expended for the training of personnel and the implementation of a changing lives through literature program, so-called; provided further, that not less than one hundred thousand dollars shall be provided for the Massachusetts general hospital research program on abused children; provided further, that not less than ninety thousand dollars shall be expended for a court interpreter pilot program in the superior court located in the city of Fall River and said court shall provide one court interpreter, one clerical support position and office space, if available, for said program; provided further, that one hundred and forty-six thousand and six hundred and eighty-eight dollars shall be expended for the purpose of providing a community services for women program in the district court of Southern Essex (Lynn); and provided further, that not less than eighty-five thousand dollars shall be expended for a partnership between the administrative office of the trial court and the university of Massachusetts for the development and implementation of a plan to increase the number of qualified, certified foreign language interpreters available for court interpretation services...............$14,580,298 0330-0410 For alternative dispute resolution services for the trial court; provided, that such services shall be made available to the extent possible in connection with child care, protection and custody proceedings in juvenile and probate courts; and provided further, that not less than thirty-five thousand dollars shall be expended for Framingham mediation services .............................................$85,000 0330-0420 For a substance abuse training program.......................$50,000 0330-0600 For dental and optical health plan trust agreements...........$1,857,056 0330-1000 For trial court jury expenses.............................$3,188,868 Chap. 151 0330-2000 For the trial court law libraries; provided, that the chief justice for administration and management shall collaborate with the Massachusetts bar association, the Boston bar association, and law schools in the commonwealth in developing a voluntary library assistance program.........$1,636,966 0330-2002 For the maintenance, purchase and binding of trial court law library materials....................................$1,977,854 0330-2010 For the costs associated with computerized legal research .......$218,294 0330-2020 For centralized law book purchases.........................$442,580 0330-2200 For the rental of county court facilities, in accordance with section four of chapter twenty-nine A of the General Laws; provided, that all payments made hereunder shall be made pursuant to written agreements; provided further, that quarterly payments shall be made to counties equal to an amount which is at least ninety percent of the amount owed each quarter to such county in the preceding fiscal year, subject to reconciliation based on accurate cost data in the fourth quarter or in the succeeding fiscal year; provided further, that payments made to any county which fails to submit required cost data by the beginning of the third quarter of the fiscal year shall be withheld until such data is submitted to the chief justice for administration and management of the trial court and approved as accurate; provided further, that said cost data shall be filed with the house and senate committees on ways and means; provided further, that every county receiving said payments shall maintain such funds in a separate account which shall be used solely for the maintenance of the rented facilities; provided further, that each county advisory board, upon receipt of the proposed budget by the county commissioners, shall have final approval of all expenditures under this item; and provided further, that no funds from this account shall be expended on trial court telecommunications costs or rental of private or municipal court facilities ....................................$14,382,074 Local Aid Fund ......................... 100.0% Chap. 151 0330-2201 For the purchase, maintenance, and leases of statewide telecommunications for the trial court; provided, that not less than two hundred fifty-five thousand dollars shall be expended for data lines for the warrant management system, so-called................................... $2,689,777 0330-2202 For the payment of private and municipal court leases; provided, that not less than one hundred and fifty thousand dollars shall be expended for rental space for the Leominster district court; provided further, that not less than one hundred and eight thousand dollars shall be expended for rental space for the Norfolk county law library ...........................................$3,914,101 0330-2205 For the costs associated with maintaining and operating courthouse facilities owned by the commonwealth........$12,217,411 0330-2300 For the costs of witness fees ..............................$575,073 0330-2410 For the operation of the judicial training institute; provided, that not less than one hundred thousand dollars shall be expended for the training of court personnel on domestic violence issues.......................................$391,528 0330-2600 For the travel expenses of judicial personnel; provided, that the chief justice for administration and management of the trial court shall promulgate rules and regulations governing the selection of justices for travel outside of the commonwealth for the purpose of judicial training; provided further, that said rules and regulations shall give first priority to newly appointed justices for such training......$911,552 0330-2700 For trial court printing expenses .........................$1,425,485 0330-2800 For the cost of equipment maintenance and repairs...........$2,720,637 0330-3000 For equipment purchases and rentals; provided, that said purchases and rentals may be allocated by the chief justice for administration and management; provided further, that in purchasing said equipment, the chief justice for administration and management shall utilize vendors approved by the state purchasing agent for such equipment whenever the terms offered by said vendor are more favorable than those otherwise available...................$558,878 Chap. 151 0330-3200 For the court security program, including personnel and expenses; provided, that four hundred twenty thousand dollars shall be expended for additional security guards; provided further, that four hundred twenty thousand dollars shall be expended for additional court officers; provided further, that said security guards and court officers may be available for assignment in accordance with juvenile court expansion pursuant to line item 0337-0003; provided further, that any court officer scheduled to work nineteen hundred and fifty hours, or more, in fiscal year nineteen hundred and ninety-six shall be considered a full-time court officer for fiscal year nineteen hundred and ninety-seven; and provided further, that all other per diem court officers shall be paid the daily rate in accordance with collective bargaining agreements . .. $21,797,515 0330-3300 For the payment of office, administrative, and special expenses of the trial court, to be allocated by the chief justice for administration and management.................$536,032 0330-3700 For the court interpreters program; provided, that the chief justice for administration and management shall establish and direct a policy for the scheduling of court sessions in all court departments to cost-effectively utilize court language interpreters; provided further, that not less than thirty-seven thousand five hundred dollars shall be expended for compensation for one additional language interpreter ..........................................$184,266 0330-4100 For a trial court vacancy pool and reserve; provided, that by March first, nineteen hundred and ninety-seven, the chief justice for administration and management shall submit a report to the house and senate committees on ways and means detailing all assignments and allocations; provided further, that one administrative secretary shall be funded from this item and assigned to the district court of northern Berkshire; and provided further, that the annualized cost of positions filled shall not exceed the amount appropriated herein ...........................................$1,500,000 033 0-4303 For the chargeback costs of unemployment compensation, medicare tax, workers' compensation, universal health, and group insurance assessed against the employees and justices of the trial court .............................$5,060,429 Chap. 151 Superior Court Department. 0331-0100 For the administrative office of the superior court department; provided, that not more than seventy-five thousand dollars shall be expended for judicial education, including the semi-annual conferences, racial and gender bias orientation programs, and judicial induction ceremonies; provided further, that the chief justice of the superior court is hereby authorized and directed to expend an amount not to exceed forty thousand dollars to relocate the Plymouth county superior court probation office employees presently located at 32 Belmont street; provided further, that said relocation shall be contingent on finding suitable, accessible and available office space to accommodate said office employees subject to the approval of the chief justice of the department; and provided further, that the annualization for the rent and expenses for said office shall not exceed in any fiscal year the amount of said relocation. . .. $4,823,612 0331-0300 For medical malpractice tribunals established in accordance with the provisions of section sixty B of chapter two hundred and thirty-one of the General Laws.................$76,000 0331-0600 For the superior court probation services; provided, that one additional probation officer shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officer shall be assigned to the Franklin superior court by the office of the commissioner of probation.................$7,562,477 0331-2100 For the Barnstable superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........$424,598 Chap. 151 0331-2200 For the Berkshire superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........$250,893 0331 -2300 For the Bristol superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that two additional assistant clerk magistrate positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety- seven. ... $1,084,774 0331 -2400 For the Dukes superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by die superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........$113,100 Chap. 151 0331-2500 For the Essex superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping......$1,499,407 0331-2600 For the Franklin superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........$250,967 0331-2700 For the Hampden superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; and provided further, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.... $ 1,291,224 Chap. 151 0331-2800 For the Hampshire superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping........$336,934 0331-2900 For the Middlesex superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping...........................$3,393,788 0331-3000 For the Nantucket superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.............................$117,586 Chap. 1S1 0331 -3100 For the Norfolk superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services andrecoTd keeping......$1,114,477 0331-3200 For the Plymouth superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the Courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping...........................$1,111,784 0331-3300 For the Suffolk superior civil court; provided, that eighty-six thousand five hundred dollars shall be expended for five additional procedure clerk I positions; provided further, that one hundred seventy-three thousand seven hundred ninety-three dollars shall be expended to fill three vacant assistant clerk positions; provided further, that said procedure and assistant clerks shall not be subject to section nine, clause (xxiii) (a) and (b) of chapter two hundred and eleven B of the General Laws; provided further, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and for the management of the courthouse and shaJl have authority over all personnel employed by the superior court department; and provided further, that the clerk of Chap. 151 the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping...........................$3,234,966 0331-3400 For the Suffolk superior criminal court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping; provided further, that not less than sixty-five thousand dollars shall be expended on said clerk's duties as clerk of the appellate division for the superior court for the commonwealth; and provided further, that not less than forty-six thousand dollars shall be expended for the purpose of holding the unified session for sexually dangerous persons, pursuant to section nine of chapter one hundred and twenty-three A of the General Laws............................................$1,975,882 0331 -3404 For an education and community outreach pilot program to be administered in the Suffolk county superior criminal court.......$96,844 0331-3500 For the Worcester superior court; provided, that notwithstanding the provisions of any general or special law to the contrary, the first justice shall be the administrative head of the court and shall have the powers enumerated in section ten A of chapter two hundred and eleven B of the General Laws; provided further, as administrative head, said first justice shall be responsible for the management of the courthouse and shall have authority over all personnel employed by the superior court department; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping......$1,451,357 Chap. 151 District Court Department. 0332-0100 For the administrative office of the district court department, including a civil conciliation program...................$1,276,344 0332-1100 For the first district court of Barnstable....................$1,709,483 0332-1200 For the second district court of Barnstable (Orleans) ...........$925,093 0332-1203 For the third district court of Barnstable (Falmouth); provided, that one additional sessions clerk position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ..........................$895,785 0332-1300 For the district court of northern Berkshire (Adams, North Adams, Williamstown)................................$588,055 0332-1400 For the district court of central Berkshire (Pittsfield) .........$1,036,760 0332-1500 For the district court of southern Berkshire (Great Barrington, Lee)...............................................$439,937 0332-1600 For the first district court of Bristol (Taunton); provided, that thirty-four thousand six hundred dollars shall be expended on two additional procedure clerk I positions.............$1,292,666 0332-1700 For the second district court of Bristol (Fall River); provided, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional computer operator position and one additional administrative assistant II position and six additional procedure clerk II positions four of whom are to be in the office of the clerk and two of whom are to be in the office of probation shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven..........$2,115,974 0332-1800 For the third district court of Bristol (New Bedford); provided, that not less than fifty-one thousand six hundred eleven dollars be expended for three procedure clerk I positions..........................................$2,025,694 0332-1900 For the fourth district court of Bristol (Attleboro); provided, that one additional head administrative assistant position shall be appointed and funded from this item during fiscal Chap. 151 year nineteen hundred ninety-seven; provided further, that one additional assistant clerk position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven..................................$955,419 0332-2000 For the district court of Edgartown.........................$332,056 0332-2100 For the first district court of Essex (Salem); provided, that two additional assistant clerk magistrate positions in the office of the clerk magistrate shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.......................................$1,654,749 0332-2300 For the third district court of Essex (Ipswich).................$244,570 0332-2400 For the central district court of northern Essex (Haverhill); provided, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional procedure clerk I position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ........................$1,465,663 0332-2500 For the district court of eastern Essex (Gloucester).............$784,888 0332-2600 For the district court of Lawrence; provided, that eighty-five thousand dollars shall be expended for a "drug treatment on demand" drug offender program, so-called; provided further, that three additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that two additional procedure clerk I positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ........................$2,403,716 0332-2700 For the district court of southern Essex (Lynn), prior appropriation continued..............................$2,377,969 0332-2800 For the district court of Newburyport .................___$1,080,484 0332-2900 For the district court of Peabody .........................$1,111,246 Chap. 151 0332-3000 For the district court of Greenfield; provided, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional procedure clerk I position and one additional courtroom procedure clerk position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.........................................$955,688 0332-3100 For the district court of Orange............................$395,008 0332-3200 For the district court of Chicopee ..........................$777,180 0332-3300 For the district court of Holyoke ...........................$846,350 0332-3400 For the district court of eastern Hampden (Palmer).............$644,057 0332-3500 For the district court of Springfield; provided, that fifty thousand dollars shall be expended for an assistant clerk for the six-person jury session in said court for fiscal year nineteen hundred and ninety-seven.....................$3,621,384 0332-3600 For the district court of western Hampden (Westfield) ..........$716,685 0332-3700 For the district court of Hampshire (Northampton); provided, that of the amount appropriated herein, fifty thousand dollars shall be expended for an alternative probation program "Honor Court", so-called; provided further, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional courtroom procedure clerk position and one additional sessions clerk position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.......................................$1,659,179 0332-3800 For the district court of eastern Hampshire (Ware)............ $514,240 0332-3900 For the district court of Lowell ..........................$2,974,275 0332-4000 For the district court of Somerville; provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred and ninety-seven.....................$2,123,629 Chap. 151 0332-4100 For the district court of Newton............................$910,088 0332-4200 For the district court of Marlborough .......................$974,906 0332-4300 For the district court of Natick.............................$787,082 0332-4400 For the district court of eastern Middlesex (Maiden) .........$1,973,042 0332-4500 For the second district court of eastern Middlesex (Waltham)___$1,419,892 0332-4600 For the third district court of eastern Middlesex (Cambridge)___$3,119,528 0332-4700 For the fourth district court of eastern Middlesex (Woburn)___$1,897,624 0332-4800 For the first district court of northern Middlesex (Ayer) ___$1,117,278 0332-4900 For the first district court of southern Middlesex (Framingham) .....................................$1,895,991 0332-5000 For the district court of central Middlesex (Concord).........$1,134,727 0332-5100 For the district court of Nantucket..........................$198,063 0332-5200 For the district court of northern Norfolk (Dedham)..........$1,832,672 0332-5300 For the district court of eastern Norfolk (Quincy); provided, that one additional chief court officer position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ........................$3,936,533 0332-5400 For the district court of western Norfolk (Wrentham).........$1,265,706 0332-5500 For the district court of southern Norfolk (Stoughton); provided, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that two additional procedure clerk I positions who shall work exclusively at the Stoughton court, shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven..........-.............................$1,462,967 0332-5600 For the municipal court of Brookline........................$795,790 0332-5700 For the district court of Brockton; provided, that two additional probation officer positions shall be appointed Chap. 151 and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional head administrative assistant position and three additional session clerk positions and four additional procedure clerk I positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.......................................$2,571,554 0332-5800 For the second district court of Plymouth (Hingham); provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven..........$1,459,967 0332-5900 For the third district court of Plymouth (Plymouth) ..........$1,581,343 0332-6000 For the fourth district court of Plymouth (Wareham) .........$1,319,381 0332-6100 For the district court of Brighton.........................$1,043,044 0332-6200 For the district court of Charlestown; provided, that forty-five thousand dollars shall be expended for a chief court officer......$744,758 0332-6300 For the district court of Chelsea; provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.......................................$ 1,731,754 0332-6400 For the district court of Dorchester .......................$3,920,241 0332-6500 For the district court of East Boston ......................$1,398,770 0332-6600 For the district court of Roxbury.........................$3,607,464 0332-6700 For the district court of South Boston .......................$927,075 0332-6800 For the district court of West Roxbury; provided, that two hundred thousand dollars shall be expended for five additional probation officers..........................$1,866,708 0332-6900 For the central district court of Worcester; provided, that fifty-seven thousand nine hundred and thirty-two dollars shall be expended for one additional assistant clerk and twenty-seven thousand dollars shall be expended for one additional administrative assistant; provided further, that said assistant clerk and administrative assistant shall not be subject to section nine, clause (xxiii)(a) and (b) of chapter two hundred and eleven B of the General Laws...........$3,353,734 Chap. 151 0332-7000 For the district court of Fitchburg ........................$1,103,143 0332-7100 For the district court of Leominster; provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ..........................$725,436 0332-7200 For the district court of Winchendon........................$160,228 0332-7300 For the first district court of northern Worcester (Gardner); provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven............$906,183 0332-7400 For the first district court of eastern Worcester (Westborough)......$934,907 0332-7500 For the second district court of eastern Worcester (Clinton)......$459,530 0332-7600 For the first district court of southern Worcester (Dudley); provided, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven............$978,427 0332-7700 For the second district court of southern Worcester (Uxbridge)..........................................$552,406 0332-7800 For the third district court of southern Worcester (Milford)......$874,541 0332-7900 For the district court of western Worcester (East Brookfield)......$745,332 0332-8000 For the development of an early intervention project for domestic abusers at the Cambridge division of the district court department of the trial court of Massachusetts; provided, that said project is to be administered by a seven member executive board consisting of the first justice of the Cambridge court or his designee, the clerk of the Cambridge court or his designee, the chief probation officer of the Cambridge court or his designee, the Middlesex district attorney or his designee, the city manager of the city of Cambridge or his designee, the chief administrative justice of the trial court or his designee, and one person to be appointed by the governor; and provided further, that the employment conditions of the project director and the allocation of project funds shall be determined by the executive board......................$53,700 Chap. 151 Probate and Family Court Department. 0333-0002 For the administrative office of the probate and family court department; provided, that not less than forty-eight thousand dollars shall be expended for a case manager who shall report directly to the chief justice of the probate and family court department; provided further, that said case manager shall assist said chief justice with the management of petitions to dispense with parental consent to adoption pursuant to chapter two hundred and ten, section three of the General Laws by coordinating department of social services and probate court actions related to such cases; provided further, that said case manager's duties shall include coordinating conferences and trials and monitoring paperwork and appointments with parties' counsel; provided further, that said case manager shall meet monthly with the department of social services and shall report quarterly to the house and senate committees on ways and means on the backlog of such cases in the probate court and the parties' progress made in said backlog each month; provided further, that six additional law clerk positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven, bringing the total number of law clerks to fourteen positions in fiscal year nineteen hundred ninety-seven; and provided further, that there will be one law clerk for each of the fourteen probate courts ..........$1,061,323 0333-0100 For the Barnstable probate court; provided, that two additional probation officer positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven; provided further, that said probation officers shall be assigned to said court by the commissioner of probation; and provided further, that one additional procedure clerk I position and one clinical psychologist position shall be appointed and funded from this item during fiscal year nineteen hundred ninety- seven......$918,655 0333-0150 For the operation of a child and parents program in the Barnstable probate court; provided, that said item shall not be subject to section nine, clause (xxiii)(a) and (b) of chapter two hundred and eleven B of the General Laws........$40,000 0333-0200 For the Berkshire probate court............................$593,506 Chap. 151 0333-0300 For the Bristol probate court ............................$1,606,081 0333-0400 For the Dukes probate court...............................$176,939 0333-0500 For the Essex probate court.............................$1,936,924 0333-0600 For the Franklin probate court; provided, that two additional procedure clerk I positions and two secretary I positions shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven ............'..........$468,655 0333-0700 For the Hampden probate court; provided, that one hundred three thousand two hundred and forty-eight dollars shall be expended for six additional procedure clerk I positions .....$2,040,598 0333-0711 For the Hampden probate court family services clinic ...........$50,000 0333-0800 For the Hampshire probate court; provided, that one additional sessions clerk position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven.........................................$771,001 0333-0900 For the Middlesex probate court .........................$3,399,404 0333-0911 For the Middlesex probate court family services clinic..........$215,742 0333-1000 For the Nantucket probate court............................$140,506 0333-1100 For the Norfolk probate court ...........................$2,312,594 0333-1111 For the Norfolk probate court family services clinic............$130,585 0333-1200 For the Plymouth probate court..........................$1,739,270 0333-1300 For the Suffolk probate court............................$2,861,687 0333-1400 For the Worcester probate court..........................$1,928,792 Land Court Department. 0334-0001 For the operation of the land court........................$2,366,232 Boston Municipal Court Department. 0335-0001 For the operation of the Boston municipal court.............$6,693,705 Housing Court Department. 0336-0002 For the administrative office of the housing court department......$111,094 0336-0100 For the Boston housing court..............................$867,132 0336-0200 For the Hampden housing court............................$457,459 0336-0300 For the Worcester housing court ...........................$435,320 Chap. 151 0336-0400 For the Southeastern housing court.........................$631,321 0336-0500 For the Northeastern housing court.........................$393,851 Juvenile Court Department. 0337-0002 For the administrative office of the juvenile court department......$485,790 0337-0003 For the personnel and expenses associated with the expansion of the juvenile court, including Berkshire, Essex, Hampshire/Franklin, Hampden, Middlesex, Norfolk, Plymouth, Suffolk, Worcester and Nantucket/ Dukes counties; provided, that fifty thousand dollars shall be expended on the CASA program, so-called, in the Lawrence district court; provided further, that fifty thousand dollars shall be expended for the CASA program in the Worcester juvenile court; provided further, that fifty thousand dollars shall be expended for the CASA program in the Plymouth county juvenile court; provided further, that eighty thousand dollars shall be expended for the Franklin/Hampshire CASA program, including Northampton, Greenfield, Orange, and Ware district courts; provided further, that sixty-two thousand eight hundred twenty-two dollars shall be expended for a first assistant clerk of the Middlesex county juvenile court; and provided further, that said clerk shall not be subject to section nine, clause (xxiii) (a) and (b) of chapter two hundred and eleven B of the General Laws..............$11,821,128 0337-0100 For the Boston juvenile court............................$3,332,485 0337-0200 Forthe Bristol juvenile court............................$1,830,517 0337-0300 For the Springfield juvenile court; provided, that fifty thousand dollars shall be expended for the CASA program in the Springfield juvenile court .......................$1,401,165 0337-0400 Forthe Worcester juvenile court.........................$1,167,960 0337-0500 For the Barnstable county/town of Plymouth juvenile court; provided, that sixty-two thousand eight hundred and twenty-two dollars be expended for a first assistant clerk of the Barnstable county/town of Plymouth juvenile court; provided further, that said clerk shall not be subject to section nine, clause (xxiii)(a) and (b) of chapter two hun- Chap. 151 dred and eleven B of the General Laws; and provided further, that the annualized cost of such expenditures shall not exceed the amount appropriated herein...............$1,244,717 Office of the Commissioner of Probation. 0339-1001 For the office of the commissioner of probation; provided, that not less than fifty thousand dollars shall be expended for a juvenile probation officer at Dorchester district court for the Dorchester safe neighborhood initiative area; provided further, that not less than sixty-nine thousand two hundred fifty-six dollars to be expended to hire two additional probation officers for the Taunton district court... . $2,956,512 Office of the Jury Commissioner. 0339-2100 For the office of the jury commissioner, in accordance with chapter two hundred and thirty-four A of the General Laws; provided, that ninety-six thousand dollars shall be expended for two telephone schedulers, one data entry clerk, and one legal secretary..........................$2,237,249 DISTRICT ATTORNEYS. Suffolk District Attorney. 0340-0100 For the Suffolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than one hundred twenty-five thousand dollars shall be expended for a safe neighborhood initiative in Suffolk County, so-called; provided further, that not less than two hundred and seventy-eight thousand seven hundred and thirteen dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in the city of Boston and in Suffolk county for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act ... $12,253,581 Local Aid Fund .......................... 93.0% Victim and Witness Assistance Fund .......... 7.0% Chap. 151 Federal Appropriation 0340-0152 For the purposes of a federally funded grant entitled, Comprehensive Gang Initiative..........................$100,000 Northern District Attorney. 0340-0200 For the Northern district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than three hundred forty-one thousand eight hundred and fifteen dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in Middlesex county in cities which shall include but not be limited to Lowell, Maiden, Everett, Somerville, Medford, Cambridge and Woburn for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act..............$8,393,693 Local Aid Fund .......................... 89.0% Victim and Witness Assistance Fund ......... 11.0% Eastern District Attorney. 0340-0300 For the Eastern district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than one hundred fifty-six thousand six hundred and seventy dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in the cities of Lawrence and Lynn for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act .... $5,517,544 Local Aid Fund .......................... 89.0% Victim and Witness Assistance Fund ......... 11.0% Chap. 151 Middle District Attorney. 0340-0400 For the Middle district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than one hundred twenty-six thousand dollars be used for an anti-gang unit, so-called; provided further, that two hundred ten thousand dollars shall be expended for the costs associated with six-person jury sessions.......................................$5,998,729 Local Aid Fund .......................... 92.0% Victim and Witness Assistance Fund .......... 8.0% Western District Attorney. State Appropriation 0340-0500 For the Western district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than two hundred sixty-eight thousand five hundred dollars be used for a specialized homicide trial unit; provided further, that not less than one hundred fifty-six thousand four hundred and twenty-one dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in the cities of Holyoke and Springfield for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act; provided further, that not less than four hundred thousand dollars shall be expended for the continued implementation and operation of the "Hampden county anti-gang project", so-called, a comprehensive organized and strategic effort of prosecution and law enforcement officials to identify, contain, and prevent the existence, operation and mobility of gangs and gang activity and to prosecute the same; and provided further, that the district attorney for Hampden county shall administer and direct said project in consultation with the Chap. 151 chiefs of police of each city and town within Hampden county, the state police, the sheriff of Hampden county and all appropriate federal law enforcement authorities ........$4,894,805 Local Aid Fund .......................... 87.0% Victim and Witness Assistance Fund ......... 13.0% Federal Appropriation 0340-0526 For the purposes of a federally funded grant entitled, Gang Task Force...........................................$77,000 Northwestern District Attorney. 0340-0600 For the Northwestern district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than one hundred thousand dollars shall be expended for the salaries and expenses of a children's advocacy project, so-called........$3,094,186 Local Aid Fund .......................... 86.0% Victim and Witness Assistance Fund ......... 14.0% Norfolk District Attorney. 0340-0700 For the Norfolk district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit..............................................$5,312,930 Local Aid Fund .......................... 89.0% Victim and Witness Assistance Fund ......... 11.0% Plymouth District Attorney. 0340-0800 For the Plymouth district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not more than twenty thousand dollars shall be expended for the renovations and refurbishment of 32 Belmont street; provided further, that said twenty thousand dollars shall not be expended prior to the relocation of the Plymouth county superior court probation office employees from 32 Belmont street; and provided further, that not less than ninety thousand four hundred and thirty-seven dollars shall be expended for a community based juvenile justice prosecution program to Chap. 151 be administered and operated in the city of Brockton for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act.......................$4,579,033 Local Aid Fund .......................... 88.0% Victim and Witness Assistance Fund ......... 12.0% Bristol District Attorney. 0340-0900 For the Bristol district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than fifty thousand dollars shall be expended to study the potential impact on the criminal justice system in Bristol county of the proposed Wampanoag entertainment center......................$4,503,657 Local Aid Fund.......................... 87.0% Victim and Witness Assistance Fund ......... 13.0% Cape and Islands District Attorney. 0340-1000 For the Cape and Islands district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than ninety thousand two hundred and forty-five dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in Barnstable county for the priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health, pursuant to section six hundred and fifty-two of this act ___$2,287,085 Local Aid Fund .......................... 83.0% Victim and Witness Assistance Fund ......... 17.0% Chap. 151 Berkshire District Attorney. 0340-1100 For the Berkshire district attorney's office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, and the domestic violence unit; provided, that not less than sixty-eight thousand three hundred and eighty-six dollars shall be expended for a community based juvenile justice prosecution program to be administered and operated in the city of Pittsfield for priority prosecution of serious juvenile offenders and intervention through coordination and cooperation with local law enforcement, schools, probation and court representatives, and where appropriate the department of social services, department of youth services and department of mental health, pursuant to section six hundred and fifty-two of this act..............$2,054,045 Local Aid Fund .......................... 80.0% Victim and Witness Assistance Fund ......... 20.0% District Attorneys Association. 0340-2100 For a reserve for the implementation and related expenses of the district attorney's office automation and case management and tracking system; provided, that expenses associated with said system may be charged directly to this item .............................................$1,206,081 Local Aid Fund ......................... 100.0% EXECUTIVE. 0411-1000 For the offices of the governor, lieutenant governor, and the governor's council pursuant to chapter six of the General Laws, and for the salaries and expenses of the administrative office pursuant to said chapter six of the General Laws; provided, that the amount appropriated herein may be used for the payment of extraordinary expenses not otherwise provided for, and for transfer to, appropriation accounts where the amounts otherwise available may be insufficient..........................$4,874,095 0411-1010 For the governor's commission on mental retardation...........$203,878 Chap. 151 SECRETARY OF STATE. 0511-0000 For the operation of the office of the secretary, provided one hundred twenty-five thousand dollars shall be expended for the costs of complying with the provisions of chapter two hundred eighty-one of the acts of nineteen hundred ninety-five........................................$6,400,602 0511 -0001 The secretary of state is hereby authorized to expend revenues not to exceed thirty thousand dollars, from the sale of merchandise at the Massachusetts state house gift shop for the purpose of replenishing and restocking gift shop inventory............................................$30,000 0511-0200 For the operation and administration of the state archives division.............................................$544,238 0511-0230 For the operation and administration of the records center.......$185,771 0511-0250 For the operation and maintenance of the archives facilities......$572,177 0511-0260 For the operation and administration of the commonwealth museum............................................$202,636 0517-0000 Forthe printing of public documents......................$1,193,400 0521 -0000 For the operation and administration of the elections division, including preparation, printing and distribution of ballots and for other miscellaneous expenses for primary and other elections.....................................$3,034,645 Local Aid Fund ......................... 100.0% 0521-0001 For the operation and administration of the central voter registration computer system; provided that an annual report detailing voter registration activity shall be submitted to the house and senate committees on ways and means by January first, nineteen hundred and ninety-seven Local Aid Fund......................... 100.0% 0524-0000 For providing information to voters; provided, that fifty thousand dollars shall be expended for the publication and insertion in the 1996 Information to Voters Pamphlet, so-called, the text of section eight of chapter one hundred and eight of the acts of nineteen hundred and ninety-one $2,083,658 Chap. 151 regarding the reorganization of the Boston school committee and information relating thereto, if space is available in said pamphlet without incurring additional publication expense...................................$946,989 Local Aid Fund ......................... 100.0% 0526-0100 For the operation of the Massachusetts historical commission; provided, that said commission shall be directed to prepare and submit a report investigating the historical significance, structural condition, possible uses and funding for the restoration of Highfield Hall in Falmouth on or before June thirtieth, nineteen hundred and ninety-seven; provided further that not less than fifty thousand dollars but not more than seventy-five thousand dollars shall be expended for a grant to the town of Framingham for funding restoration of Athenaeum Hall; provided further, that not less than fifty thousand dollars shall be expended for historic preservation grants; and provided further, that the unexpended balance of said fifty thousand dollars and grants made therefrom shall not revert to the general fund at the end of the fiscal year but shall carry forward to the next fiscal year without further appropriation........................................$946,644 0527-0100 For the operation of the ballot law commission.................$17,500 0528-0100 For the operation of the records conservation board.............$35,233 Federal Appropriations 0526-0105 For the purposes of a federally funded grant entitled, Massachusetts Statewide Historical Survey and Plan..........$10,000 0526-0114 For the purposes of a federally funded grant entitled, Historic Preservation Survey and Planning........................$675,000 0526-0115 For the purposes of a federally funded grant entitled, Massachusetts Historical Commission & Federal Preservation Grants..........................................$242,000 0526-0117 For the purposes of a federally funded grant entitled, Gloucester National Register of Historic Places Nomination ..........................................$30,000 0526-0118 For the purposes of a federally funded grant entitled, Lowell's Boat Shop Amesbury Preservation - Massachusetts Historical Commission ................................$345,000 Chap. 151 TREASURER AND RECEIVER-GENERAL. Office of the Treasurer and Receiver-General. 0610-0000 For the office of the treasurer and receiver-general; provided, that the treasurer shall provide computer services required by the teachers' retirement board; provided further, that to the extent that bank fees, so-called, exceed the amount appropriated in item 0610-0100, the treasurer is authorized to transfer to said item, subject to an allocation plan which shall be filed in advanced with the house and senate committees on ways and means, from this item, sufficient funds to ensure full payment of said bank fees............$5,842,765 General Fund............................ 50.0% Local Aid Fund.......................... 40.0% Highway Fund........................... 10.0% 0610-0100 For the payment of bank fees; provided, that the funds appropriated herein shall not be expended on administrative expenses other than those associated with the payment of bank fees.............................$1,200,000 General Fund............................ 50.0% Local Aid Fund .......................... 40.0% Highway Fund........................... 10.0% 0610-1500 For tuition payments as required by section twelve B of chapter seventy-six of the General Laws, notwithstanding the provisions of chapter twenty-nine of the General Laws to the contrary, the state treasurer is hereby authorized to expend in anticipation of revenue such amounts as are necessary to meet such payments; provided, that the state treasurer shall deduct the amount expended from this account from items 7061-0008 and 0611-5500 and from the amounts specified in section three of this act, in accordance with the provisions of section twelve B of chapter seventy-six of the General Laws............. 0611-1000 For bonus payments to war veterans .........................$19,000 0611-5000 For compensation to victims of violent crimes; provided, that notwithstanding the provisions of chapter two hundred fifty-eight C of the General Laws, if a claimant is sixty years of age or older at the time of the crime, and is not employed or receiving unemployment compensation, such Chap. 151 claimant shall be eligible for compensation in accordance with said chapter even if the claimant has suffered no out-of-pocket loss; provided further, that compensation to such claimant shall be limited to a maximum of fifty dollars; and provided further, that notwithstanding the provisions of any general or special law to the contrary, victims of the crime of rape shall be notified of all available services designed to assist rape victims including, but not limited to, the provisions outlined in section five of chapter two hundred fifty-eight A of the General Laws................'......................$2,854,843 General Fund........................... 78.21% Victim and Witness Assistance Fund ........ 21.79% 0611-5500 For additional assistance to cities and towns to be distributed according to the provisions of section three of this act, and for assistance to certain public entities of the commonwealth which have constructed abatement facilities; provided, that said distribution to said public entities shall equal one million, two hundred forty-nine thousand, nine hundred and forty-eight dollars..........$477,565,226 Local Aid Fund ......................... 100.0% 0611-5510 For reimbursements to cities and towns in lieu of taxes on state-owned land pursuant to sections thirteen to seventeen, inclusive, of chapter fifty-eight of the General Laws ............................................ $7,900,000 Local Aid Fund ......................... 100.0% 0611-5800 For distribution, pursuant to section eighteen D of chapter fifty-eight of the General Laws, to each city and town within which racing meetings are conducted .............$1,584,182 Local Aid Fund ......................... 100.0% State Board of Retirement. 0612-0100 For the operation and administration of the state board of retirement; provided, that the position of executive secretary of the retirement board shall not be subject to the provisions of chapter thirty-one of the General Laws; and Chap. 151 provided further, that the General Fund shall be reimbursed for the amount of this appropriation pursuant to paragraph (a) of subdivision (7) of section twenty-two of chapter thirty-two of the General Laws................$1,316,063 0612-0105 For payment of the public safety employee line of duty death benefit authorized by section one hundred A of chapter thirty-two of the General Laws ..........................$500,000 Local Aid Fund........................ 100.0% 0612-1010 For the commonwealth's pension liability fund established under section twenty-two of chapter thirty-two of the General Laws, to meet the commonwealth's obligations under section twenty-two C of said chapter thirty-two, including retirement benefits payable by the state employees' and the state teachers' retirement systems, reimbursement of local retirement systems for cost-of-living adjustments pursuant to sections one hundred and two of said chapter thirty-two, for the costs of increased survivor benefits pursuant to chapter three hundred and eighty-nine of the acts of nineteen hundred and eighty-four and for the costs associated with a three percent cost-of-living adjustment pursuant to section five hundred and thirty-one of this act; provided, that subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county, or district shall verify the cost thereof and the treasurer shall be authorized to make such payments upon a transfer of funds as hereinafter provided, to reimburse certain cities and towns for pensions to retired teachers, and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and including the commonwealth's share of the amounts to be appropriated pursuant to section twenty-two B of said chapter thirty-two and the amounts to be appropriated pursuant to clause (a) of the last paragraph of section twenty-one of chapter one hundred and thirty-eight of the General Laws ; provided further, that all payments for the purposes herein described shall be made only pursuant to distribution of monies from said fund; provided further, Chap. 151 that any such distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution; provided further, that such distributions shall not be made in advance of the date on which any payment is actually to be made; provided further, that the governor shall request a supplemental appropriation in the amount necessary to provide any amount required to be paid hereunder which is in excess of the sum of the amount herein appropriated and the amounts so recovered, and the amount of any such excess shall not be distributed from the commonwealth's pension liability fund nor paid from any other source until such appropriation has been made, and the amounts so appropriated shall be deposited in said fund and distributed therefrom in accordance with the provisions of this item; provided further, that the treasurer shall submit a report by November fifteenth, nineteen hundred and ninety-six to the house and senate committees on ways and means detailing all retirement benefits paid to the members of the state employees' and teachers' retirement systems, the reimbursement of local retirement systems for cost-of-living adjustments and for the costs of increased survivor benefits during fiscal year nineteen hundred and ninety-six; provided further, that said report shall also include pursuant to section twenty-two of said chapter thirty-two the source and amount of revenue remitted to the commonwealth's pension liability fund during fiscal year nineteen hundred and ninety-six; provided further, that any request for distribution from said fund shall not be in excess of the amount necessary to provide sufficient monies to make all payments for the purposes hereinbefore described; provided further, that the treasurer shall submit a report by January eighth, nineteen hundred and ninety-seven to the house and senate committees on ways and means detailing actual pension expenditures to date and estimated pension expenditures through June thirtieth, nineteen hundred and ninety-seven, with the intent that said committees shall be made aware of any potential shortfall in said fund; provided further, that the state retire- Chap. 151 ment board is authorized to expend an amount for the purposes of the higher education coordinating council's optional retirement program pursuant to section forty of chapter fifteen A of the General Laws; and provided further, that except where authorized herein no funds may be expended from this item, other than deposits to the commonwealth's pension liability fund...............$1,006,767,000 Local Aid Fund .......................... 59.0% General Fund............................ 33.9% Highway Fund............................ 7.0% Inland Fisheries and Game Fund.............. 0.1% 0612-1507 For the cost of the commonwealth's obligation to assume book to market losses, pursuant to paragraph (c) of subdivision (3) of section twenty-two of chapter thirty-two of the General Laws for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; provided, that the public employee retirement administration shall certify said losses; and provided further, that notwithstanding any general or special law to the contrary, the pension reserve investment trust fund shall reimburse the General Fund for the amount of this appropriation on or before June thirtieth, nineteen hundred and ninety-seven................$ 107,449 Local Aid Fund......................... 100.0% 0612-2000 For retirement benefits authorized pursuant to chapters seven hundred and twelve and seven hundred and twenty-one of the acts of nineteen hundred and eighty-one, chapter one hundred and fifty-four of the acts of nineteen hundred and eighty-three, chapter sixty-seven of the acts of nineteen hundred and eighty-eight, and chapter six hundred and twenty-one of the acts of nineteen hundred and eighty-nine; for the compensation of veterans who may be retired by the state board of retirement, including individuals formerly in the service of the division of employment security whose compensation for such service was paid in full from a grant from the federal government, and for the cost of medical examinations in connection therewith, for pensions of retired judges or their widows or widowers, for retirement allowances of certain employees formerly in the service of the administrative division of the metropolitan district commission, for retirement allowances of certain veterans and police officers formerly Chap. 151 in the service of the metropolitan district commission, for retirement allowances of certain veterans formerly in the service of the metropolitan sewerage district, for retirement allowances of certain veterans formerly in the service of the metropolitan water system, and for annuities for widows or widowers of certain former members of the uniformed branch of the state police...................$20,900,000 General Fund............................ 82.2% Highway Fund........................... 17.8% Commission on Firefighter's Relief. 0620-0000 For financial assistance to injured firefighters...................$9,808 Local Aid Fund ......................... 100.0% Emergency Finance Board. 0630-0000 For the operation of the emergency finance board; provided, that notwithstanding the provisions of any general or special law to the contrary, no employee of the department of revenue shall receive any reimbursement for services from this item ........................................$69,823 Local Aid Fund ......................... 100.0% Lottery Commission. 0640-0000 For the operation of the state lottery commission and arts lottery; provided, that no funds shall be expended from this item for any costs associated with the promotion or advertising of lottery games; provided further, that positions funded by this item shall not be subject to chapters thirty and thirty-one of the General Laws; provided further, that twenty-five percent of the amount appropriated herein shall be transferred from the State Lottery Fund to the General Fund quarterly; provided further, that the state treasurer may conduct a feasibility study on the implementation of a redemption deposit system for lottery "scratch tickets"; provided further, that said study may include the cost of the system and a copy shall be submitted to the chairman of the committee on ways and means in both the house of representatives and the senate; provided further, that said study shall be completed by November first, nineteen hundred and nine- Chap. 151 ty-six; and provided further, that no funds appropriated herein shall be scheduled in or transferred to, or expanded from, the EE subsidiary, so-called, of this item...........$40,573,081 0640-0005 For the cost associated with the continued implementation of the game of keno, so-called; provided, that any sums expended on promotional activities shall be limited to point of sale promotions and agent newsletters; provided further, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly.....................................$4,000,000 0640-0010 For the promotional activities associated with the state lottery program; provided, that said promotional expenses shall be limited to point of sale promotions and agent newsletters; provided further, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly.......................$400,000 0640-0096 For the purpose of the commonwealth's fiscal year nineteen hundred ninety-seven contributions to the health and welfare fund established pursuant to the collective bargaining agreement between the lottery commission and the service employees international union, Local 254, AFL-CIO; provided, that said contributions shall be paid to such trust fund on such basis as said collective bargaining agreement provides..........................$233,820 0640-0103 For the operation and administration of the state lottery commission and arts lottery; provided, that all funds appropriated herein shall be scheduled and expended in the EE subsidiary, so-called; provided further, that no funds shall be expended from any other subsidiary except said EE subsidiary, so-called; provided further, that said commission is hereby directed to use the most cost effective paper products for producing instant tickets; provided further, that said commission is also directed to use recycled paper products for producing instant tickets and bet slips whenever possible; provided further, that no funds shall be expended from this item for any costs associated with advertising lottery games; and provided further, that twenty-five percent of this appropriation shall be transferred from the State Lottery Fund to the General Fund quarterly....................................$27,042,847 Chap. 151 Massachusetts Cultural Council. State Appropriations 0640-0300 For the services and operations of the council; provided, that notwithstanding the provisions of any general or special law to the contrary, the council may expend the amounts herein appropriated for the purposes of the council as provided in sections fifty-two to fifty-eight, inclusive, of chapter ten of the General Laws, in such amounts and at such times as the council may determine pursuant to section fifty-four of chapter ten of the General Laws; provided further, that twenty-five percent of this appropriation shall be transferred from the Arts Lottery Fund to the General Fund quarterly; provided further, that any funds expended from this account for the benefit of schoolchildren shall be expended for the benefit of all Massachusetts schoolchildren and on the same terms and conditions; provided further, that the council shall not expend funds from this account for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such children; and provided further, that persons employed under this item shall be considered employees within the meaning of section one of chapter one hundred and fifty E, and shall be placed in the appropriate bargaining units.....$10,816,961 0640-0350 For the purposes of the cultural resources act as provided in section thirty-six of chapter sixty-nine of the General Laws; provided, that the council shall not expend funds from this account for any recipient that, in any program or activity for Massachusetts schoolchildren, does not apply the same terms and conditions to all such children.........$3,329,850 Federal Appropriations 0640-9717 For the purposes of a federally funded grant entitled, Basic State Grant..................................... 0640-9718 For the purposes of a federally funded grant entitled, Artists in Education.................................... 0640-9721 For the purposes of a federally funded grant entitled, Youth Reach......................................... $352,000 . $75,000 $111,240 Chap. 151 Debt Service. 0699-0015 For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth, previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that payments of certain serial bonds maturing previously charged to the Local Aid Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid from this item; provided further, that payments on bonds issued pursuant to section two O of chapter twenty-nine of the General Laws shall be paid from this item and shall be charged to the Infrastructure sub fund of the Highway fund; provided further, that payments of interest, discount and principal on certain bonded debt of the commonwealth associated with the Watershed Management Fund for the acquisition of development rights and other interests in land, including fee simple acquisitions of watershed lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above the Ware river intake pipe shall be paid from this item; and provided further, that notwithstanding the provisions of any general or special law or the provisions of this item to the contrary, the comptroller is hereby authorized to charge the payments authorized herein to the appropriate budgetary or other fund subject to a plan which the comptroller shall file ten days in advance with the house and senate committees on ways and means .... $1,009,510,000 General Fund........................... 65.77% Highway Fund.......................... 25.01% Local Aid Fund .......................... 9.18% Watershed Management Fund............... 0.04% 0699-0090 For the debt service associated with Dedicated Income Tax Bonds, Fiscal Recovery Loan Act of nineteen hundred and ninety, provided, that the state comptroller is hereby authorized to transfer such amounts as would otherwise be Chap. 151 unexpended on June thirtieth, nineteen hundred and ninety-seven to item 0699-0100, if that item has insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; provided, however, that any amount transferred to item 0699-0100 shall be charged to the Commonwealth Fiscal Recovery Fund................$271,379,000 Commonwealth Fiscal Recovery Fund....... 100.0% 0699-0100 For payments related to bonds issued pursuant to chapter one hundred and fifty-one of the acts of nineteen hundred and ninety due under agreements entered into pursuant to section thirty-eight C of chapter twenty-nine of the General Laws; provided, that the state comptroller is hereby authorized to transfer such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and ninety-seven to item 0699-0090, if that item has insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; provided, however, that any amount transferred to item 0699-0090 shall be charged to the General Fund......................................$6,600,000 0699-9100 For the payment of interest and issuance costs on bonds and bond and revenue anticipation notes and other notes pursuant to sections forty-seven and forty-nine B of chapter twenty-nine of the General Laws; provided, that the treasurer shall certify to the comptroller a schedule of the distribution of such costs among the various funds of the commonwealth; provided further, that the comptroller shall charge such costs to such funds in accordance with said schedule; and provided further, that any deficit in this item at the close of the fiscal year ending June thirtieth, nineteen hundred and ninety-seven shall be charged to the various funds or to the General or Highway Fund debt service reserves...................................$10,000,000 0699-9200 For certain debt service contract assistance to the Massachusetts land bank in accordance with the provisions of section eight B of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five.............$6,000,000 Chap. 151 STATE AUDITOR. Office of the State Auditor. 0710-0000 For the office of the state auditor........................$11,132,792 0710-0010 For the review and monitoring of privatization contracts in accordance with the provisions of sections fifty-three through fifty-five of chapter seven of the General Laws; provided, that a report shall be submitted to the house and senate committees on ways and means no later than September thirtieth nineteen hundred and ninety-six delineating the privatization contracts reviewed and monitored during fiscal year nineteen hundred ninety-six; and provided further, that said report shall also detail the relative number of full-time equivalent positions assigned to each of the aforementioned privatization contracts reviewed ...........................................$975,107 0710-0100 For the operation and administration of the division of local mandates ...........................................$697,537 Local Aid Fund......................... 100.0% ATTORNEY GENERAL. State Appropriations 0810-0000 For the office of the attorney general, including the administration of the local consumer aid fund, the operation of the anti-trust division, and the victim compensation program; provided, that the victim and witness assistance program shall be administered in accordance with the provisions of chapters two hundred and fifty-eight B and two hundred and fifty-eight C of the General Laws; provided further, that the attorney general shall submit to the general court and the secretary of administration and finance a report detailing the claims submitted to the state treasurer for payment under item 0611-5000 of this act indicating both the number and costs for each category of claim; provided further, that not less than three hundred fifty thousand dollars shall be expended for merit compensation adjustments for staff of the office of the attorney general; provided further, that an Chap. 151 additional sum of three hundred seventy-five thousand dollars shall be expended for the salaries and expenses of the safe neighborhood initiative, so-called; and provided further, that the sum of not less than sixty thousand dollars shall be expended for two additional assistant attorneys general to expand said initiative to the Bowdoin Street-Geneva Avenue and Uphams Corner sections, so-called, of Dorchester in the city of Boston............$15,954,261 General Fund........................... 93.20% Local Aid Fund ..........................3.93% Anti-Trust Law Enforcement Fund........... 1.99% Victim and Witness Assistance Fund ......... 0.88% 0810-0014 For the operation of the public utilities proceedings unit, pursuant to section eleven E of chapter twelve of the General Laws......................................$1,391,774 0810-0017 For the expenses related to judicial proceedings relevant to the fuel charge, pursuant to section ninety-four G of chapter one hundred and sixty-four of the General Laws and such other proceedings as may be reasonably related to said section; provided, that said assessment shall be credited to the General Fund.............................$75,000 0810-0021 For the operation of the medicaid fraud control unit; provided, that the federal reimbursement for any expenditure for this item shall not be less than seventy-five percent of such expenditure .......................................$1,381,122 0810-0045 For the labor law enforcement program, pursuant to continued authority under section three hundred and thirty-one of chapter one hundred and ten of the acts of nineteen hundred and ninety-three; provided, that notwithstanding the provisions of any general or special law to the contrary, any non-management position funded by this item shall be deemed a job title in a collective bargaining unit as prescribed by the labor relations commission, and shall be subject to the provvisions of chapter one hundred and fifty E of the General Laws........................$2,437,370 0810-0201 For the costs incurred in administrative or judicial proceedings on insurance as authorized by section eleven F of chapter twelve of the General Laws; provided, that funds Chap. 151 made available herein may be used to supplement the automobile insurance fraud unit and the workers' compensation fraud unit of the office of the attorney general...........................................$1,144,509 0810-0338 For the investigation and prosecution of automobile insurance fraud; provided, that the costs of this program shall be assessed pursuant to section three of chapter three hundred and ninety-nine of the acts of nineteen hundred and ninety-one; provided further, that notwithstanding said section, the amount so assessed shall be two hundred and fifty-two thousand five hundred and ninety-seven dollars plus an amount sufficient to recover indirect and fringe benefit costs of personnel funded from this item ............$252,597 0810-0399 For the investigation and prosecution of workers compensation fraud; provided, that the costs of this item shall be assessed pursuant to section three of chapter three hundred and ninety-nine of the acts of nineteen hundred and ninety-one; provided further, that notwithstanding said section, the amount so assessed shall be four hundred twenty-two thousand and seventy-two dollars plus an amount sufficient to recover indirect and fringe benefit costs of personnel funded from this item; provided further, that the attorney general is hereby authorized and directed to investigate and prosecute where appropriate employers who fail to provide workers' compensation insurance in accordance with the laws of the commonwealth; and provided further, that said unit shall investigate and report on all companies not in compliance with chapter one hundred and fifty-two of the General Laws ................$422,072 Federal Appropriation 0810-6646 For the purposes of a federally funded grant entitled Crime Victim Compensation...............................$1,133,000 Commission on Uniform State Laws. 0830-0100 For the commission on uniform state laws ....................$29,200 Chap. 151 Victim and Witness Assistance Board. State Appropriations 0840-0100 For the operation of the Massachusetts office for victim assistance...........................................$296,631 Victim and Witness Assistance Fund ........ 100.0% 0840-0101 For the salaries and expenses of continuing the pilot domestic violence advocates program in the Hampshire probate and family court and the Northampton and Ware district courts; provided, that thirty-seven thousand dollars from said program shall be made available for the salary and expenses of a coordinator/supervisor of said program within the Massachusetts office of victim assistance; provided further, that said office shall submit to the house and senate committees on ways and means on or before February third, nineteen hundred and ninety-seven, a report detailing the effectiveness of contracting for said program, including, but not limited to, the number and types of incidents to which said advocates responded, the types of service and service referrals provided by said domestic violence advocates, the cost of providing such contracted services and the extent of coordination with other service providers and state agencies..................$115,000 Federal Appropriations 0840-0110 For the purposes of a federally funded grant entitled, Crime Victim Assistance ............................... 0840-0113 For the purposes of a federally funded grant entitled, New England Victim Assistance Training................. STATE ETHICS COMMISSION. 0900-0100 For the operation of the state ethics commission.............$1,168,923 General Fund............................ 50.0% Local Aid Fund .......................... 50.0% OFFICE OF THE INSPECTOR GENERAL. 0910-0200 For the operation and administration of the office of the inspector general ...................................$1,562,523 $3,000,000 ... $45,000 Chap. 151 0910-0210 The office of the inspector general is hereby authorized to expend revenues collected up to a maximum of one hundred thousand dollars from the fees charged to participants in the Massachusetts public purchasing official certification program for the operation of said program; provided, that for the purpose of accommodating discrepancies between the receipts of retained revenues and related expenditures, the office of the inspector general may incur expenses and the comptroller may certify for payments amounts not exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................$100,000 OFFICE OF CAMPAIGN AND POLITICAL FINANCE. 0920-0300 For the operation of the office of campaign and political finance.............................................$672,596 General Fund............................ 50.0% Local Aid Fund .......................... 50.0% OFFICE OF THE STATE COMPTROLLER. 1000-0001 For the office of the state comptroller, for the purpose and cost of compliance with the Single Audit Act of nineteen hundred eighty-four, Public Law 89-502, and for the federally required comprehensive, statewide single audit of state operations for the fiscal year ending June thirtieth, nineteen hundred ninety-six, in accordance with generally accepted accounting principles; provided, that the office of the comptroller shall charge other items of appropriation for the cost of said audit from allocated federal funds transferred from federal reimbursement and grant receipts; provided further, that the costs of said audit and the total amount so charged shall not exceed five hundred twenty-five thousand dollars; provided further, that notwithstanding any general or special law to the contrary, allocated federal funds transferred from federal reimbursement and grant receipts shall be credited to and expended from this account without further appropriation, in addition to state funds appropriated to this account, for the cost of compliance with the mandate of the federal law and the office of management and budget regulations; provided further, that the amount of any such federal funds Chap. 151 and grant receipts so credited and expended from this account shall be reported to the house and senate committees on ways and means; provided further, that the comptroller shall maintain a special federal and non-tax revenue unit which shall operate under policies and procedures developed in conjunction with the office of purchased services; and provided further, that the comptroller shall provide quarterly reports to the house and senate committees on ways and means which shall include for each state agency for which the commonwealth is billing, the eligible state services, the full year estimate of revenues, and revenues collected ....................$6,543,867 Genera] Fund .......................... 93.81% Revenue Maximization Fund ............... 6.19% EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. Office of the Secretary. 1100-1100 For the office of the secretary; provided, that forecasts generated by the state economic model and the governor's revenue advisory board shall be filed quarterly with the house and senate committees on ways and means; provided further, that not less than one million six hundred thirteen thousand six hundred thirteen dollars shall be expended for the establishment and operation of a central business office for the secretariat ......................$2,836,195 Administering Agency for Developmental Disabilities. Federal Appropriations 1100-1703 For the purposes of a federally funded grant entitled, Administering Agency for Developmental Disabilities; provided, that in order to qualify for said grant, this account shall be exempt from the first fifty-five thousand six hundred dollars of fringe benefits charges pursuant to section six B of chapter twenty-nine of the General Laws. .. . $1,222,170 1100-1710 For the purposes of a federally funded grant entitled, Massachusetts Developmental Disabilities Council..........$363,601 Chap. 151 Office of Dispute Resolution. 1100-1103 For the office of dispute resolution; provided, that the office shall generate not less than three hundred eighty-two thousand seven hundred nineteen dollars from the collection of fees charged to other state agencies, cities, towns, and other political subdivisions of the commonwealth or to corporations and individuals for the costs of mediation and related services....................$382,719 State House Physician. 1100-2600 For the emergency service of a physician, for medical supplies in the state house and for expenses, including the purchase of equipment in connection therewith; provided, that section twenty-one of chapter thirty of the General Laws shall not apply to the payments made under this item, prior appropriation continued........................$26,170 Massachusetts Corporation For Educational Telecommunications. 1100-1400 For a payment to the Massachusetts corporation for educational telecommunications to be expended in accordance with a plan filed with the general court..................$2,700,000 Fiscal Affairs Division. 1101-2100 For the administration of the fiscal affairs division; provided, that charges for the cost of computer resources and services provided by the division of information technology for the design, development and production of reports and information required to be included in budgets submitted by the governor to the legislature, shall not be charged to this item ................................$2,069,547 Division of Capital Planning and Operations. 1102-3210 For the operation of the division of capital planning and operations; provided, that the division, in conjunction with the bureau of state office buildings, is hereby authorized and directed to prepare a five year plan for all state owned buildings under the management jurisdiction of both agencies projecting any and all maintenance costs, revenue from rentals, commissions, fees and other user charges, amounts necessary for maintenance reserves, and a capital replacement schedule; provided further, that said plan may Chap. 151 include a schedule for improving indoor air quality and heating, ventilating and air conditioning (HVAC) standards in said buildings so that the ventilation rates specified in the state building code may be met and to provide that there be adequate indoor air quality in buildings occupied or to be occupied by state employees during normal working hours; provided further, that said plan shall make such projections for the five fiscal years beginning with fiscal year nineteen hundred and ninety-eight; and provided further, that said plan shall be filed with the house and senate committees on ways and means not later than December first, nineteen hundred and ninety-six.........................................$5,002,069 1102-3214 For the state transportation building; provided, that the division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of six million two hundred five thousand dollars from rentals, commissions, fees, parking fees and from any and all other sources pertaining to the operation of the state transportation building for the maintenance and operation of said building; provided, that the building manager selected by said division shall make such expenditures on behalf of said division pursuant to the provisions of section two AA of chapter twenty-nine of the General Laws; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of capital planning and operations may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; and provided further, the square foot rental rate charged to the Massachusetts highway department shall not exceed the rates in effect on April first, nineteen hundred ninety-six .... $6,205,000 State Building Management Fund .......... 100.0% 1102-3221 The division of capital planning and operations is hereby authorized to expend for consultant personnel, and associated costs, two hundred thousand dollars from revenues received for project management services provided to, but not limited to, the Massachusetts information technology center and the several community Chap. 151 colleges, pursuant to the provisions of section forty-two J of chapter seven of the General Laws, including the costs of personnel; provided, that a quarterly report be filed with the house and senate committees on ways and means detailing expenditures by project; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of capital planning and operations may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................................$200,000 1102-3231 For the Springfield state office building; provided, that the division of capital planning and operations is hereby authorized to expend revenues collected up to a maximum of seven hundred fifty thousand dollars accrued from rents charged to agencies occupying the Springfield state office building for the maintenance and operation of said building, pursuant to the provisions of section two AA of chapter twenty-nine of the General Laws; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of capital planning and operations may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................$750,000 State Building Management Fund........... 100.0% Office on Disability. 1107-2400 For the office on disability; provided, that not less than fifty thousand dollars of the amount appropriated herein shall be expended for arts programs for people with disabilities, including but not limited to, festivals, training, and education through the arts..............................$540,392 Federal Appropriation 1107-2450 For the purposes of a federally funded grant entitled, Client Assistance Program...................................$195,000 Chap. 151 Disabled Persons Protection Commission. 1107-2501 For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of mental retardation with uniform investigative standards, so called; provided further, that the commission shall keep an account of the number of claims of abuse by caretakers made by employees or contracted service employees of the departments of mental retardation and mental health; and provided further, that said account shall include the following categories: (i) number of claims that are found to be substantiated; (ii) number of claims that are unsubstantiated; (ii) number of claims that are found to be falsely reported as a result of intentional and malicious action............................................$1,405,991 Federal Appropriation 1107-2525 For the purposes of a federally funded grant entitled, Abuse Prevention for Consumers with Disabilities .................$20,875 Massachusetts Teachers Retirement Board. 1108-4010 For the Massachusetts teachers' retirement board; provided, that the General Fund shall be reimbursed for the amount of this appropriation pursuant to paragraph (a) of subdivision (7) of section twenty-two of chapter thirty-two of the General Laws.................................$1,672,425 Group Insurance Commission. 1108-5100 For the administration of the group insurance commission; provided, that said commission shall generate the maximum amounts allowable under the federal consolidated omnibus budget reconciliation act, as amended, and from reimbursements allowed by sections eight, ten B, ten C, and twelve of chapter thirty-two A of the General Laws...................................$1,901,548 1108-5200 For the commonwealth's share of the group insurance premium and plan costs incurred in fiscal year nineteen hundred and ninety-seven; provided, that not more than three hundred thousand dollars shall be obligated for the Chap. 151 evaluation and audit of said premium and plan costs; provided further, that not more than three hundred thousand dollars shall be obligated for the evaluation and negotiation of premium rates which may include rates for health benefit plans, mail order prescription drug plans and long-term disability plans; provided further, that not more than one hundred and fifty thousand dollars shall be obligated for claims utilization analysis; provided further, that the secretary of administration and finance shall charge the department of employment and training and other departments, authorities, agencies and divisions which have federal or other funds allocated to them for this purpose for that portion of insurance premiums and plan costs as he determines should be borne by such funds, and shall notify the comptroller of the amounts to be transferred, after similar determination, from the several state or other funds, and amounts received in payment of all such charges or such transfers shall be credited to the General Fund; provided further, that the group insurance commission shall obtain reimbursement for premium and administrative expenses from other non-state funded agencies and authorities; provided further, that the secretary of administration and finance is authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of those agencies who are on leave of absence for a period of more than one year; provided further, that the amounts received in payment for said charges shall be credited to the General Fund; provided further, that, notwithstanding the provisions of section twenty-six of chapter twenty-nine of the General Laws, the commission is hereby authorized to negotiate, purchase and execute contracts prior to July first of each year for a policy or policies of group insurance as authorized by chapter thirty-two A of the General Laws; provided further, that notwithstanding the provisions of chapter one hundred and fifty E of the General Laws and as provided in section eight of said chapter thirty-two A and for the purposes of section fourteen of said chapter thirty-two A, the commonwealth's share of the group insurance premium for state employees who have retired prior to July first, nineteen hundred and ninety-four shall be ninety percent Chap. 151 and the commonwealth's share of the group insurance premium for state employees who have retired on or after July first, nineteen hundred and ninety-four shall be eighty-five percent; provided further, that the commission shall provide the house and senate committees on ways and means with the number of state employees who have retired on or after July first, nineteen hundred and ninety-four; provided further, that the commonwealth's share of such premiums for active state employees shall be eighty-five percent of such premiums and rates; provided further, that notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, employees of the Massachusetts bay transportation authority and of regional transit authorities shall continue to pay the same percentage, if any, of their health insurance premium as they paid on June first, nineteen hundred and ninety-four; provided further, that active employees of the Massachusetts bay transportation authority and of regional transit authorities shall pay fifteen percent of such premiums and rates; provided further, that the commission shall notify the house and senate committees on ways and means by March fifteenth of each year, of the cost of the commonwealth's projected share of group insurance premiums for the next fiscal year; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother......................$426,574,000 1108-5220 For the mail order prescription drug program..............$15,843,844 1108-5230 For payment of prior year costs incurred by the state indemnity health insurance plan and the preferred provider organization; provided, that expenditures from this item shall be made only for the purpose expressly stated herein; and provided further, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother.............$53,500,000 1108-5350 For elderly governmental retired employee premium payments; provided, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother..............$1,998,745 Chap. 151 1108-5400 For the costs of the retired municipal teachers' premiums and the audit of said premiums; provided, that no funds appropriated under this item shall be expended for the payment of abortions not necessary to prevent the death of the mother.......................................$21,622,611 Local Aid Fund ......................... 100.0% 1108-5500 Notwithstanding the provisions of chapter thirty-two A of the General Laws to the contrary, for the provision of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivision, who are not otherwise provided such benefits pursuant to a separate appropriation or the provisions of a contract or collective bargaining agreement; and provided further, that said employees shall pay at least fifteen percent of the monthly premium established by the commission for such benefits...........$3,206,892 Public Employees Retirement Administration. 1108-6100 For the operation of the public employee retirement administration, including the costs of regional medical panels established pursuant to section six of chapter thirty-two of the General Laws, and for the administration of the workers' compensation costs of public employees, including the workers' compensation investigatory unit.....$3,010,966 General Fund............................ 60.0% Local Aid Fund .......................... 40.0% Division of Administrative Law Appeals. 1110-1000 For the division of administrative law appeals established by section four H of chapter seven of the General Laws.........$489,224 Massachusetts Commission Against Discrimination. 1150-5100 For the office of the commission; provided, that all positions except clerical are exempted from the provisions of chapter thirty-one of the General Laws; and provided further, that said commission shall pursue the highest allowable rate of federal reimbursement.................$1,107,754 1150-5104 The Massachusetts commission against discrimination is hereby authorized to expend revenues collected through federal reimbursements received for the purposes of the Chap. 151 housing and urban development fair housing type 1 program and the equal opportunity resolution contract program during fiscal year nineteen hundred ninety-seven, and federal reimbursements received for these and other programs in prior years; provided, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, said commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenues estimate as reported in the state accounting system; provided further, that notwithstanding the provisions of section one of this act or any other general or special law to the contrary, federal reimbursements received in excess of one million four hundred thousand nine hundred dollars shall be credited to the General Fund; provided further, that notwithstanding any general or special law to the contrary, funds may be expended from this item for the purposes of case investigations, conciliation, and resolution efforts of local agencies as provided by contract through the commission; provided further, that such efforts include, but shall not be limited to, the following cities and towns: Worcester, New Bedford, Somerville, Chelsea, Cambridge, and Barnstable; provided further, that notwithstanding the provisions of any general or special law to the contrary, the commission shall deposit into the General Fund any federal reimbursements received for these purposes in fiscal year nineteen hundred and ninety-seven; provided further, that the commission shall report to the house and senate committees on ways and means no later than the last day of each quarter federal reimbursements received in that quarter, anticipated reimbursements to be received in the remaining quarters of the fiscal year, and reimbursements projected to be collected in the subsequent fiscal year for said purposes; provided further, that said report shall detail actual and anticipated reimbursements by date of receipt, case type, reimbursement per case, and cases resolved; and provided further, that the costs of personnel may be charged to this item ..................$1,400,900 1150-5114 The Massachusetts commission against discrimination is hereby authorized to expend one hundred thousand dollars Chap. 151 for the sole purpose of supporting the civil rights enforcement efforts of cities and towns through their local human rights commissions; provided, that such efforts shall include, but not be limited to, the following cities and towns: Amherst, Barnstable, Boston, Cambridge, Chelsea, Lawrence, Maiden, Melrose, New Bedford, Northampton, Pittsfield, Somerville, Springfield, and Worcester; provided further, that funds made available herein shall be in addition to funds available in item 1150-5104 ............$ 100,000 1150-5115 For the prompt processing and resolution of all cases pending before the commission which were filed on or before July first, nineteen hundred and ninety-three and of all cases pending before the commission in which the Massachusetts bay transportation authority is named as a respondent; provided, that on or before October first, nineteen hundred and ninety-six, the commission shall submit to the senate and house committees on ways and means a report of the total number of such cases currently pending, and the total number of such cases in the investigation, conciliation, post-probable cause and pre-public hearing, and post-hearing stages; provided further, that the commission shall file an update of such report with such committees on or before March first, nineteen hundred and ninety-seven; provided further, that the commission shall identify in said reports the number of cases in which the commission has determined there is probable cause to believe that a violation of the provisions of chapter one hundred and fifty-one B has been committed in a case in which the Massachusetts bay transportation authority is named as a respondent; provided further, that the commission shall report to the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-six the number of cases pending before the commission in which a state agency or state authority is named as a respondent, and the number of such cases in which the commission has found probable cause to believe that a violation of the provisions of chapter one hundred and fifty-one B has been committed; provided further, that the costs of personnel shall not be charged to this item; and Chap. 151 provided further that an amount not to exceed fifteen thousand dollars may be expended to fund Edward Brooke scholarships to the extent that the recipients of said scholarships assist the commission in resolving the cases pending before the commission which were filed on or before July first, nineteen hundred and ninety-three..........$115,000 Federal Appropriations 1150-5107 For the purposes of a federally funded grant entitled, Fair Housing Initiative Program-Type IV.......................$12,794 1150-5109 For the purposes of a federally funded grant entitled, Fair Housing Initiative Program-Type V .......................$94,112 1150-5111 For the purposes of a federally funded grant entitled, Fair Housing Initiative Program-Type VI.......................$29,871 1150-5112 For the purposes of a federally funded grant entitled, Fair Housing Initiative Program-Type VII ......................$69,826 Department of Revenue. 1201 -0100 For the tax administration program, including audits of certain foreign corporations; provided, that the comptroller shall transfer to the General Fund the sum of two hundred and sixty thousand dollars from the receipts of the cigarette tax in accordance with the provisions of paragraph (b) of section fourteen of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided further, that the department may allocate an amount not to exceed two hundred and fifty thousand dollars to the department of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement division and the local services division, from this account to item 1201-0160 or 1231-0100, consistent with the costs attributable to the respective divisions; provided further, that the department shall submit a report to the house and senate committees on ways and means detailing savings as a result of recent information technology acquisitions; provided further, that said report shall be submitted no later than November thirtieth, nineteen hundred ninety-six; provided further, Chap. 151 that the department shall maintain a regional office in Springfield; provided further, that the department shall maintain a regional office in Pittsfield; and, provided further, that the department shall maintain a regional office in Worcester.....................................$98,309,488 General Fund............................ 60.0% Local Aid Fund.......................... 35.0% Highway Fund............................ 5.0% 1201-0130 The department of revenue is hereby authorized to expend an amount up to two million one thousand one hundred sixty dollars from revenues collected from the tax enforcement program authorized by section two hundred forty-nine of chapter thirty-eight of the acts of nineteen hundred ninety-five, for the cost of personnel and an amount up to eight hundred eighty thousand dollars from revenues collected from the tax enforcement program authorized by section five hundred and fifty-seven of this act, for the cost of personnel, related benefits and equipment and supplies; provided, that no monies shall be transferred from this item to any other item of appropriation..................$2,881,160 1201 -0160 For the child support enforcement program conducted by the department; provided, that the department may allocate these funds to the department of state police, the district courts, the probate and family court department, the district attorneys, and other state agencies for the performance of certain child support enforcement activities, and that these agencies are hereby authorized to expend such amounts for the purposes of this item; provided further, that all such allocations shall be reported quarterly to the house and senate committees on ways and means upon the allocation of said funds; provided further, that federal receipts associated with the child support computer network shall be deposited into a revolving account to be drawn down at the highest possible rate of reimbursement and to be expended for the network; provided further, that the department shall file quarterly status reports on the progress of said network with the house and senate committees on ways and means; and provided further, that the department shall file quarterly Chap. 151 reports with the house and senate committees on ways and means, detailing the balance, year-to-date and projected receipts,and year-to-date and projected expenditures,by subsidiary, of the child support trust fund established pursuant to section nine of chapter one hundred and nineteen A of the General Laws; provided further, that the department shall file a performance report with the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-six detailing current staffing levels by function and performance indicators, including, but not limited to, AFDC and non-AFDC caseloads, collection levels, court cases, paternities established, court orders established, average employee workload, federal reimbursements, projections of said indicators for the remainder of the fiscal year, and any deviations of current performance from previous projections; and provided further, that the division shall make all reasonable efforts to maximize AFDC child support collections ......................$29,981,766 1231-0100 For the local services program, including the bureaus of municipal data management and technical assistance, property tax, local assessment and accounts, including the expense of auditing municipal accounts where the circumstances require state assistance to accomplish a specific purpose in the protection of the public interest, for the operation of technical assistance and educational programs for financial officials of the cities and towns, for the monitoring of municipal audits performed by independent public accountants, for the supervision of the installation of accounting systems meeting generally accepted accounting principles, and for the expenses of materials which may be sold to cities and towns, including the expenses for developing and implementing a comprehensive and voluntary program of technical assistance and training for cities, towns and districts in local property tax assessment administration and accounting and financial management review; provided, that the department shall provide to the general court access to the municipal data bank......................$4,735,704 Local Aid Fund.........................100.0% Chap. 151 1231 -1000 For the sewer rate relief fund established by section two Z of chapter twenty-nine of the General Laws .................$46,858,000 Local Aid Fund......................... 94.13% Commonwealth Cost Relief Fund............ 5.87% 1233-2000 For the tax abatements program; provided, that cities and towns shall be reimbursed for abatements granted pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second E and Thirty-seventh of section five of chapter fifty-nine of the General Laws...................................$4,500,000 Local Aid Fund ......................... 100.0% 1233-2010 For the tax abatements programs; provided, that cities and towns shall be reimbursed for abatements granted to certain homeowners over the age of sixty-five pursuant to the clause Fifty-second of section five of chapter fifty-nine of the General Laws; provided further, that not more than two million dollars shall be expended from this item for a low income sewer and water assistance program pursuant to the provisions of section twenty-four B of chapter twenty-three B of the General Laws, prior appropriation continued..................................... 1233-2310 For the elderly persons component of the tax abatements program; provided, that cities and towns shall be reimbursed for taxes abated under clauses forty-one, forty-one B and forty-one C of section five of chapter fifty-nine of the General Laws; and provided further, that the commonwealth shall reimburse each city or town that accepts the provisions of clause forty-one B or forty-one C for additional costs incurred in determining eligibility of applicants under said clauses in an amount not to exceed two dollars per exemption granted .. ..................$13,600,000 Local Aid Fund ......................... 100.0% Appellate Tax Board. 1310-1000 For the appellate tax board; provided, that the board shall schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield, Springfield, and Worcester.........................................$1,148,128 Chap. 151 Department of Veterans Services. 0610-0093 For the purposes of allowing the department of veterans' services to make bonus payments to Persian Gulf war veterans; provided that all such payments shall be consistent with the purposes of the trust instrument for "A Hero's Welcome Trust Fund" ............................$27,000 A Hero's Welcome Trust Fund ............. 100.0% 1410-0010 For the administration and support of the office of veterans' services; provided, that not less than ten thousand dollars shall be expended for the maintenance of the Massachusetts Korean War Memorial located in the shipyard park of the Charlestown Navy Yard; and provided further, that the office shall fund a housing specialist contract from this item ......................$1,693,791 1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that said centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; provided further, that one hundred eighty-five thousand dollars shall be obligated for a contract with the Veterans Benefits Clearinghouse in Roxbury; provided further, that seventy-five thousand dollars shall be obligated for a contract with the Veterans Northeast Outreach Center in Haverhill; provided further, that seventy thousand dollars shall be obligated for a contract with the Veterans Association of Bristol County in Fall River; provided further, that seventy-nine thousand five hundred dollars shall be obligated for a contract with the North Shore Veterans Counseling Center in Beverly; provided further, that ninety thousand dollars shall be obligated for a contract with Nam Vets of the Cape and Islands in Hyannis; provided further, that fifty-five thousand dollars shall be obligated for a contract with the Metrowest/Metrosouth Outreach Center in Framingham; provided further, that fifty-five thousand dollars shall be obligated for a contract with the Outreach Center, Inc., in Pittsfield; provided further, that seventy thousand dollars shall be obligated for a contract with the Montachusett Veterans Outreach Center in Gardner; and provided further, that sixty thousand dollars shall be obligated for a Chap. 151 contract with the Holyoke soldiers' home..................$770,084 Local Aid Fund ........................ 100.0% 1410-0100 For the elder affairs revenue maximization project, to identify individuals eligible for veterans' pensions who are currently receiving home care and home health services; provided, that the department shall enter into an interagency service agreement with the executive office of elder affairs not later than August first, nineteen hundred and ninety-six to determine the methods for recovering said pensions.........................................$95,983 1410-0250 For homelessness services, including the maintenance and operation of homeless shelters and transitional housing for veterans; provided, that not less than one million two hundred and ninety-five thousand dollars shall be obligated for a contract with the New England Shelter for Homeless Veterans located in Boston; provided further, that not less than one hundred twenty-five thousand dollars be obligated for a contract with the Central Massachusetts Shelter for Homeless Veterans located in Worcester; and provided further, that not less than one hundred twenty-five thousand dollars be obligated for a contract with the Southeastern Massachusetts Veterans' Housing Program, Inc., located in New Bedford .................$1,545,000 1410-0251 For the maintenance and operation of a transitional housing unit at the New England Shelter for Homeless Veterans ......$680,000 1410-0300 For the payment of annuities to certain disabled veterans; provided, that said payments shall be made pursuant to section six B of chapter one hundred and fifteen of the General Laws; provided, that the department shall take reasonable steps to terminate payments upon the death of a recipient ..........................................$107,482 1410-0400 For reimbursing cities and towns for money paid for veterans' benefits and for payments to certain veterans; provided, that said reimbursements be made pursuant to section six of chapter one hundred and fifteen of the General Laws; provided further, that subject to the approval of the commissioner of veterans' services, not less than one hundred forty-seven thousand four hundred seventy-three dollars be paid to the town of Oxford, as reimbursement for veteran's benefits paid by the town of Oxford in the Chap. 151 years nineteen hundred ninety-one through nineteen hundred ninety-four, said reimbursement not previously being made because of a failure of said town to make a proper and seasonable report thereof to said commissioner. . . $10,300,000 Local Aid Fund ......................... 100.0% Reserves. 1599-0002 For contributions toward the maintenance of the old provincial state house ..................................$75,000 1599-0013 For a reserve for the cities and towns' unemployment health insurance contributions due under section fourteen G of chapter one hundred fifty-one A of the General Laws; provided, that the deputy director of the division of employment and training shall provide to the secretary of administration and finance and the house and senate committees on ways and means quarterly estimates of the contributions due; and provided further, that upon approval of the secretary of administration and finance, the treasurer shall transfer funds from this account to the medical security trust fund established in chapter one hundred eighteen G of the General Laws .......................$3,000,000 Local Aid Fund ......................... 100.0% 1599-0033 For a reserve to promote departmental revenue optimization projects authorized by and subject to the provisions of sections five hundred and thirty-five of this act ...........$7,500,000 Revenue Maximization Fund ................100% 1599-0035 For certain debt service contract assistance to the Massachusetts convention center authority in accordance with the provisions of section thirty-nine I of chapter one hundred ninety of the acts of nineteen hundred eighty-two as most recently amended by section three hundred and fourteen of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one ...................$24,647,860 1599-0036 For the expenses of the Massachusetts convention center authority..........................................$9,842,000 Massachusetts Tourism Fund .............. 100.0% Chap. 151 1599-0093 For contract assistance to the water pollution abatement trust for debt service obligations of the trust, in accordance with the provisions of section six A of chapter twenty-nine C of the General Laws..................................$22,600,000 Local Aid Fund......................... 100.0% 1599-0420 For a reserve for the department of youth services to manage increased caseloads resulting from the juvenile gun bill, so-called, and growing female population in the custody of the department; provided, that the department of youth services shall submit a quarterly report to the house and senate ways and means committees detailing the exact caseload increase and impact on line items 4202-0001, 4202-0002, 4202-0003, 4202-0004, 4202-0005, 4202-0006, 4237-1010 and 4238-1000; provided further, that the department shall submit to the secretary of administration and finance and the house and senate ways and means committees a schedule of the cost per case per line item as needed to supplement their current appropriation for the purposes stated herein; and provided further, that the secretary of administration and finance is hereby authorized to transfer funds from this item to items 4202-0001, 4202-0002, 4202-0003, 4202-0004, 4202-0005, 4202-0006, 4237-1010 and 4238-1000 subject to an allocation plan which he shall file in advance with the house and senate ways and means committees.........$3,000,000 15 99-0421 For a reserve for unanticipated costs associated with the foster care program administered by the department of social services; provided, that all funds allocated, transferred, or expended from this item shall be expended subject to the provisions of item 4800-0030 of section two of this act; provided further, that no funds shall be allocated, transferred or expended from this item to any other item of this appropriation until the commissioner of the department of social services, the secretary of the executive office of health and human services, the state budget director, and the secretary of administration and finance certify in writing to the chairmen of the house and senate committees on ways and means that the amounts appropriated in item 4800-0030 and authorized in items Chap. 151 4800-1111 and 4800-1115 are insufficient to meet the costs of said foster care program; provided further, that no funds shall be allocated, transferred, or expended from this item until the department submits a revised spending plan which details by subsidiary account and by program component the reasons why funding made available in said items 4800-0030, 4800-1111, and 4800-1115 is insufficient; provided further, that no funds shall be allocated, transferred, or expended prior to April fifteenth, nineteen hundred and ninety-seven; and provided further, that funds allocated or transferred from this item shall be allocated only to said item 4800-0030 and shall not be allocated or transferred to any other item of appropriation. ... $3,100,000 1599-2373 For a reserve for the administration of the department of youth services; provided, that no funds shall be expended or allocated from this item to any other item of appropriation until the commissioner of said department of youth services submits to the secretary of administration and finance and the house and senate ways and means committees a detailed caseload and cost per case estimate for all department programs funded in items 4202-0001, 4202-0002, 4202-0003, 4202-0004, 4202-0005, 4202-0006, 4237-1010 and 4238-1000; provided further, that said estimate shall delineate said caseload and cost per case estimates in accordance with the account structures established by the aforementioned items of appropriation; and provided further, that the department shall take all steps necessary, including, but not limited to, the termination of staff, to ensure that the expenditures for the administration of the department of youth services do not exceed the amounts appropriated for such purposes in this item and in item 4200-0010 of section two of this act ......$1,396,228 1599-3173 For a reserve to fund an adjustment in the rates paid for contracted day care slots and day care vouchers in fiscal year nineteen hundred and ninety-seven in order to increase the compensation paid to day care provider employees; provided, that the secretary of administration and finance, in consultation with the secretary of health and human services, the commissioner of the department Chap. 151 of transitional assistance, and the commissioner of the department of social services, shall make such adjustments pursuant to an implementation plan and allocation schedule that ensures said adjustments reduce the disparity of rates between providers and ensures further that the funds appropriated herein are targeted to providers receiving the lowest percentile of market rates paid to similar providers; provided further, that said adjustment shall not apply to informal day care; provided further, that the amount of said adjustment need not be uniform across all providers or within any class of providers; provided further, that adjustments shall first be granted to that class of providers subject to the rate freeze, so-called, in effect since nineteen hundred and eighty-nine; provided further that the annualized cost of said rate increase shall not exceed in fiscal year nineteen hundred and ninety-eight the amount appropriated herein; provided further, that no funds from this item may be used for any other purposes and shall not be used for the costs of managing or administering the day care system; provided further, that said plan and schedule shall be filed with the house and senate committees on ways and means by August first, nineteen hundred and ninety-six; provided further, that the state auditor is hereby authorized and directed to include in the scope of any human service provider audit standards an evaluation of provider and contracting agency compliance with the provisions established herein; and provided further, that the secretary of administration and finance shall implement rate adjustments authorized herein in a manner which shall maximize federal reimbursement... $20,000,000 1599-3174 For a reserve to fund an adjustment in the rates paid for contracted day care slots and day care vouchers in fiscal year nineteen hundred and ninety-seven in order to increase the compensation paid to day care provider employees; provided, that the secretary of administration and finance, in consultation with the secretary of health and human services, the commissioner of the department of transitional assistance, and the commissioner of the department of social services, shall make such adjustments pursuant to an implementation schedule that shall be filed with the house and senate committees on ways and means Chap. 151 not later than August first, nineteen hundred and ninety-six; provided further, that said schedule shall ensure that funds from this item shall be expended exclusively for rate adjustments for day care providers who are ineligible for the rate increases provided for by item 1599-3173 of section two of this act; provided further, that any provider receiving funds from item 1599-3173 of section two of this act shall be ineligible for funds provided from this item; provided further, that said adjustment shall not apply to informal day care; provided further, that the amount of said adjustment need not be uniform across all providers or within any class of providers; provided further, that the annualized cost of said rate increase shall not exceed in fiscal year nineteen hundred and ninety-eight the amount appropriated herein; provided further, that no funds from this item may be used for any other purposes and shall not be used for the costs of managing or administering the day care system; provided further, that the state auditor is hereby authorized and directed to include in the scope of any human service provider audit standards an evaluation of provider and contracting agency compliance with the provisions established herein; and provided further, that the secretary of administration and finance shall implement rate adjustments authorized herein in a manner which shall maximize federal reimbursement ......................$5,000,000 1599-3856 For rent and associated costs for the Massachusetts information technology center in Chelsea; provided, that in fiscal year nineteen hundred and ninety-eight and future fiscal years, said rent and associated costs shall be charged to the resident agencies..................................$11,704,632 State Building Management Fund........... 100.0% 1599-6895 For a reserve to fund a salary increase of up to four percent for direct care workers earning less than twenty thousand dollars in annual compensation employed by human service providers under contract with the departments of mental health, mental retardation, public health, transitional assistance, social services, youth services, and the commissions for rehabilitation, the blind and the deaf and hard of hearing; or by providers of homemaker or personal care services to elders funded by the executive office of elder affairs; provided, that no funds from this Chap. 151 item may be used for any other purpose; provided further, that said salary increase shall apply to all personnel compensation costs; provided further, that the annualized cost of said rate increase shall not exceed in fiscal year nineteen hundred and ninety-eight the amount appropriated herein; provided further, that the secretary of administration and finance shall establish an implementation plan and allocation schedule that ensures the amounts appropriated herein are equitably distributed among the said departments and contracted human service providers for said salary increases for direct care workers; provided further, that said salary increase shall be calculated to take effect on July first, nineteen hundred and ninety-six and shall begin to be paid to said direct care workers not later than October first, nineteen hundred and ninety-six; provided further, that the comptroller is hereby authorized and directed to transfer from this item to the respective departments the amounts identified by said plan and schedule; provided further, that said plan and schedule shall be filed with the house and senate committees on ways and means by September first, nineteen hundred and ninety-six; provided further, that the state auditor is hereby authorized and directed to include in the scope of any human service provider audit standards that evaluates the compliance of providers and contracting state agencies with the provisions established herein; provided further, that a study shall be conducted by the division of purchased services in order to examine the feasibility and financial impact of requiring any private human service provider, under contract to any state agency or department of the commonwealth, to compensate direct care workers in ratios of no greater than five to one and no greater than seven and one-half to one in direct proportion to that of the salary at the highest level of administrative position to that of the salary of the entry or lowest level of direct care workers within said private human service provider agency; provided further, that said study shall consider total annual compensation, including, but not limited to, overtime, of direct care workers employed by agencies under contract with the departments of mental retardation, mental health, transitional assistance, social services, and the executive office of elder affairs; and provided further, Chap. 151 that said study shall be submitted to the house and senate committees on ways and means on or before the twentieth day of December nineteen hundred and ninety-six........$14,031,551 1599-9100 For a reserve for pension costs associated with the local teachers' early retirement program pursuant to section eighty-three of chapter seventy-one of the acts of nineteen hundred ninety-three; provided, that the Massachusetts teachers' retirement board shall not later than August fifteenth, nineteen hundred ninety-six, certify to the comptroller the amount necessary to meet the cost of said program in the fiscal year ending June thirtieth, nineteen hundred ninety-seven, and the comptroller shall thereupon allocate the entire balance in this account to item 7061-0009 of section two of this act ..................$39,500,000 Local Aid Fund......................... 100.0% 1599-9952 For the purpose of contracting an independent technical advisor for the North End/Waterfront area of the city of Boston to assist this neighborhood in evaluating and contributing to the central artery/third harbor tunnel project, including the Charles river crossing; provided, that the executive office for administration and finance shall issue a request for proposals for such technical advisor, said contract to be drafted in conjunction with designated representatives for the aforementioned neighborhood; provided, said advisor shall be independent from any existing employees or programs whose main purpose is to prepare designs or provide information relevant to the central artery/third harbor tunnel project, including the Charles river crossing, operating under the auspices of the city of Boston or any other municipality, the commonwealth of Massachusetts or the federal government; provided further, that after such contract for a technical advisor has been awarded, such advisor shall have access to data relative to design and mitigation, such technical advisor shall have appropriate input; and provided further that such independent technical advisor shall be accountable to and work directly with residents, designated community representatives and organizations of the North End/ Waterfront area of the city of Boston in assessing impacts and recommending alternative design modifications to the Chap. 151 central artery/third harbor tunnel project, including the Charles river crossing, prior appropriation continued..........$70,000 Highway Fund.......................... 100.0% Division of Human Resources. 1750-0100 For the administration of the division of human resources, including the department of personnel administration, the civil service commission, the state office of affirmative action, the office of employee relations, provided, that the department of personnel administration shall be responsible for the administration of examinations for state and municipal civil service titles, establishment of eligible lists, certification of eligible candidates to state and municipal appointing authorities, technical assistance in selection and appointment to state and municipal appoint ing authorities; provided further, that notwithstanding the provisions of clause (n) of section five of chapter thirty-one of the General Laws or any other general or special law to the contrary, the commissioner of administration shall charge a fee of thirty-five dollars to be collected from each applicant for a civil service examination; provided further, that no funds shall be obligated for purposes of executive search programs except any executive search program which may be conducted pursuant to executive order two hundred and twenty-seven adopted on February twenty-fifth, nineteen hundred and eighty-three, as amended; provided further, that the division shall administer a program of state employee unemployment management, including, but not limited to, agency training and assistance; provided further, that the division shall administer the statewide classification system, including, but not limited to, maintaining a classification pay plan for civil service titles within the commonwealth in accordance with generally accepted compensation standards, and reviewing appeals for reclassification; provided further, that upon certification of any open competitive list for a public safety position in a city or town, the personnel administrator shall cause to be published in a newspaper of general circulation in a city or town, public notice that such eligible list has been certified along with the notice of the last date to respond to the notice of circulation; provided Chap. 151 further, that not less than four hundred eleven thousand one hundred twenty-one dollars shall be expended for the civil service commission; provided further, that not less than four hundred and forty thousand five hundred and thirty-nine dollars shall be expended for the office of employee relations; provided further, that the secretary of administration and finance shall file with the house and senate committees on ways and means the amounts of any and all economic benefits necessary to fund any incremental cost items contained in any and all collective bargaining agreements with the various classified public employees' unions; and provided further, that the nature and scope of economic proposals contained in said agreements shall include all fixed percentage or dollar based salary adjustments, non-base payments or other forms of compensation, and all supplemental fringe benefits resulting in any incremental costs...............$4,632,318 1750-0102 The division of human resources is hereby authorized to expend revenues up to a maximum of one million two hundred thirty thousand dollars from fees charged as provided herein, for the administration of the civil service examination program by the department and the costs of goods and services rendered in administering training programs; provided, that the division is authorized to collect an administrative fee from vendors at the time they submit proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services; provided further, that any vendor which fails to deliver the appropriate administrative fee with its submission shall be deemed nonresponsive and its proposal shall not be considered for contract award; provided further, that the department shall charge any costs incurred in training participants enrolled in programs sponsored by the department; and provided further, that the department is authorized to collect from participating non-state agencies, political subdivisions, and individuals a fee sufficient to cover costs of the commonwealth's performance recognition programs and expend such fees for goods and services rendered in the administration of these programs, including the costs of personnel ..........$1,230,000 Chap. 151 1750-0300 For the purposes of the commonwealth's contributions in fiscal year nineteen hundred and ninety-seven to health and welfare funds established pursuant to certain collective bargaining agreements; provided, that said contributions shall be calculated as provided in the applicable collective bargaining agreement, and shall be paid to such health and welfare trust funds on a monthly basis, or on such other basis as the applicable collective bargaining agreement provides.........................................$14,551,759 Division of Operational Services. 1775-0100 For the administration of the division, including the department of procurement and general services, the bureau of state office buildings, and the George Fingold library; provided, that the commissioner of administration shall ensure that adequate resources are provided from this item for the maintenance of the government center medical unit at the same level as in fiscal year nineteen hundred ninety-six; provided further, that not less than one million one hundred thirty thousand three hundred eighty-eight dollars shall be expended for the administration of the George Fingold library; provided further, that said library shall maintain regular hours of operation from nine a.m. to five p.m.; provided further, that not less than twenty-five thousand dollars shall be obligated for the purposes of converting the card catalogue to a machine readable format; provided further, that said library shall continue the implementation program necessary in order to secure access to the wide area network; provided further, that not less than fifty thousand dollars shall be made available for the restoration and preservation of the historic flags displayed in the state house hall of flags; provided further, that not less than ninety thousand dollars shall be made available for the Massachusetts art commission; provided further, that notwithstanding the provisions of section nineteen of chapter six of the General Laws, the chairman of said commission shall serve for the duration of the project as executive director of this project and shall be compensated therefor from funds appropriated in this item; provided further, that an amount not to exceed four hundred thirty-five thousand eighty-one dollars shall be obligated for payment to the city of Northampton to ac- Chap. 151 commodate costs associated with the presence of the Clarke school, so-called; and provided further, that the city of Northampton is hereby authorized to file with the house and senate committees on ways and means a report, together with recommendations for legislation, concerning its negotiations with the Clarke school for a program of payments in lieu of taxes or other compensation to be paid by the school to the city for education costs incurred by the city on behalf of the school..........................$21,572,732 1775-0600 The division of operational services is hereby authorized to expend revenues collected up to a maximum of one hundred thirty-five thousand dollars from the sale of state surplus personal property, including the payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of operational services may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel...................$135,000 1775-0700 The division of operational services is hereby authorized to expend revenues collected up to a maximum of one hundred thirty thousand dollars, in addition to the amount authorized in item 1775-1000 of section two B, for printing, photocopying, related graphic art or design work, and other reprographic goods and services provided to the general public, including all necessary incidental expenses......$130,000 1775-0900 Pursuant to chapter four hundred forty-nine of the acts of nineteen hundred eighty-four and section four L of chapter seven of the General Laws, the division of operational services is hereby authorized to expend revenues collected up to a maximum of one hundred ninety-five thousand five hundred seventy-eight dollars from the sale of federal surplus property, for the acquisition, warehousing, allocation and distribution of federal surplus property; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of operational services may incur Chap. 151 expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel..........$195,578 1775-1100 The division of operational services is hereby authorized to expend revenues collected up to a maximum of five hundred four thousand seven hundred and seventy-three dollars from the disposal of surplus motor vehicles including, but not limited to, state police vehicles, from vehicle accident and damage claims and from manufacturer warranties, rebates and settlements, for the purchase of motor vehicles; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division of operational services may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system, including the costs of personnel .........................$504,773 Division of Information Technology. 1790-0100 For the administration of the division of information technology; provided, that said division is hereby authorized and directed to schedule expenditures for any software development project or system purchased for which the total budgeted cost will exceed five hundred thousand dollars; provided further, that said division is hereby authorized and directed to continue a chargeback system for its bureau of computer services which complies with the requirements of section two B of this act; provided further, that said division shall continue conducting audits and surveys to identify and realize savings in the acquisition and maintenance of communications lines; provided further, that any revenue or reimbursements generated or received pursuant to this item shall be deposited into the General Fund; provided further, that all state departments and agencies shall participate or assist in such audits and surveys as directed by the commissioner of administration; provided further, that for the purpose of conducting such audits and surveys, the commissioner may enter into agreements with one or more private persons, Chap. 151 companies, associations, or corporations; provided further, that any such agreement shall put forth the manner in which compensation for such services shall be paid, including payment of a portion of, and only on receipt of, reimbursements from providers of communications services and equipment as a result of savings identified pursuant to this item; provided further, that the commissioner shall file an annual status report with the house and senate committees on ways and means by May fifteenth nineteen hundred and ninety-seven with actual and projected savings and expenditures for said audits in the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; and provided further, that the state comptroller shall establish accounts and procedures as he deems appropriate and necessary to assist in accomplishing the purposes of this item................................$7,287,102 1790-0300 The division of information technology is hereby authorized to expend up to a maximum of two million five hundred thousand dollars in revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment..............................$2,500,000 1790-0600 For the operation of the commonwealth's data warehouse; provided, that the secretary of administration and finance shall file a plan of expenditure for the amount appropriated herein, including the costs of personnel and consultants, not later than August first, nineteen hundred and ninety-six ...................................................$500,000 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. Office of the Secretary. 2000-0100 For the office of the secretary, including the water resources commission, the hazardous waste facility site safety council, coastal zone management, the review of environmental impact reports pursuant to chapter thirty of the General Laws, a geographic information system for environmental data in Massachusetts, mosquito-borne disease vector control, and a central data processing center for the secretariat; provided, that not less than two hundred thousand dollars shall be expended on a program of coastal re- Chap. 151 sources monitoring and restoration focusing on all coastal regions of the commonwealth; provided further, that said program shall include technical assistance through the Massachusetts bays program, so-called; provided further, that not less than eighty thousand dollars shall be expended for conservation districts; provided further, the executive office of environmental affairs shall develop a plan to reduce the number of conservation districts from sixteen to eight; provided further, that said plan shall be submitted to house and senate committees on ways and means no later than November first,nineteen hundred ninety-six; provided further, said plan shall not be implemented before it is submitted to the house and senate committees on ways and means; provided further, that the secretary of the executive office of environmental affairs is hereby authorized to enter into interagency agreements with any state agency within the executive office of environmental affairs whereby the agency may render data processing services to said secretary; provided further, that not less than fifty-five thousand dollars shall be expended for printing of the MEPA monitor; and provided further, that the comptroller is hereby authorized to allocate the costs for such data processing services to the several state and other funds to which items of appropriation of such agencies are charged.... $2,369,966 General Fund............................ 60.0% Local Aid Fund .......................... 40.0% 2001 -1001 The secretary of environmental affairs may expend an amount not to exceed two hundred thousand dollars accrued from the rendering of data processing services to state agencies, authorities and units of government within the commonwealth the distribution of digital cartographic and other data, and the review of environmental notification forms pursuant to the Massachusetts environmental policy act. . 2010-0100 For the operation of the Springfield materials recycling facility and for recycling and related purposes consistent with the solid waste master plan including grants under the municipal guaranteed annual tonnage recycling assistance program; provided, that not less than one hundred thousand dollars shall be expended for a public education campaign encouraging participation in existing curbside pick-up recycling programs in the city of Boston....... . . $200,000 $4,179,941 Chap. 151 Clean Environment Fund.................. 100.0% 2020-0100 For toxics use reduction technical assistance and technology, in accordance with the provisions of chapter twenty-one I of the General Laws.................................$1,849,860 Toxics Use Reduction Fund ............... 100.0% 2060-0100 For the purpose of implementing the management plan adopted pursuant to section twelve of chapter one hundred eleven H of the General Laws and for carrying out the powers and duties conferred to the program by said chapter one hundred eleven H; provided, that a report shall be submitted to the house and senate committees on ways and means on or before November first, nineteen hundred and ninety-six detailing expenditures from the prior year; and provided further, that no money shall be expended from this item after November first, nineteen hundred and ninety-six until such report has been filed with the house and senate committees on ways and means.................$500,000 Low Level Radioactive Waste Management Fund....................... 100.0% Federal Appropriations 2000-0140 For the purposes of a federally funded grant entitled, Ecosystem Protection Coastal Zone Management ...........$125,000 2000-0141 For the purposes of a federally funded grant entitled, Coastal Zone Management Development.......................$2,000,000 2000-0148 For the purposes of a federally funded grant entitled, Massachusetts Bay National Estuary Project ...............$350,000 2000-0152 For the purposes of a federally funded grant entitled, Pollution Prevention Technical Assistance to Publicly-Owned Treatment Works ...............................$13,179 2000-0157 For the purposes of a federally funded grant entitled, Pollution Prevention Incentives for States ..................$29,800 2000-0158 For the purposes of a federally funded grant entitled, Chemical Use Reduction for Improved Air Quality in Schools .............................................$40,000 2000-9704 For the purposes of a federally funded grant entitled, Pollution Prevention Merrimack River System................$7,222 Chap. 151 2000-9707 For the purposes of a federally funded grant entitled, Reducing Discharges from Businesses and Homes.............$9,730 2000-9735 For the purposes of a federally funded grant entitled, Buzzards Bay Project Assistance Agreement...............$200,000 2000-9736 For the purposes of a federally funded grant entitled, Buzzards Bay Project Management Plan...................$320,000 2000-9737 For the purposes of a federally funded grant entitled, Buzzards Bay Project Wetlands Protection..................$34,000 2000-9738 For the purposes of a federally funded grant entitled, Buzzards Bay Project Environmental Technology Agreement......$459,000 2000-9760 For the purposes of a federally funded grant entitled, Inventory of Navy Shipwrecks ...........................$18,000 2030-9701 For the purposes of a federally funded grant entitled, Outdoor Recreation Projects ...................................$795,000 Department of Environmental Management. State Appropriations 2100-0005 For the department of environmental management pursuant to the purposes of sections ten and one-half A of chapter ninety-one of the General Laws; provided, that sixty thousand dollars shall be expended for the Martha's Vineyard commission; provided further, that one hundred thousand dollars be expended for the dredging of Pillings pond in the town of Lynnfield; and provided further, that one hundred thousand dollars be expended for the dredging of Gleason and Norton ponds in the town of Framingham.......................................$2,908,029 Harbors and Inland Water Maintenance Fund . . 100.0% 2100-1000 For the administration of the department; provided, that the department shall conduct a study and report, including the engineering feasibility and design, for the siting of the ferry terminal in New Bedford harbor as authorized in section two of chapter one hundred and ninety-six of the acts of nineteen hundred and ninety-three, such final report, containing a recommended site for the terminal, to be made to the joint committee on natural resources, the commissioner of administration and the house and senate committees on ways and means no later than March first, Chap. 151 nineteen hundred and ninety-seven.....................$2,158,941 Local Aid Fund ......................... 100.0% 2100-2002 The department is hereby authorized to expend seventy-five thousand dollars from revenues received from interstate fire fighting services authorized under section forty-four of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one; provided, that the department may expend from this item an amount equal to the costs of overtime and shift hours worked by employees of the department and the metropolitan district commission from reimbursements collected from the federal government for the costs of interstate fire fighting; provided further, that the department shall allocate such amounts to the metropolitan district commission for such purposes; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, said department and commission may incur expenses and the comptroller may certify for payment amounts the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ..............................................$75,000 2100-2030 For the recreational and resource conservation operations of the department; provided, that funds appropriated herein shall be used to operate all of the department's parks, heritage state parks, reservations, campgrounds, beaches, and pools, and for the oversight of rinks; provided further, that funds appropriated herein shall be used to protect and manage the department's lands and natural resources including the forest and parks conservation services and the bureau of forestry developments; provided further, that thirty-five thousand dollars shall be expended for a supervisor at Lake Whitehall in Hopkinton; provided further, that funds shall be expended for a study of how to prevent further eutrophication of Snake Brook in the town of Natick; provided further, that not less than fifteen thousand dollars shall be expended on the preparation and distribution of campground directories; provided further, that no funds from this item shall be made available for payment to true seasonal employees, so-called; provided further, that the department of environmental management shall enter into an intragovernmental service agreement Chap. 151 with the department of fisheries, wildlife, and environmental law enforcement for not more than forty thousand dollars for the placement of floats, so-called, in the Merrimack river in the town of Newburyport; provided further, that not less than one hundred twenty-five thousand dollars shall be obligated for the Schooner Ernestina commission; provided further, that said commission shall submit a management plan to the house and senate committees on ways and means; provided further, that said plan shall be submitted no later than April first nineteen hundred and ninety-seven; and, provided further, that not less than twenty-seven thousand five hundred dollars shall be expended for necessary surveys and acquisition of the Adams property off Bay road in the town of Belchertown for a railtrail in said town ...........................$17,779,813 2100-2040 For additional expenses, upkeep, and improvements to the department of environmental management's parks and recreation system, including an internship program for students at the university of Massachusetts Stockbridge school of forestry or other academic institutions providing similar training and education programs in forestry, recreation, natural resources, watershed management, or fire science; provided, that not less than fifty thousand dollars shall be expended for a tourist information center at Fall River Heritage state park.............................$2,500,000 Second Century Fund .................... 100.0% 2100-3010 For the summer and fall hires of the department, including hires for the fire control unit; provided that the same number of lifeguards shall be assigned to Salisbury beach in nineteen hundred and ninety-seven as were assigned to said beach in nineteen hundred and ninety-six; provided further, that no funds shall be expended from this item for year-round season employees, so-called; provided further, that notwithstanding the provisions of any general or special law or collective bargaining contract to the contrary, seasonal employees funded herein shall not be considered employees as defined in and for the purposes of chapter one hundred and fifty E of the General Laws or as defined in any collective bargaining agreement; and provided further, that nothing in this item shall prevent true seasonals, so-called, from receiving health insurance Chap. 151 pursuant to section six hundred and sixty-two of this act .... $3,299,908 Local Aid Fund .......................... 90.0% Highway Fund........................... 10.0% 2100-3011 For the winter and spring seasonal hires of the department, including hires for the fire control unit; provided, that no funds shall be expended from this item for year-round seasonal employees, so-called; and provided further, that notwithstanding the provisions of any general or special law or collective bargaining contract to the contrary, seasonal employees funded herein shall not be considered employees as defined in and for the purposes of chapter one hundred and fifty E of the General Laws or as defined in any collective bargaining agreement; and provided further, that nothing in this item shall prevent true seasonals, so-called, from receiving health insurance pursuant to section six hundred and sixty-two of this act .... $1,217,699 Local Aid Fund.......................... 90.0% Highway Fund........................... 10.0% Federal Appropriations 2120-9701 For the purposes of a federally funded grant entitled, Rural Community Fire Protection..............................$20,000 2120-9702 For the purposes of a federally funded grant entitled, USD A Forest Service, Rural Community Fire Protection ............$50,000 2120-9707 For the purposes of a federally funded grant entitled, Urban and Community Forestry ..............................$200,000 2120-9708 For the purposes of a federally funded grant entitled, Improved Wood Utilization..............................$30,000 2121-9705 For the purposes of a federally funded grant entitled, USFS Shade Tree and Health.................................$450,000 2121 -9709 For the purposes of a federally funded grant entitled, Forestry Planning............................................$200,000 2121-9710 For the purposes of a federally funded grant entitled, Rural Fire Protection - Training and Excess Property...............$50,020 2121-9711 For the purposes of a federally funded grant entitled, USFS Rural Fire Prevention .................................$150,000 2121-9712 For the purposes of a federally funded grant entitled, Forest Health Research.......................................$25,000 Chap. 151 2121-9714 For the purposes of a federally funded grant entitled, Resource Conservation and Development...................$18,000 2121-9716 For the purposes of a federally funded grant entitled, Agriculture Conservation Program........................$16,500 2121-9718 For the purposes of a federally funded grant entitled, Forestry Incentives Program .....................................$6,700 2121 -9723 For the purposes of a federally funded grant entitled, Hazard Mitigation Local Planning Workbook......................$10,000 2121-9750 For the purposes of a federally funded grant entitled, Insect Disease Control-Gypsy Moth Suppression..................$35,000 2130-9705 For the purposes of a federally funded grant entitled, SUASCO Watershed Flood Control Reservoir...............$38,000 2140-9709 For the purposes of a federally funded grant entitled, WBNERR Operation and Management ...................$140,000 2140-9710 For the purposes of a federally funded grant entitled, WBNERR exhibits and renovations......................$220,000 2140-9712 For the purposes of a federally funded grant entitled, Waquoit Bay Environmental Technology ..........................$30,000 Department of Environmental Protection. State Appropriations 2200-0100 For the administration of the department, including the division of water pollution control, the division of water supply, the division of solid waste, the division of hazardous waste, the division of wetlands and waterways, the division of air quality control, the Lawrence experimental station, and a contract with the university of Massachusetts for environmental research, notwithstanding the provisions of section three hundred twenty-three F of chapter ninety-four of the General Laws; provided, that the provisions of section three B of chapter seven of the General Laws shall not apply to fees established pursuant to section eighteen of chapter twenty-one A of the General Laws; provided further, that enactment of the appropriations made available by this act to the department shall be deemed a determination, pursuant to subsection (m) of section eighteen of chapter twenty-one A of the General Laws; provided further, that said appropriations for ordinary maintenance Chap. 151 of said department from state funds other than the environmental challenge fund and the environmental permitting and compliance assurance fund are comparable to the baseline figure, as defined in said subsection, based on inflation, the department's demonstrated program improvements and efficiencies in areas other than those supported by fees and added or reduced programmatic responsibilities of the department; provided further, that not more than two million five hundred fifty-nine thousand five hundred and fifteen dollars may be expended for rent and energy costs from this item; provided further, that not more than five hundred thirty- five thousand dollars shall be expended for technical assistance to communities to comply with provisions of Title V; provided further, that not less than two hundred fifty thousand dollars shall be allocated to the Massachusetts military reservation environmental technology center, so-called, pursuant to section two hundred fifty-two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; and provided further, that the department shall submit a report to the house and senate committees on ways and means on or before October first, nineteen hundred and ninety-six detailing the number of full-time equivalent positions assigned to environmental permitting functions and the number of full-time equivalent positions assigned to compliance inspections and environmental enforcement activities.........................................$25,958,033 General Fund............................ 54.0% Environmental Permitting and Compliance Fund ........................ 31.0% Clean Environment Fund................... 15.0% 2210-0100 For the implementation and administration of chapter twenty-one I of the General Laws; provided, that the department shall submit a report to the house and senate committees on ways and means on or before October first, nineteen hundred ninety-six detailing the status of the department's progress in meeting the statutory and regulatory deadlines associated with chapter twenty-one I and detailing the number of full-time equivalent positions assigned to various implementation requirements of said chapter twenty-one I; and provided further, that not less than seventy-sev- Chap. 151 en thousand three hundred and twenty-three dollars shall be expended for rent and energy costs from this item.......$1,009,427 Toxic Use Reduction Fund ................ 100.0% 2220-2205 For the administration and implementation of the federal Clean Air Act, including the operating permit program, so-called..........................................$1,480,140 Clean Air Act Compliance Fund............ 100.0% 2220-2207 For the administration and implementation of the federal Clean Air Act, including the emissions banking program, so-called.............................................$75,526 Clean Air Act Compliance Fund............ 100.0% 2220-2208 For the administration and implementation of the federal Clean Air Act, including the auto related state implementation program, so-called.......................$465,836 Clean Air Act Compliance Fund............ 100.0% 2220-2209 For the administration and implementation of the federal Clean Air Act, including the low emission vehicle program, so-called.....................................$57,635 Clean Air Act Compliance Fund............ 100.0% 2220-2210 For the administration and implementation of the federal Clean Air Act, including the non-auto related state implementation program, so-called.......................$178,609 Clean Air Act Compliance Fund............ 100.0% 2250-2000 For the purposes of state implementation of the federal Safe Drinking Water Act pursuant to section eighteen A of chapter twenty-one A of the General Laws; provided, that not less than one hundred twenty-eight thousand four hundred and forty-four dollars shall be expended for rent and energy costs from this item........................$1,325,668 Safe Drinking Water Act Fund ............. 100.0% 2260-8870 For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding the provisions of section three hundred twenty-three F of chapter ninety-four of the General Laws and section two K of chapter twenty-nine of the General Laws and section four of chapter twenty-one J of the General Laws; provided, that not more than ten thousand dollars shall be Chap. 151 expended for the start up, staffing, grant application drafting and technical assistance in support of the establishment of a non-profit research center for the development of innovative technologies, hazardous waste remediation and ecosystem recovery associated with the Superfund cleanup of the New Bedford Harbor, such monies to be matched with any available private or federal grants and assistance; provided further, that the department shall submit a report to the house and senate committees on ways and means on or before October first, nineteen hundred and ninety-six detailing the number of full-time equivalent positions assigned to tier IA, tier IB, tier IC and tier II projects; and provided further, that not less than forty thousand dollars be expended for the cleanup of the oil contamination of the pond at the Mindness middle school in the town of Ashland........................$14,951,670 Clean Environment Fund.................. 43.74% Environmental Challenge Fund.............. 35.0% General Fund............................ 8.55% Local Aid Fund .......................... 8.55% Underground Storage Tank Petroleum Product Cleanup Fund............ 4.16% 2260-8881 For the administration and operations of the board of registration of hazardous waste site cleanup professionals, notwithstanding the provisions of section nineteen A of chapter twenty-one A of the General Laws; provided, that not less than forty thousand dollars shall be expended for rent and energy costs from this item ......................$355,016 Environmental Challenge Fund ............ 100.0% Federal Appropriations 2200-9704 For the purposes of a federally funded grant entitled, Solid Waste Disposal-Conservation and Recovery .............$1,200,000 2200-9705 For the purposes of a federally funded grant entitled, Underground Water Source Protection Program..............$81,336 2200-9706 For the purposes of a federally funded grant entitled, Water Quality Management Planning ..........................$570,254 2200-9709 For the purposes of a federally funded grant entitled, Massachusetts Multi-Site Cooperative Agreement...........$700,000 Chap. 151 2200-9712 For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking Underground Storage Tank Program .......................................$800,000 2200-9715 For the purposes of a federally funded grant entitled, Core Cooperative Agreement CERCLA Implementation Support ............................................$200,000 2200-9717 For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration.............................$1,500,000 2200-9721 For the purposes of a federally funded grant entitled, Charles George Landfill - Operable Unit III Operations and Maintenance .........................................$45,125 2200-9722 For the purposes of a federally funded grant entitled, Baird and McGuire........................................$437,930 2200-9723 For the purposes of a federally funded grant entitled, Federal/ State Waste Removal and Site Assessment Programs ........$425,037 2200-9724 For the purposes of a federally funded grant entitled, Superfund Bock Fund Cooperative Agreement..............$900,000 2240-9707 For the purposes of a federally funded grant entitled, 1991 Water Pollution Control Program......................$1,834,303 2240-9709 For the purposes of a federally funded grant entitled, Clean Lakes Program.......................................$163,041 2240-9710 For the purposes of a federally funded grant entitled, State Management Assistance Grant .........................$639,807 2240-9716 For the purposes of a federally funded grant entitled, Non-Point Source Pollution Implementation .......$14,225 2240-9717 For the purposes of a federally funded grant entitled, Non-Point Source Pollution (319h-l)......................$11,336 2240-9718 For the purposes of a federally funded grant entitled, Nyanza Chemical Waste Dump Site Operable Unit One..............$62,088 2240-9719 For the purposes of a federally funded grant entitled, Lake Water Quality Assessment ..............................$20,301 2240-9721 For the purposes of a federally funded grant entitled, Water Quality/NPDES Implementation..........................$34,228 2240-9722 For the purposes of a federally funded grant entitled, Non Point Source Management Plan (319h-2).....................$826 Chap. 151 2240-9723 For the purposes of a federally funded grant entitled, Non-Point Source Implementation ...........................$122,153 2240-9725 For the purposes of a federally funded grant entitled, Non-Point Source Management Plan (319H-3)...................$29,080 2240-9726 For the purposes of a federally funded grant entitled, Non-Point Source Pollution (319h FY94)......................$184,370 2240-9727 For the purposes of a federally funded grant entitled, Non-Point Source Pollution (319h)...........................$496,440 2240-9728 For the purposes of a federally funded grant entitled, Non-Point Source Pollution Management Plan (319h-7) ..........$650,000 2240-9732 For the purposes of a federally funded grant entitled, Wetland Protection State Development Grant.......................$13,331 2240-9733 For the purposes of a federally funded grant entitled, Public Outreach (104b-3)......................................$5,700 2240-9734 For the purposes of a federally funded grant entitled, Wetland Criteria/Cumulative (104b-3) .............................$2,700 2240-9735 For the purposes of a federally funded grant entitled, Blackstone Sewer/Storm-water Combined.................$124,238 2240-9736 For the purposes of a federally funded grant entitled, Clean Water Strategy/NPDES (104B(3)) .......................$108,390 2240-9737 For the purposes of a federally funded grant entitled, 401 Regulation Development (104b-3) .........................$2,300 2240-9739 For the purposes of a federally funded grant entitled, Wetlands Protection State Development Grant - Circuit Rider Approach........................................$3,319 2240-9740 For the purposes of a federally funded grant entitled, NPDES Related State Program Costs (104b-3) 94 Funds ............$306,961 2240-9742 For the purposes of a federally funded grant entitled, Wetlands Protection - Circuit Rider 2.......................$1,500 2240-9743 For the purposes of a federally funded grant entitled, Wetlands Delineation Methods...........................$83,050 2240-9744 For the purposes of a federally funded grant entitled, Water Resource Protection Strategy (104b-3)....................$384,000 2240-9745 For the purposes of a federally funded grant entitled, Buffer Zone (104b-3) ........................................$27,500 Chap. 151 2240-9746 For the purposes of a federally funded grant entitled, BVW Delineation Training Video (104b-3) ......................$28,500 2240-9747 For the purposes of a federally funded grant entitled, Docks and Piers (104b-3).....................................$40,000 2240-9748 For the purposes of a federally funded grant entitled, 401 Permits (104b-3) ......................................$26,000 2240-9749 For the purposes of a federally funded grant entitled, Water Quality Cooperative Grants (104b-3) .....................$195,000 2250-9701 For the purposes of a federally funded grant entitled, Public Water Supply Supervision Program ......................$855,000 2250-9708 For the purposes of a federally funded grant entitled, Demonstration Grant for Compliance Assurance..........$1,300,000 2250-9709 For the purposes of a federally funded grant entitled, Environmental Technology Initiative .....................$280,000 2250-9710 For the purposes of a federally funded grant entitled, Statewide Air Pollution Control Program................$4,600,000 Department of Fisheries, Wildlife, and Environmental Law Enforcement. State Appropriations 2300-0100 For the office of the commissioner .........................$525,569 General Fund............................ 62.5% Environmental Law Enforcement Fund ....... 12.5% Marine Fisheries Fund..................... 12.5% Public Access Fund....................... 12.5% 2300-0101 For a program of riverways protection, restoration, and promotion of public access to rivers; provided, that the positions funded herein shall not be subject to the provisions of chapter thirty-one of the General Laws.........$215,922 Public Access Fund...................... 100.0% Federal funds received as reimbursements for expenditures from the following items shall be credited as income to the Inland Fisheries and Game Fund. 2310-0200 For the administration of the division of fisheries and wildlife, including expenses of the fisheries and wildlife board, the administration of game farms and wildlife restoration projects, for wildlife research and management, the administration offish hatcheries, the improvement and manage- Chap. 151 ment of lakes, ponds and rivers, for fish and wildlife rest oration projects, the commonwealth's share of certain cooperative fishery and wildlife programs, and for certain programs reimbursable under the federal aid to fish and wildlife restoration act; provided further, that an amount shall be used by the university of Massachusetts at Amherst for the purposes of wildlife and fisheries research; provided further, that the university of Massachusetts at Amherst shall receive no more than the amount received in fiscal year nineteen hundred and ninety-six for said research; provided further, that expenditures for such programs shall be contingent upon prior approval of proper federal authorities for reimbursement of at least seventy-five percent of the amount expended; provided further, that not more than two hundred thousand dollars of the sum appropriated herein may be obligated for a program of acid rain monitoring; and provided further, that not less than one hundred forty-four thousand seven hundred and fifty dollars shall be expended for the costs associated with a management program of aquatic non-native plants in the Charles River Lakes District, including treatment and monitoring ........$6,596,754 Inland Fisheries and Game Fund............ 100.0% 2310-0316 For the purchase of land containing wildlife habitat and for the costs of the division of fisheries and wildlife directly related to the administration of the wildlands stamp program pursuant to sections two and two A of chapter one hundred thirty-one of the General Laws .................$2,000,000 Inland Fisheries and Game Fund............ 100.0% 2310-0317 For the waterfowl management program pursuant to section eleven of chapter one hundred thirty-one of the General Laws ...............................................$85,000 Inland Fisheries and Game Fund............ 100.0% 2310-0500 For the expenses of a state funded program for natural heritage and environmental assessment....................$201,939 Inland Fisheries and Game Fund............. 50.0% Natural Heritage and Endangered Species Fund . 50.0% 2315-0100 For the administration of a program of non-game management and research.........................................$422,955 Chap. 151 General Fund............................ 75.0% Natural Heritage and Endangered Species Fund . 25.0% 2320-0100 For the administration of the public access board; provided, that positions funded herein shall not be subject to the provisions of chapter thirty-one of the General Laws.........$234,101 Public Access Fund...................... 100.0% 2320-0200 For the maintenance, operation, acquisition, and improvement of public access land and water areas, as authorized by section seventeen A of chapter twenty-one of the General Laws ..............................................$600,000 Public Access Fund...................... 100.0% 2330-0100 For the administration and operation of the division of marine fisheries, including expenses of the Cat Cove marine research laboratory, marine research programs, a commercial fisheries program, a shellfish management program including coastal area classification, mapping, and technical assistance, and for the operation of the Newburyport shellfish purification plant and shellfish classification program; provided, that three hundred thousand dollars shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that the Newburyport shellfish purification plant shall generate not less than one hundred fifteen thousand dollars from purification fees; provided further, that not less than one hundred thousand dollars be expended for the joint operation of a shellfish propagation program on Cape Cod between the division and the Cape Cod economic development council; provided further, that the division shall conduct a study on the feasibility and cost of the vessel buy-back program in the commercial fishing industry; and provided further, that not less than thirty-five thousand dollars be expended to hire a recreational manager................................$3,689,866 Marine Fisheries Fund.................... 100.0% 2330-0120 For the division of marine fisheries of the department of fisheries, wildlife, and environmental law enforcement for a program of enhancement and development of marine recreational fishing and related programs and activities, including the cost of equipment maintenance, staff, and the Chap. 151 maintenance and updating of data; provided, that one hundred thousand dollars shall be used for a working capital loan program for displaced fishermen; and provided further, that the division of marine fisheries shall seek federal reimbursement for said working capital loan program............................................$797,057 Marine Fisheries Fund.................... 100.0% 2350-0100 For the administration and operations of the division of environmental law enforcement; provided, that collective bargaining costs for fiscal year nineteen hundred and ninety-seven are included in this item; provided, that each county in the commonwealth shall be assigned at least one full time environmental officer; provided further, that additional officers shall be assigned to the boat theft task force; provided further, that the division shall submit a report detailing revenues collected and anticipated by said task force to the house and senate committees on ways and means; provided further, that said report shall be submitted no later than May first nineteen hundred and ninety-seven; provided further, that officers shall be assigned to vacant patrol districts and shall provide monitoring pursuant to the national shellfish sanitation program; provided further, that not more than twenty thousand dollars shall be expended on the continued expansion of the communications network to join a statewide communications system with the executive office of public safety .... $8,184,820 Environmental Law Enforcement Fund ....... 50.0% Inland Fisheries and Game Fund............. 15.0% Highway Fund........................... 15.0% General Fund............................ 20.0% 2350-0101 For the hunter safety training program.......................$260,580 Inland Fisheries and Game Fund............ 100.0% 2350-0104 For environmental police private details, so-called; provided, that the division is hereby authorized to expend revenues collected up to two hundred fifty thousand dollars from fees charged for private details ..........................$250,000 Environmental Law Enforcement Fund ...... 100.0% Chap. 151 Federal Appropriations 2300-9885 For the purposes of a federally funded grant entitled, SUASCO Scenic River.................................$13,600 2300-9887 For the purposes of a federally funded grant entitled, Assabet II Data Development....................................$4,100 2300-9888 For the purposes of a federally funded grant entitled, Urban Rivers Action Program .................................$20,000 2315-9703 For the purposes of a federally funded grant entitled, Protection of Flood Plain Forests and Significant Wetlands..........$25,754 2315-9704 For the purposes of a federally funded grant entitled, Piping Plover Project ........................................$77,653 2315-9705 For the purposes of a federally funded grant entitled, Vernal Pools Project .........................................$32,835 2315-9706 For the purposes of a federally funded grant entitled, River-lines Project..........................................$25,000 2315-9707 For the purposes of a federally funded grant entitled, Coastal Ponds and Peat Lands Projects ...........................$60,000 2330-9222 For the purpose of a federally funded grant entitled, Clean Vessel Act, for vessel pumpout equipment, education, planning and administration ..........................$ 1,600,000 2330-9714 For the purposes of a federally funded grant entitled, Commercial Fisheries Extension..............................$50,000 2330-9709 For the purposes of a federally funded grant entitled, Commercial Fisheries Research ..............................$50,000 2330-9712 For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics .............................$406,000 2330-9721 For the purposes of a federally funded grant entitled, Anadromous Fisheries Management......................$160,000 2340-9701 For the purposes of a federally funded grant entitled, Safe Boating Program .....................................$460,000 Metropolitan District Commission. State Appropriations 2410-1000 For the administration of the commission; provided, that the commission shall enter into an interagency agreement with Chap. 151 the department of state police to provide police coverage on commission properties and parkways; provided further, that said department shall reimburse the commission for costs incurred by the commission including, but not limited to, maintenance and repairs to the department's vehicles, the operation of buildings in which said department resides, and other related costs; provided further, that notwithstanding the provisions of section three B of chapter seven of the General Laws the commission is hereby authorized and directed to establish or renegotiate fees, licenses, permits, rents and leases, and to adjust or develop other revenue sources to fund the maintenance, operation, and administration of the commission; provided further, that an annual report shall be submitted to the house and senate committees on ways and means regarding fee adjustments no later than February fourteenth, nineteen hundred and ninety-seven; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for the leasing or maintenance of vehicles to the department of procurement and general services; provided further, that no funds shall be expended for personnel overtime costs; and provided further, that an amount not to exceed seventy-five thousand dollars shall be expended to provide community policing patrols along the southwest corridor, so-called..........................................$1,279,666 Local Aid Fund .......................... 75.0% Highway Fund........................... 25.0% 2410-1001 The commission is hereby authorized to expend one hundred thousand dollars for the operation and maintenance of the commission's telecommunications system from revenues received from the Massachusetts water resources authority, the Massachusetts convention center authority, the department of highways central artery/third harbor tunnel project, so-called, the department of state police, and quasi-public and private entities through a system of user fees and other charges established by the commissioner; provided, that nothing in this section shall impair or diminish the rights of access and utilization of all current Chap. 151 users of the system pursuant to agreements which have been entered into with the commission; and provided further, that this item may be reimbursed by political subdivisions of the commonwealth and private entities for direct and indirect costs expended by the commission to maintain said telecommunications system .................$100,000 2420-1400 For the watershed management program to operate and maintain reservoirs, watershed lands, and related infrastructure of the commission; provided, that expenses incurred in other commission programs to assist the watershed management program may be charged to this item; provided further, that no water shall be diverted from the Connecticut river by the metropolitan district commission or the Massachusetts water resources authority; provided further, that five hundred thousand dollars shall be paid to the town of Clinton, pursuant to section eight of chapter three hundred and seven of the acts of nineteen hundred and eighty-seven, to compensate for the use of certain land; provided further, that the amount of said payment shall not be included in the amount of the annual determination of fiscal year charges to the Massachusetts water resources authority assessed to said authority under section one hundred and thirteen of chapter ninety-two of the General Laws; provided further, that no less than four hundred thousand dollars shall be expended for the design of sewer system elements required to abate water pollution and public health threats within the Wachusett reservoir watershed in the Pinecroft-Drury Hill areas of the towns of Holden and West Boylston and the Shrewsbury street industrial park area in the town of West Boylston in accordance with the recommendations of a wastewater facilities plan developed for the metropolitan district commission and the towns of Holden and West Boylston, and for reimbursement to the town of West Boylston for costs incurred in designing the sewer system to the Shrewsbury street industrial park area; and provided further, that a work crew shall be made available at the Sudbury reservoir for maintenance of said reservoir .................$11,053,529 Watershed Management Fund.............. 95.48% Local Aid Fund .......................... 4.52% Chap. 151 2440-0010 For the administration, operation and maintenance of the metropolitan district commission parks and recreation division, for the maintenance, operation, and related costs of the parkways, boulevards, roadways, bridges and related appurtenances under the care, custody, and control of the commission, for the flood control activities of said commission, and for the purchase of all necessary supplies and related equipment; provided, that no funding shall be made available from this. item for true seasonal employees, so-called; provided further, that not less than thirty-seven thousand four hundred and eighty-two dollars shall be expended for additional personnel in the Fells Reservation; provided further, that not less than fifty thousand dollars shall be expended for maintenance and repairs to Pine Banks Park; provided further, that not less than eight hundred forty-two thousand nine hundred and ninety-four dollars shall be expended for expenses of the State House Park Rangers, including the cost of personnel; provided further, that fifty thousand dollars shall be expended for repairs and maintenance of Dooley Park; provided further, that not more than ten million dollars may be expended from the funds appropriated herein until repairs to Dooley Park are completed; provided further, that not less than one hundred twenty-five thousand dollars shall be expended for a one time payment to the town of Arlington for repairs, renovation, and other work at the veterans memorial center; and provided further, that notwithstanding the provisions of any general or special law to contrary, all offices and positions shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws...........................$24,588,509 Highway Fund.............................60% Local Aid Fund............................40% 2440-0045 For payment to the city of Boston for maintenance and operation of the James Michael Curley recreation center ..........$286,232 Local Aid Fund ......................... 100.0% 2440-1202 For the civilianization of crossing guards located at metropolitan district commission intersections where state police personnel previously performed such duties................$220,000 Chap. 151 2440-2000 For the expenses of snow and ice control on the metropolitan district commission parkways, including the costs of personnel...........................................$569,796 Highway Fund.......................... 100.0% 2440-3000 For the extended rink season, including the costs of personnel......$498,750 Local Aid Fund ......................... 100.0% 2440-3001 The metropolitan district commission is authorized and directed to expend an amount not to exceed two hundred fifty-nine thousand four hundred and forty-eight dollars from skating rink fees and rentals for the operation and maintenance, including personnel costs of four rinks between September first, nineteen hundred and ninety-six and April thirtieth, nineteen hundred and ninety-seven as a pilot expanded and extended rink season.................$259,448 2440-4000 For the operation of the Ponkapoag golf course including maintenance, equipment, and capital improvements pursuant to section two U of chapter twenty-nine of the General Laws........................................$700,000 Ponkapoag Recreational Fund.............. 100.0% 2440-4500 For the maintenance and operating expenses of the Leo J. Martin golf course, including the costs of year round and true seasonal employees, so-called, pursuant to section two Y of chapter twenty-nine of the General Laws, inserted by section eighty-three of chapter one hundred and ten of the acts of nineteen hundred and ninety-three ......$450,000 Leo J. Martin Recreational Fund............100.0% 2440-5000 For the summer and fall seasonal hires of the commission; provided, that no funds appropriated herein shall be used for year-round seasonals, so-called; and provided further, that notwithstanding the provisions of any general or special law or collective bargaining contract to the contrary, seasonal employees funded herein shall not be considered employees as defined in and for the purposes of chapter one hundred and fifty E of the General Laws or as defined in any collective bargaining agreement ...........$2,428,863 Highway Fund........................... 60.0% Local Aid Fund .......................... 40.0% Chap. 151 2440-6000 For the winter and spring seasonal hires of the commission; provided, that no funds appropriated herein shall be used for year-round seasonals, so-called; and provided further, that notwithstanding the provisions of any general or special law or collective bargaining contract to the contrary, seasonal employees funded herein shall not be considered employees as defined in and for the purposes of chapter one hundred and fifty E of the General Laws or as defined in any collective bargaining agreement .............$530,267 Highway Fund........................... 60.0% Local Aid Fund .......................... 40.0% 2443-2000 For the operation and administration of the commonwealth zoological corporation, pursuant to chapter ninety-two A of the General Laws; provided, that said corporation shall take the necessary steps to increase the amount of private funding available for the operation of the zoos under their custody...........................................$3,000,000 Local Aid Fund ......................... 100.0% 2444-9001 For the construction, reconstruction, and improvement of boulevards, parkways, bridges, and related appurtenances under the care, custody, and control of the commission.......$877,432 Highway Fund.......................... 100.0% 2444-9004 For certain payments for the maintenance and use of the trail-side museum and the Chickatawbut Hill center .............$350,000 Local Aid Fund ......................... 100.0% 2444-9005 For street lighting on metropolitan district commission parkways .........................................$2,400,000 Highway Fund.......................... 100.0% 2460-1000 For the construction division; provided, that notwithstanding the provisions of any general or special law to the contrary, all offices and positions of the division shall be subject to classification under sections forty-five to fifty, inclusive, of chapter thirty of the General Laws; and provided further, that no less than two hundred sixteen thousand dollars shall be expended for the costs associated with the management of aquatic non-native plants in the Charles river lakes district, including treatment and monitoring........................................$2,555,306 Highway Fund........................... 80.0% Chap. 151 Local Aid Fund .......................... 20.0% Department of Food and Agriculture. State Appropriations 2511-0100 For the office of the commissioner, including the expenses of the board of agriculture................................$566,699 2511-0105 For the purchase of supplemental foods for the emergency food assistance program; provided that the funds appropriated herein shall be expended for food to be distributed by the greater Boston food bank as follows: seventy and eight-tenths of one percent to the greater Boston food bank, sixteen and eight-tenths percent to the food bank of western Massachusetts, and twelve and four-tenths percent to the Worcester county food bank........$858,000 2511-2000 For the operation of the division of dairy services..............$452,175 2511-3000 For the operation of the division of regulatory services and animal health, including a program of laboratory services at the university of Massachusetts at Amherst and the expenses of the pesticides board.......................$1,798,389 2511-3002 For the integrated pest management program; provided that not less than two hundred and fifty thousand dollars shall be expended for the purpose of a research grant at the University of Massachusetts ............................$262,000 2511 -4000 For the operation of the division of agricultural development and fairs, including the expenses of the agricultural lands board; provided, that allotment funds for 4-H activities may be expended from this line item; provided further, that not less than two hundred twenty-five thousand dollars be expended for the farmer's market coupon program; provided further, that not less than one hundred and fifty thousand dollars be expended for agricultural fair prizes, including prizes for pie baking; provided further, that not more than one hundred and fifty thousand dollars be expended as a grant to the city of Boston for technical assistance to the Haymarket association, pursuant to the provisions of a composting plan filed jointly by the department and the city of Boston; provided further, that not less than forty thousand dollars shall be expended for Chap. 151 the one time cost of agricultural equipment at the Smith Vocational High School in Northampton; and provided further, that not less than fifty-five thousand dollars shall be expended for the purposes of the mastitis laboratory at the university of Massachusetts at Amherst ..............$1,607,737 2520-0100 For the operation of the state reclamation board................$48,668 Mosquito and Greenhead Fly Control Fund . . . 100.0% 2520-0107 For the purposes of the encephalitis and rabies control program.............................................$50,000 For the expenses of the following mosquito control projects; provided, that persons employed in these projects shall be exempt from the provisions of section twenty- nine A of chapter twenty-nine of the General Laws: 2520-0300 For the Cape Cod mosquito control program..................$950,731 Mosquito and Greenhead Fly Control Fund ... 100.0% 2520-0900 For the Suffolk county mosquito control program..............$ 171,405 Mosquito and Greenhead Fly Control Fund ... 100.0% 2520-1000 For the Central Massachusetts mosquito control program........$667,103 Mosquito and Greenhead Fly Control Fund .. . 100.0% 2520-1100 For the Berkshire county mosquito control program.............$88,206 Mosquito and Greenhead Fly Control Fund ... 100.0% 2520-1200 For the Norfolk county mosquito control program .............$602,694 Mosquito and Greenhead Fly Control Fund ... 100.0% 2520-1300 For the Bristol county mosquito control program ......$521,357 Mosquito and Greenhead Fly Control Fund . . . 100.0% 2520-1400 For the Plymouth county mosquito control program............$623,876 Mosquito and Greenhead Fly Control Fund .. . 100.0% 2520-1500 For the Essex county mosquito control program...............$372,951 Mosquito and Greenhead Fly Control Fund .. 100.0% EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. Office of the Secretary. 4000-0100 For the operation of the executive office, including the health facilities appeals board; provided, that said executive office shall provide technical and administrative assistance Chap. 151 to agencies receiving federal funds; provided further, that the executive office shall monitor the expenditures and completion timetables for systems development projects being undertaken by the department of social services, the division of medical assistance and the department of transitional assistance, and shall ensure that all measures are taken to make said systems compatible with one another for enhanced interagency interaction; provided further, that said office shall report to the house and senate committees on ways and means and the secretary of administration and finance on the progress of the development of said systems and the measures taken to ensure interagency cooperation no later than March first, nineteen hundred and ninety-seven; provided further, that the executive office shall complete a cost benefit analysis, including estimated development and implementation costs of a unified intake and eligibility system for state subsidized day care; provided further, that the executive office shall submit said analysis to the executive office of administration and finance and the house and senate committees on ways and means by April fifteenth, nineteen hundred and ninety-seven; provided further, that the executive office shall develop and implement a plan for the common client identifier, so-called; and provided further, that the executive office shall develop and implement a plan for the establishment of congruent agency boundaries for the purpose of improving interagency communication and service delivery..........$1,805,337 4000-0105 The executive office of health and human services is hereby authorized to expend federal reimbursements generated pursuant to an initiative to restructure the financing and delivery of children's and family services in an amount not to exceed three million dollars; provided, that the expenditure of said reimbursements shall be contingent upon receipt of an Annie E. Casey foundation program implementation grant; provided further, that federal reimbursements so generated shall not be expended unless certified by the secretary of administration and finance to exceed federal reimbursement estimates as appearing in sections Chap. 151 one A and one B of this act; provided further, that no reimbursements attributable to any department of social services expenditures or to any department of youth services Title IV-E expenditures shall be counted in said estimate or credited to this item; provided further, that said secretary may designate agencies within the executive office of health and human services to receive and expend said revenues for services to children and families consistent with the Casey foundation project plan subject to the approval of the secretary and the notification of the house and senate committees on ways and means; provided further, that an agency designated by said secretary may incur expenses and the comptroller shall certify for payments amounts not to exceed the authorization allowed by said secretary; and provided further, that thirty-one thousand seventy dollars shall be expended for the planning of a family service center in the cities of Lawrence and Northampton pursuant to section one hundred and thirty-seven of chapter five of the acts of nineteen hundred and ninety-five ......................$3,000,000 Day Care. State Appropriations 4000-0190 For the administration of day care programs; provided, that not more than four million five hundred seventy-five thousand dollars shall be expended for the operating expenses of the MassJOBS voucher management system .... $5,071,357 4000-0195 For the MassJOBS voucher and contracted day care program; provided, that the MassJOBS day care program shall be available for recipients of benefits provided under the program of transitional aid to families with dependent children and the absent parents of said recipients; provided further, that day care shall be available to participants in the MassJOBS program, and to former participants for up to one year after termination of their transitional aid to families with dependent children benefits due to employment; provided further, that unless otherwise authorized to be expended, any federal reimbursements received for this purpose shall be credited to the General Chap. 151 Fund; provided further, that day care slots shall be distributed geographically in a manner which provides fair and adequate access to day care for all eligible individuals; provided further, that seventy-eight million two hundred ninety-seven thousand four hundred sixty-four dollars shall be expended for MassJOBS voucher day care; provided further, that four million one hundred eighty-six thousand seven hundred eighty-nine dollars shall be expended for MassJOBS contracted day care; provided further, that all day care providers that are part of a public school system shall be required to accept from recipients day care vouchers provided through this appropriation; provided further, that four hundred ninety-five thousand dollars shall be expended by the department of transitional assistance for the provision of one hundred day care slots for children in the transitional aid to families with dependent children program who are in the custody and care of grandparents due to the incapacity or absence of the parents; provided further, that the department is hereby authorized to provide day care benefits to parents currently enrolled in a job training program who are under the age of eighteen and who would qualify for benefits under the provisions of chapter one hundred eighteen of the General Laws but for the deeming of the grandparents' income; and provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item..........$82,979,253 4000-0210 The executive office may expend for purposes of the MassJOBS day care program an amount not to exceed one million six hundred eleven thousand seven hundred eighty-four dollars from the monies received from title IV-A reimbursements; provided, that five hundred fifty thousand dollars shall be expended for voucher day care services for participants in the MassJOBS program and for former participants for up to one year after termination of their transitional aid to families with dependent children Chap. 151 benefits due to employment; provided further, that not more than one million sixty-one thousand seven hundred eighty-four dollars shall be expended for contracted day care services for participants in the MassJOBS program and for former participants for up to one year after termination of their transitional aid to families with dependent children benefits due to employment; provided further, that no funds from this item shall be expended for "extended vouchers," so-called; and provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item .......................$1,611,784 4000-0215 For day care services for the purposes of attending high school to teen parents receiving transitional aid to families with dependent children benefits pursuant to subsection (i) of section one hundred ten of chapter five of the acts of nineteen hundred ninety-five; provided, that teens eligible for year-round full-time day care services shall be participating in school, education, work and training-related activities or a combination thereof, totalling at least thirty hours per week; provided further, that five million eight hundred twelve thousand and twenty-seven dollars be expended for contracted day care services for said teen parents; provided further, that one million two hundred seven thousand six hundred and five dollars be expended for voucher day care services for said teen parents; provided further, that three hundred three thousand seven hundred and ninety dollars be expended on informal child care services for said teen parents; and provided further, that the secretary of health arid human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item.......... $7 ,323,422 4000-0220 For the provision and management of the informal child care program; provided, that not more than two dollars per Chap. 151 child per hour shall be paid for such services; provided further, that not more than eight million two hundred thirty-one thousand six hundred and twenty-eight dollars shall be expended for informal child care services; and provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item...........$8,231,628 4000-0225 For the provision of income-eligible day care slots and vouchers; provided, that forty-two million nine hundred thirty-four thousand three hundred and nine dollars shall be expended for contracted and voucher day care slots for income eligible parents; provided further, that of said funds, nine million five hundred and ninety-eight thousand thirty-six dollars shall be expended for voucher day care services; provided further, that of said funds not less than twenty thousand dollars shall be expended for the purposes of a program of after school safety day care for the children of homeless families in the city of Framingham; provided further, that of said funds not less than one hundred sixteen thousand one hundred three dollars shall be expended for a trial court child care program in Roxbury; provided further, that not less than one hundred ninety-three thousand eight hundred and eighty-three dollars shall be expended for trial court child care programs in West Roxbury, Dorchester, Fall River, Framingham and the Middlesex trial court; provided further, that not less than one hundred thirty-four thousand nine hundred and eighty-three dollars shall be expended for the Springfield trial court day care program from this item or item 4000-0702; provided further, that the secretary of the executive office of health and human services is hereby authorized to transfer not more than ten million dollars to this item from item 4403-2000 to be expended, in addition to the amount appropriated herein, on voucher day care for income-eligible parents; provided further, that said secretary, prior to said transfer, shall file with the executive office of administration and finance and Chap. 151 the house and senate committees on ways and means an estimate of the number of voucher day care slots funded by said transfer, the annualized impact of said transfer and the effects, if any, of cost containment efforts implemented in the administration of income-eligible day care programs; provided further, that no funds shall be transferred from item 4403-2000 if such a transfer would cause a deficiency in said item; provided further, that the executive office of health and human services shall submit an income-eligible cost containment plan to the executive office of administration and finance and the house and senate committees on ways and means no later than August first, nineteen hundred and ninety-six; provided further, that one million nine hundred thousand one hundred and eighty-two dollars shall be expended for contracted day care slots for teen parents and their children; and provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item..........$45,028,374 4000-0228 For day care vouchers for participants in the full employment program established by subsection (i) of section one hundred and ten of chapter five of the acts of nineteen hundred and ninety-five; provided, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item .......................................$500,000 4000-0230 For supportive day care associated with the family stabilization program; provided, that no funds shall be expended for "extended vouchers", so called; and provided further, that the secretary of health and human services shall issue monthly reports to the house and senate committees on ways and means and the secretary of administration and finance detailing expenditures made from this item including, but not limited to, the number and cost of day care slots funded from this item ......................$32,362,255 Chap. 151 Federal Appropriations 4000-0701 For the purposes of a federally funded grant entitled, Cooperative Agreement for Primary Care Services ...........$99,000 4000-0702 For the purposes of a federally funded grant entitled, Child Care Development Block Grant; provided, that six hundred fifty thousand dollars shall be expended through child care resource and referral agencies and other qualified community-based child care training programs for the provision of child care training; provided further, that one million one hundred seventy-six thousand six hundred and sixty-two dollars be expended for the provision of operating support for community-based child care resource and referral programs that provide direct services to parents; provided further, that one hundred twenty-two thousand nine hundred and ten dollars shall be expended for operating expenses of child care resource and referral programs that provide direct services to parents; and provided further, that one hundred ninety thousand dollars shall be expended to provide day care services for children with disabilities in school-aged child care programs.......$13,353,745 4000-0705 For the purposes of a federally funded grant entitled, Emergency Shelter Grants Program ....................$2,139,000 4000-0706 For the purposes of a federally funded grant entitled, Crisis Nursery ............................................$200,000 4000-0707 For the purposes of a federally funded grant entitled, Supportive Housing.................................$5,900,353 4000-0708 For the purposes of a federally funded grant entitled, Head Start...............................................$150,000 4000-9401 For the purposes of a federally funded grant entitled, Community Mental Health Services....................$5,229,900 4000-9402 For the purposes of a federally funded grant entitled, Substance Abuse Prevention and Treatment Block Grant.. . $29,566,735 4003-0804 For the purposes of a federally funded grant entitled, Refugee Targeted Assistance Grant............................$1,602,190 4003-0805 For the purposes of a federally funded grant entitled, Refugee Resettlement Program and Social Services...............$2,726,491 Chap. 151 4003 -0806 For the purposes of a federally funded grant entitled, Refugee Cash Assistance, Medical Assistance, and Administration... $11,518,146 4003-0807 For the purposes of a federally funded grant entitled, State Legalization Impact Assistance Grant...................$1,775,725 Division of Medical Assistance. State Appropriation 4000-0300 For the administration of the division; provided, that the same standards and regulations in place for personal care attendants, nursing home bed holds, so-called, and score III, so called, in fiscal year nineteen hundred and ninety-six shall be retained in fiscal year nineteen hundred and ninety-seven; provided, that in consultation with the division of health care finance and policy, the division shall not approve any increase in existing medicaid provider rates without taking all measures possible under title XIX of the social security act to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs which must be incurred by efficiently and economically operated providers in order to provide services of adequate quality; provided further, that expenditures for the purposes of each item appropriated to the division by this act shall be accounted for according to such purpose on the Massachusetts management, accounting and reporting system not more than ten days after such expenditures have been made by the medicaid management information system; provided further, that the division shall not make expenditures that are not federally reimbursable, except as specifically authorized herein, or unless made for cost containment efforts the purposes and amounts of which have been submitted to the house and senate committees on ways and means thirty days prior to making such expenditures; provided further, that the 1115 research and demonstration waiver, MassHealth, so-called, shall not be implemented without prior legislative approval; provided further, that no funds shall be expended for the implementation of MassHealth from this item or any other item until funds are appropriated therefore; provided further, that not more than two hundred thousand dollars may be expended for necessary development costs associ- Chap. 151 ated with said waiver; provided further, that the division shall not extend or expand any categories of assistance under title XIX of the social security act, any successor federal statute, or under the authority of any waiver granted by the secretary of health and human services beyond those in effect as of March first, nineteen hundred and ninety-five-, provided farthej, that the division may continue to recover provider overpayments made in the current and prior fiscal years through the medicaid management information system, and that such recoveries shall be deemed current fiscal year expenditure refunds, so-called; provided further, that the division shall report quarterly to the house and senate committees on ways and means the amounts of said expenditure refunds credited to each item of appropriation; provided further, that, unless otherwise expressly authorized by law, the division shall deposit all federal funds received in the General Fund; provided further, that the division shall report quarterly to the house and senate committees on ways and means the amount of hand generated payments, so-called, to providers by item of appropriation from which said payments were made; provided further, that the definitions for the personal care attendant program as set forth in 130 C.M.R. 422.402 and the operating procedures as set forth in 130 C.M.R. 422-421 shall not be changed from those in effect on January first, nineteen hundred and ninety-six until July first, nineteen hundred and ninety-seven, or until agreement is reached between the division of medical assistance and designees of the governor's advisory commission on disability policy, the Massachusetts office on disability, and the statewide independent living council regarding the legal and fiscal responsibilities associated with the employment of personal care attendants.........$33,461,077 4000-0302 The division of medical assistance may retain and expend for the administrative expenses of the division an amount not to exceed two million dollars pursuant to a project to claim new revenue from retroactive costs under family planning, from a project to claim hospital payments under disproportionate share from the medical security plan, from projects to increase the collection of prior year expenditures above Chap. 151 sixty-five million dollars; provided, however, that no funds shall be credited to this item until the division first deposits five million seven hundred fifty thousand dollars into the General Fund ...............................$2,000,000 4000-0310 For administrative support and related services purchased contractually by the division, including, but not limited to, pre-admission screening, utilization review, medical consultants, disability determination reviews, health benefit managers and interagency service agreements; provided, that a summary description of interagency service agreements for which funds are allocated by the division to other agencies shall be submitted to the house and senate committees on ways and means not more than ten days after making such allocations; provided further, that no funds shall be expended from this item for the contracted services funded in item 4000-0325; and provided further, that no funds shall be expended by the division for the purpose of funding interpretive services directly or indirectly related to a settlement or resolution agreement, so-called, with the office of civil rights or any other office, group, or entity; and provided further, that interpretive services currently provided by the division shall not give rise to enforceable legal rights for any party or to an enforceable entitlement to interpretive services .... $31,481,874 4000-0320 The division of medical assistance may expend an amount not to exceed sixty-five million dollars from the monies received from recoveries of any prior year expenditures and collections from liens, estate recoveries, third party recoveries, drug rebates, accident and trauma recoveries, case mix recoveries, computer audits, insurance recoveries, masspro and healthpro refunds, medicaid fraud returns, data match returns, medicare appeals, and program and utilization review audits; provided, that any revenues collected by the division that are not attributable to the aforementioned categories shall be deposited in the General Fund and shall be tracked separately therein; provided further, that additional categories of recoveries and collections may be credited to this item after providing written notice to the house and senate committees on ways and means; provided further, that no funds from this item Chap. 151 shall be used for the purposes of items 4000-0300, 4000-0310, or 4000-0325; provided further, that expenditures from this item shall be limited solely to payments for the provision of medical care and assistance rendered in the current fiscal year; provided further, that the division shall file quarterly, with the house and senate committees on ways and means, a report delineating the amount of current year rebates from pharmaceutical companies or other current year collections which are being used to supplement current year expenditures; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother ........$65,000,000 4000-0325 For vendor contracts to manage a central automated vendor payment system and an automated eligibility verification system only; provided, that all federal reimbursements for said contracts shall be deposited in the General Fund; and provided further, that fifty percent of the cost of provider point of service eligibility verification devices purchased by the division shall be assumed by the providers utilizing said devices......................................$29,325,322 4000-0350 For the operation of the eligibility system formerly known as the MA21 Project only; provided, that the division shall deposit all federal reimbursements for said system and its development costs in the general fund; provided further, that the division shall, prior to resuming development of said MA21 Project, notify the comptroller, the office of management and information systems and the house and senate committees on ways and means that sufficient state funds are available for said project in an amount which will not incur any deficiency for the division in the current fiscal year; provided further, that no funds shall be expended from this item for administrative expenses in item 4000-0300; provided further, that no funds shall be expended from this item for the contracted services in item 4000-0310; and provided further, that no funds shall be expended from this item for systems contracts in item 4000-0325 ........................................$3,034,114 4000-0430 For the commonhealth program to provide primary and supplemental medical care and assistance to disabled working adults and children pursuant to sections sixteen Chap. 151 and sixteen A of chapter one hundred and eighteen E of the General Laws; provided, that no funds shall be expended from this item for expenses incurred in the prior fiscal year; provided further, that the division shall maximize federal reimbursement for state expenditures made on behalf of said adults and children; and provided further, that the division shall close enrollments or promulgate regulations that adjust eligibility, benefits and other requirements to limit expenditures to the amount appropriated herein; and provided further, that the division shall adhere to the same time standards for the processing of a commonhealth application as govern applications under Title XIX, namely within forty-five days of receipt of a completed application, or within ninety days if a determination of disability is required..................$19,870,847 4000-0500 For a managed care program for non-institutionalized recipients who are not otherwise insured and are required to enroll in the primary care clinician program, health maintenance organizations or the mental health and substance abuse network; provided, that said program shall be administered consistent with the terms of any federal approvals obtained prior to March first, nineteen hundred and ninety-five for said program; provided further, that expenditures from this item shall be made only for services rendered to recipients in the current fiscal year; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother.....................$1,006,469,462 4000-0600 For long-term care provided to medical assistance recipients by chronic disease and rehabilitation hospitals, nursing facilities, certain hospitals and facilities operated by the commonwealth, and services provided by community-based long-term care providers; provided, that notwithstanding the provisions of any general or special law to the contrary and without the necessity of obtaining approval by the division of health care finance and policy, the division may establish rates by contract with such hospitals for services provided to medicaid-eligible patients pursuant to a managed care program; provided further, that Chap. 151 expenditures from this item shall be made only for services rendered to recipients in the current fiscal year; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that notwithstanding the provisions of item 4000-0310 to the contrary, not less than eight million six hundred thousand dollars shall be made available from this item to pay for the cost of home and community-based health waiver services provided to elderly medicaid recipients enrolled in the section 2176 waiver, so-called; provided further, that should the federal health care financing administration approve additional waiver slots, the division may expand funding for said waiver services after submitting prior notice of such expansion to the house and senate committees on ways and means; provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother; provided further, that the division is hereby authorized to establish a program of group adult foster care benefits for persons living in assisted living residences certified pursuant to chapter nineteen D of the General Laws who meet the income criteria of the department of transitional assistance for the optional supplemental living arrangement category of supplemental security income payments authorized pursuant to item 4405-2000; provided further, that said benefit, when provided in conjunction with said optional category of payments, shall be contingent on the division's submission of a plan of implementation to the house and senate committees ways and means that shall include, but not be limited to, procedures that control the rate of growth of said optional category of payments and group adult foster care benefits to the amounts appropriated therefor; provided further, that clinical eligibly criteria for said benefits shall be those in effect as of January first, nineteen hundred and ninety-six; provided further, that any changes in said clinical criteria shall be filed with the house and senate committees on ways and means; and provided further, that rates of reimbursements paid to providers of group adult foster care benefits shall be class-based and calculated on a prospective basis....................$1,258,900,161 Chap. 151 4000-0700 For medical services provided to medical assistance recipients not otherwise participating in the managed care program established by item 4000-0500 and for certain services not required to be provided by said managed care program nor requiring prior authorization from managed care programs consistent with the terms of any federal approvals obtained prior to March first, nineteen hundred and ninety-five; provided, that expenditures from this item shall be made only for services rendered to recipients in the current fiscal year; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother; and provided further, that not less than nine hundred thousand dollars shall be made available from this item to pay for the cost of outreach and follow-up services conducted by agencies certified as comprehensive family planning agencies to increase the utilization of comprehensive family planning services ...........................$415,980,377 4000-0800 For the payment of claims incurred in the prior fiscal year, to pay fiscal closure claims incurred in previous fiscal years and for certain other special provider costs incurred in such fiscal years; provided, that payment for special provider costs shall be made from this item only with the prior written approval of the secretary of administration and finance; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; and provided further, that the division shall make no expenditures from this item for the payment of abortions not necessary to prevent the death of the mother .... $665,000,000 4000-0820 For the intergovernmental transfer component of the disproportionate share program for municipal acute care hospitals established in accordance with title XIX, or any successor federal statute, any regulations promulgated thereunder, the medicaid state plan and the terms and conditions of agreements reached with the division for such transfer payments; provided, that such funds may only be expended from this item for such payments owed during the current fiscal year; provided further, that an accounting of such payments shall be reported quarterly to Chap. 151 the house and senate committees on ways and means; and provided further, that all revenues generated by said program shall be credited to the General Fund...........$32,000,000 Local Aid Fund ......................... 100.0% 4000-0830 For the intergovernmental transfer component of the medicaid payments to the university of Massachusetts medical center for hospital services as provided pursuant to the terms and conditions of the contract between the division and said medical center; provided, that programs funded pursuant to this item shall not create recurring liabilities to the commonwealth in future fiscal years; provided further, that the General Fund shall be reimbursed two million five hundred thousand dollars by the medical center for its share of funds transferred pursuant to this item; and provided further, that said hospital shall submit by December second, nineteen hundred and ninety-six, to the house and senate committees on ways and means, a report detailing the programs funded from this item.............$5,000,000 Federal Appropriation 4000-0534 For the purposes of a federally funded grant entitled, Improving Access to Care for Pregnant Substance Abusers..........$375,000 Division of Health Care Finance and Policy. State Appropriation 4100-0060 Forthe operation of the division and the administration of the uncompensated care pool established pursuant to chapter one hundred and eighteen G of the General Laws as added by this act, including not more than six full time equivalent positions previously funded in item 4600-1050 of section two of chapter thirty-eight; provided, that any interest accrued on principal in the compliance liability trust fund, so-called, during fiscal years nineteen hundred ninety-six and ninety-seven shall be deposited in the General Fund as partial reimbursement for the administrative costs of the uncompensated care pool; provided further, that the total amount assessed to acute hospitals pursuant to the provisions of said chapter one hundred and eighteen G for the purposes of this item shall be reduced by said three hundred thousand dollars; provided further, that the divi- Chap. 151 sion shall promulgate regulations requiring all hospitals receiving payments from the uncompensated care pool to report quarterly to the division the following utilization information: the number of inpatient admissions and outpatient visits by age category, income category, diagnostic category and average charge per admission; provided further, that the division shall submit quarterly to the house and senate committees on ways and means a summary report compiling said data; and provided further, that the division, in consultation with the division of medical assistance, shall not promulgate any increase in medicaid provider rates above existing rates without taking all measures possible under Title XIX of the Social Security Act or any successor federal statute to ensure that rates of payment to providers do not exceed such rates as are necessary to meet only those costs incurred by efficiently and economically operated providers in order to provide services of adequate quality....................$8,900,114 4100-1054 For the purpose of making initial gross payments to qualifying acute care hospitals from the uncompensated care pool pursuant to the provisions of chapter one hundred and eighteen G of the General Laws as added by this act, for the hospital fiscal year beginning October first, nineteen hundred and ninety-six; provided, that said payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to said pool; provided further, that the comptroller is hereby authorized and directed to transfer the amount appropriated herein to said pool for the purpose of making such payments; provided further, that the amount appropriated herein, less any amount that is certified by the commissioner as unable to be collected from said hospitals, shall be returned proportionately to the General Fund and the Local Aid Fund at the end of the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; provided further, that in no event shall the amount unable to be collected from a hospital exceed for any hospital which is a net payer to said pool the pool's gross liability to such hospital or for any hospital which is a net payee from said pool the pool's gross liability to such hospital;and provided further, that the comptroller is hereby authorized and di- Chap. 151 rected to transfer to the General Fund as of said June thirtieth the balance of this appropriation and any allocation thereof as certified by the said commissioner .... $30,000,000 General Fund............................ 66.0% Local Aid Fund .......................... 34.0% Massachusetts Commission for the Blind. State Appropriations 4110-0001 For the office of the commissioner and bureau of research.......$633,266 4110-0002 Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts commission for the blind may expend an amount not to exceed seventy-five thousand dollars from revenues received pursuant to the home and community based waiver initiative, so-called, for the administration of said commission; provided, that no funds shall be expended from this item until the secretary of administration and finance shall certify in writing to the house and senate committees on ways and means that not less than seven hundred twenty-five thousand dollars from said initiative has been deposited in the general fund; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.....................$75,000 4110-1000 For the community services program......................$2,470,330 4110-1010 For aid to the adult blind; and provided further, that funds may be expended from this item for burial expenses incurred in the prior fiscal year........................$8,702,093 4110-1020 For determining eligibility for a medical assistance program for the blind; provided, that the commission is hereby authorized and directed to work with the division of medical assistance, the department of mental retardation and other state agencies to maximize federal reimbursement for clients determined through this item...............$382,052 4110-2000 For the turning twenty-two program of the commission; provided, that the amount appropriated herein for new cli- Chap. 151 nts participating in said program in fiscal year nineteen hundred and ninety-seven shall not exceed four hundred and thirty-one thousand dollars and shall not annualize to more than seven hundred and ten thousand dollars in fiscal year nineteen hundred and ninety-eight; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement; provided further, that the commission shall work in conjunction with the department of mental retardation to secure the maximum amount of federal reimbursements available for the care of turning twenty-two clients; and provided further, that the commission shall work in conjunction with the department of mental retardation to secure similar rates for contracted residential services......$5,351,607 4110-3010 For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect cost of federally reimbursed state employees; provided further, that one hundred fifty thousand dollars of the amount appropriated herein shall be obligated for the purpose of mitigating inequitable reimbursement rates for the Carroll Center for the Blind.................................$1,288,033 4110-4000 For the administration of the Ferguson industries for the blind; provided, that retired workshop employees shall receive grants equal to three-fourths of the salaries of current workshop employees; and provided further, that any funds received for goods and services purchased by private and public sector entities at Ferguson Industries shall be remitted to the General Fund...................$1,717,544 Federal Appropriations 4110-3020 For the purposes of a federally funded grant entitled, Vocational Rehabilitation; provided, that any reimbursement received for successful vocational rehabilitation closures under the federal Social Security Act's Vocational Chap. 151 Rehabilitation Program may be used by the commission for the blind to provide for essential client programming, including but not limited to pre-vocational and supported employment services..................................$525,011 4110-3021 For the purposes of a federally funded grant entitled, Basic Support Grant - Section 110 ..........................$6,750,000 4110-3023 For the purposes of a federally funded grant entitled, Independent Living - Part B .............................$76,500 4110-3026 For the purposes of a federally funded grant entitled, Independent Living - Part C ............................$225,000 4110-3027 For the purposes of a federally funded grant entitled, Rehabilitation Training.................................$35,000 4110-3028 For the purposes of a federally funded grant entitled, Supported Employment................................$150,000 Massachusetts Rehabilitation Commission. State Appropriations 4120-1000 For the operation of the commission; provided, that the commissioner shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance on the number of clients served and the amount expended on each type of service; provided further, that upon the written request of the commissioner of revenue, said commissioner shall provide lists of individual clients to whom or on behalf of whom payments have been made for the purpose of verifying eligibility and detecting and preventing fraud, error, and abuse in the programs administered by the commission; and provided further, that said lists shall include client names and social security numbers and payee names and other identification, if different from a client's..............$306,625 4120-2000 For vocational rehabilitation services operated in cooperation with the federal government; provided, that no funds from the federal vocational rehabilitation grant or state appropriation be deducted for pensions, group health and life insurance, and any other such indirect cost of the federally reimbursed state employees; and provided further, that no less than forty thousand dollars shall be expended on hand- Chap. 151 icap-accessible modifications of a van in the town of Chelmsford .......................................$6,306,616 4120-3000 For employment assistance services; provided, that vocational evaluation and employment services for severely physically disabled adults may, subject to appropriation, be provided; provided further, that not less than sixty-five thousand dollars be expended for the Charlestown navy yard special project for physically disabled adults .........$6,716,646 4120-4000 For independent living assistance services .................$3,618,446 4120-4001 For the housing registry for the disabled.....................$100,000 4120-5000 For homemaking services ..............................$3,807,590 4120-6000 For head injured services...............................$6,592,046 4120-6001 For the additional expenses of head injured services; provided, that the funds appropriated herein shall be expended solely for the cost of non-recurring services to the head injured; provided further, that said funds shall not be used to supplant existing services provided under item 4120-6000; and provided further, that all unexpended funds from this item shall revert to the head injury treatment services trust fund ............................$125,000 Head Injury Treatment Services Trust Fund . . . 100.0% Federal Appropriations 4120-0020 For the purposes of a federally funded grant entitled, Vocational Rehabilitation...........................$36,000,000 4120-0024 For the purposes of a federally funded grant entitled, HUD Fair Housing Initiatives................................$133,000 4120-0171 For the purposes of a federally funded grant entitled, Teaching Grant and Traineeships in RSA Training ..........$145,000 4120-0172 For the purposes of a federally funded grant entitled, Vocational Rehabilitation Services - Severely Disabled Worcester Area Placement Consortium ...................$165,000 4120-0173 For the purposes of a federally funded grant entitled, New England Psychiatric Rehab Training......................$200,000 4120-0187 For the purposes of a federally funded grant entitled, Supported Employment Program ........................$990,000 Chap. 151 4120-0188 For the purposes of a federally funded grant entitled, Statewide Supported Employment Demonstration Project.........$550,000 4120-0511 For the purposes of a federally funded grant entitled, Disability Determination Services.....................$36,000,000 4120-0760 For the purposes of a federally funded grant entitled, Independent Living ...................................$990,000 4120-0765 For the purposes of a federally funded grant entitled, Empirical Analysis of the Educational Experiences of Young Adult Traumatic Brain Injury Survivors.............$165,000 Massachusetts Commission for the Deaf and Hard of Hearing. 4125-0100 For the operation of and services provided by the commission for the deaf and hard of hearing; provided, that not less than fifty thousand dollars be allocated for interpreter services for late-deafened adults.......................$3,235,903 4125-0101 Notwithstanding the provisions of any general or special law to the contrary, the commission for the deaf and hard of hearing may expend revenues in an amount not to exceed forty-five thousand dollars from charges received on behalf of interpreter services and monies received from private grants, bequests, gifts or contributions; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.......$45,000 Federal Appropriation 4125-0103 For the purposes of a federally funded grant entitled Massachusetts Assistive Technology Partnership............$811,962 Office For Children. State Appropriations 4130-0001 For the central administration of the office; provided, that the office shall administer the child care resource and referral system; provided further, that nothing contained herein shall be construed as limiting the office's authority to issue variances or grant licenses or certificates on a probationary Chap. 151 basis as provided in 102 CMR 8.00 as in effect on May twenty-eighth, nineteen hundred ninety-three; and provided further, that said system shall receive funding from item 4000-0702 of section two of this act .............$196,604 4130-0002 For the administration of the children's trust fund..............$793,722 4130-0005 For field operations licensing; provided, that no funds from this item may be expended for family support services; and provided further, that the office generate not less than six hundred thirty-one thousand eight hundred fifty dollars to be deposited in the General Fund from licensing fees and the sale of day care lists..............................$5,643,369 Federal Appropriations 4130-2087 For the purposes of a federally funded grant entitled, Dependent Care Planning and Development; provided, that one hundred twenty-two thousand nine hundred and ten dollars shall be expended for operating expenses of child care resource and referral programs that provide direct services to parents; and provided further, that one hundred ninety thousand dollars shall be expended to provide day care services for children with disabilities in school-aged child care programs...................................$312,910 4130-9002 For the purposes of a federally funded grant entitled, Child Abuse Prevention Activities ............................$100,000 Massachusetts Soldiers' Home. 4180-0100 For the maintenance and operation of the Massachusetts soldiers' home located in the city of Chelsea.............$17,402,743 4180-0101 For the maintenance of a specialized unit for the treatment of Alzheimer's disease patients at the Massachusetts soldiers' home in Chelsea .....................................$446,744 4180-1100 The soldiers' home in Chelsea may expend revenues up to a maximum of one hundred thirty-two thousand dollars for facility maintenance and patient care, including personnel costs; provided, that sixty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor Chap. 151 vehicles for the cost associated with said license plates, shall be deposited into and for the purposes of this retained revenue account of the soldiers' home in Chelsea ...........$132,000 Holyoke Soldiers' Home. 4190-0100 For the maintenance and operation of the soldiers' home in Holyoke.........................................$12,603,445 4190-0101 For the adult day care program at the soldiers' home in Holyoke............................................$137,345 4190-1100 The soldiers' home in Holyoke may expend revenues up to a maximum of eighty-eight thousand dollars for facility maintenance and patient care, including personnel costs; provided, that forty percent of all revenues generated pursuant to section two of chapter ninety of the General Laws, through the purchase of license plates with the designation VETERAN by eligible veterans of the commonwealth, upon compensating the registry of motor vehicles for the cost associated with said license plates, shall be deposited into and for the purposes of this retained revenue account of the soldiers' home in Holyoke ............$88,000 Department of Youth Services. State Appropriations 4200-0010 For the administration of the department; provided, that the department shall develop an AIDS education plan for youths in custody or under supervision of the department; and provided further, that the department shall continue to seek Title IV-E revenues and report the status of such efforts to the house and senate committees on ways and means not later than December thirty-first, nineteen hundred and ninety-six ..............................$1,394,720 4200-9999 For the payment of charges assessed to the department of youth services for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven Chap. 151 all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of youth services, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the department is expected to meet the revenue targets established in sections one A and one B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that, no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein............$906,322 4202-0001 For purchased secure treatment programs and services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0002, 4202-0003, 4202-0004, 4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the Chap. 151 amounts to be transferred and the reason for the proposed transfer..........................................$13,787,659 4202-0002 For purchased detention programs and services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0001, 4202-0003, 4202-0004, 4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer..........................................$12,430,403 4202-0003 For purchased community-based treatment programs and services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0004, 4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer..........................................$18,845,110 4202-0004 For purchased transitional management programs and services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003, 4202-0005, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer...........................................$2,095,217 Chap. 151 4202-0005 For purchased medical services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003, 4202-0004, and 4202-0006 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer .....$1,026,794 4202-0006 For purchased educational and vocational programs and services, in accordance with the provisions of chapter twenty-eight A of the General Laws; provided, that the commissioner is hereby authorized to transfer up to ten percent of the funds appropriated herein to items 4202-0001, 4202-0002, 4202-0003, 4202-0004, and 4202-0005 of section two of this act; and provided further, that thirty days before any such transfer is made, said commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a plan showing the amounts to be transferred and the reason for the proposed transfer.............................................$939,346 4237-1010 For supervision, counseling, and other services provided by the department incidental to certain residential or non-residential care programs.........................$7,344,813 4238-1000 For the administration and operation of the department's secure facilities ...................................$22,011,030 Federal Appropriation 4238-1030 For the purposes of a federally funded grant entitled, Serious Violent and Chronic Juvenile Offender Treatment Program......$500,000 Department of Transitional Assistance. State Appropriations 4400-1000 For the central administration of the department, including the development and maintenance of automated data processing systems and services in support of department Chap. 151 operations, and for the administration of department programs in local transitional assistance offices including a program of health services for certain recipients and the expenses of operating a food stamp program; provided, that three hundred and fifty thousand dollars shall be expended on a food stamp outreach program; provided further, that the department shall maintain a transitional assistance office at 294 Bowdoin street in the Dorchester section of the city of Boston; provided further, that all costs associated with verifying disability for all programs of the department shall be paid from this item; provided further, that associated expenses of employees whose AA subsidiary payroll costs, so-called, are paid from item 4400-1100 of section two shall be paid from this item; provided further, that the DD subsidiary costs, so-called, shall be paid from item 4400-9999; provided further, that the AA subsidiary payroll costs, so-called, for such employees shall not be paid from this item; provided further, that the department shall collect all out-of-court settlement restitution payments, so-called; provided further, that said restitution payments shall include, but not be limited to, installment and lump sum payments; provided further, that the department shall file quarterly reports with the house and senate committees on ways and means detailing the total amount of fraudulently obtained benefits identified by the bureau of special investigations of the department of public safety, the total value of said settlement restitution payments, actual monthly collections, and any circumstances that produce shortfalls in said collections; provided further, that notwithstanding any provision of general or special law to the contrary, unless otherwise expressly provided, all federal reimbursements received for the purposes of the department, including reimbursements for administrative, fringe and overhead costs, for fiscal year nineteen hundred ninety-seven and prior fiscal years, shall be credited to the General Fund; provided further that the department shall submit on a monthly basis to the house and senate committees on ways and means and the secretary of administration and finance a status report on program expenditures, savings and revenues, error rate measurements, public assistance caseloads and benefits;provided further, that said reports shall Chap. 151 detail changes in caseload by eligibility category resulting from the phase-in of chapter five of the acts of nineteen hundred and ninety-five; provided further, that said report shall comprehensively track statewide use of the emergency assistance program by eligibility category including, but not limited to, caseload, average length of use or stay, and monthly expenditures; and provided further, that no funds shall be expended from this item for the compensation of unit eight employees, so-called ......$62,455,005 4400-1007 For finger imaging pilot programs in two offices of the department in Springfield and one office in Lawrence, pursuant to section one hundred fifteen of chapter five of the acts of nineteen hundred ninety-five...................$112,500 4400-1100 For AA subsidiary payroll, so-called, of the department's caseworkers, so-called; provided, that only employees of bargaining unit eight, so-called, as identified in the Massachusetts personnel administrative reporting and information system, so-called, shall be paid from this item; and provided further, that any other expenses associated with said employees shall be paid from items 4400-1000 and 4400-9999....................................$58,427,037 4400-9999 For the payment of charges assessed to the department of transitional assistance for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of department of transitional assistance, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to the KK subsidiary, so-called; or the NN subsidiary, so-called; of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the Chap. 151 department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the department is expected to meet the revenue targets established in sections one A and one B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that no funds shall be schedule to any subsidiary in this account which is not explicitly referenced herein..........$1,435,853 4401-1000 For a program to provide employment and training services for recipients of benefits provided under the program of transitional aid to families with dependent children and the absent parents of said recipients; provided, that certain parents who have not yet reached the age of eighteen years, including those who are ineligible for transitional aid to families with dependent children, and who would qualify for benefits under the provisions of chapter one hundred and eighteen of the General Laws but for the deeming of the grandparents' income, be allowed to participate in the MassJOBS program; provided further, that the department may allocate funds from this item to other agencies, including community colleges in the commonwealth for the purposes of the MassJOBS program; provided further, that funds from this item shall be expended for the 100 careers program at Roxbury community college to recruit, train, counsel, and place in employment one hundred new students with one or more dependents who are receiving transitional assistance benefits and to provide workforce development in cooperation with employers; provided further, that no funds from this item shall be expended for day care or informal child Chap. 151 care; provided further, that expenditures shall not exceed the amount appropriated herein; provided further, that no recipient of the MassJOBS program may pursue more than one course of study, except that a high school diploma or G.E.D. shall not be considered a course of study; provided further, that the MassJOBS Council and the department of transitional assistance shall explore all federal reimbursements relating to job training programs to augment state appropriations; provided further, that the MassJOBS Council shall explore all other job training initiatives within the Commonwealth to supplement the programs funded herein; provided further, that the payments for the costs of transportation to an approved activity by means other than public transportation or private automobile shall be permitted only when transportation by public means or private automobile is not reasonably available and affordable, and shall be subject to reasonable maximums determined by the department; provided further, that one hundred thousand dollars shall be expended for the purposes of MassJOBS refugee training and employment for the recipients of said program in Boston; and provided further, that the department shall notify the house and senate committees on ways and means of all allocations made from this item................................$11,808,759 4403-2000 For a program of transitional aid to families with dependent children; provided, that the need standard shall be equal to the standard in effect in fiscal year nineteen hundred and eighty-nine; provided further, that the payment standard shall be equal to the need standard; provided further, that the payment standard for families who do not qualify for an exempt category of assistance under the provisions of subsection (e) of section one hundred ten of chapter five of the acts of nineteen hundred and ninety-five shall be two and three quarters percent below the payment standard in effect in fiscal year nineteen hundred and ninety-five, subject to federal waiver approval; provided further, that the department shall notify all teen parents receiving benefits from said program of the requirements, subject to federal approval or modification, found in clause two of subsection (i) of said section one hundred and ten of said chapter five, notwithstanding approval of the necessary Chap. 151 federal waivers; provided further, that a forty dollar per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing, subject to federal reimbursement; provided further,that a non-recurring children's clothing allowance in the amount of one hundred fifty dollars shall be provided to each child eligible under this program in September, nineteen hundred and ninety-six, subject to federal reimbursement; provided further, that said children's clothing allowance shall be included in the standard of need for the month of September, nineteen hundred and ninety-six; provided further, that the department shall assure that eligibility is redetermined in the month of October for any applicant made eligible for assistance by virtue of said increase in the standard of need; provided further, that benefits under this program shall not be available to those families where a child has been removed from the household pursuant to a court order after a care and protection hearing on child abuse, nor to adult recipients otherwise eligible for transitional aid to families with dependent children but for the temporary removal of the dependent child or children from the home by the department of social services in accordance with department procedures; provided further, that notwithstanding the provisions of section two of chapter one hundred and eighteen of the General Laws, or any other general or special law to the contrary, the department shall render aid to pregnant women with no other eligible dependent children only if it has been medically verified that the child is expected to be born within the month such payments are to be made or within the three-month period following such month of payment, and who, if such child had been born and was living with her in the month of payment would be categorically and financially eligible for transitional aid to families with dependent children benefits; provided further, that certain families that suffer a reduction in benefits due to a loss of earned income and participation in retrospective budgeting may receive a supplemental benefit to compensate them for such loss; provided further, that no funds from this item shall be expended by the department for daycare or transportation services for the employment and training Chap. 151 program; provided further, that no funds from this item shall be expended by the department for family reunification benefits or informal child care; provided further, that child support payments collected pursuant to Title IV-D of the Social Security Act, not to exceed an amount of seventy million dollars shall be credited to this account and may be expended without further appropriation for the purposes of this program; provided further, that the department shall work in concert with the Massachusetts office for refugees and immigrants to conduct a study regarding the transfer of certain components of the transitional aid to families with dependent children program to the Massachusetts office for refugees and immigrants; provided further, that said study shall include an analysis of caseloads, costs, benefits, and federal reimbursements; provided further, that said study shall include recommendations on implementation and coordination of other services including, but not limited to, day care and health care; and provided further, that said study shall be issued to the house and senate committees on ways and means and the secretary of administration and finance no later than October first, nineteen hundred and ninety-six.......................................$474,564,330 4403-2013 The department may expend an amount not to exceed seventy million dollars, in accordance with the provisions of item 4403-2000 of section two of this act, accrued from the child support payments collected pursuant to Title IV-D of the Social Security Act, for the purposes of the program of transitional aid to families with dependent children.......$70,000,000 4403-2110 For expenses of the emergency assistance program directly attributable to rent liability; provided, that no funds may be expended for heat or utility arrearages, so-called; provided further, that the department may provide limited related services in the event of a disaster as defined by regulations promulgated by the department; provided further, that said services shall be defined as payments for advance rent, security deposits, sheltering, housing search, food, clothing and housing supplies; provided further, that in promulgating, amending, or rescinding regulations with respect to eligibility or benefits under said program, the department Chap. 151 shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding the provisions of any general or special law to the contrary or of this item to the contrary, thirty days before promulgating any such eligibility or benefit changes, the commis-sioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for said program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that expenditures for rental arrearages shall be subject to federal reimbursement; provided further, that the department shall prepare and promulgate rules and regulations to prevent abuse in the emergency assistance program in items 4403-2110 and 4403-2120 of section two; provided further, that said rules and regulations shall include but not be limited to a year-to-year cross check of recipients to determine if a person has received similar benefits in the previous thirty-six months; provided further, that if a person has utilized emergency assistance benefits more than once within thirty-six months, the department is hereby authorized and directed to place said person on a protective payment schedule for the entire period during which said person is receiving said benefits; provided further, that no advance payments shall be paid in fiscal year nineteen hundred and ninety-seven; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to services other than to the extent that such rights or entitlements exist pursuant to the regulations promulgated by the department; provided further, that nothing stated herein shall be construed as giving rise to enforceable legal rights or enforceable entitlement to any services other than to the extent that such rights or entitlements exist pursuant to the regulations promulgated by the department; provided, further, that nothing in the two preceding provisos shall authorize the department to alter eligibility criteria or benefit levels, except to the extent that such changes are needed to avoid a deficiency in this item; and provided further, that no emergency assistance expenditures shall be Chap. 151 paid from this item unless explicitly authorized by this item ............................................$12,105,000 4403-2119 For the provision of structured settings as provided in subsection (i) of section one hundred ten of chapter five of the acts of nineteen hundred and ninety-five for parents under the age of twenty who are receiving benefits under the transitional aid to families with dependent children program; provided, that the executive office of health and human services and the department of transitional assistance are directed to seek federal reimbursement for said structured settings expenditures; and provided further, that all structured settings expenditures shall be subject to federal reimbursement...............................$5,223,689 4403-2120 For certain expenses of the emergency assistance program as herein delineated: (i) contracted family shelters, (ii) transitional housing program, (iii) program to reduce homeless-ness in Barnstable, Dukes and Nantucket counties, (iv) residential education center for single mothers with children, (v) intake centers, so-called, (vi) hotel and motel payments on behalf of homeless families; and (vii) voucher shelters, so-called; provided, that not more than seventy-six thousand six hundred fifty dollars may be expended for the hotel and motel emergency assistance program; provided further, that no funds may be expended for heat or utility arrearages, so-called; provided further, that in promulgating, amending, or rescinding regulations with respect to eligibility or benefits under said program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the appropriation; provided further, that notwithstanding the provisions of any general or special law to the contrary or to this item to the contrary, thirty days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for said program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that the department is author- Chap. 151 ized to enter into an interagency agreement with the division of housing and community development for a program to prevent homelessness; provided further, that not more than four million five hundred sixty-three thousand three hundred thirty-three dollars be expended for said program; provided further, that twenty-six expended on contracted family shelters; provided further, that of the amount authorized for said contracted family shelters, not less than seven hundred ninety-eight thousand dollars be expended for the Safe Harbor shelter, so-called; provided further, that of the amount authorized for said contracted family shelters, not more than fifty thousand dollars shall be expended for case management services for the Amity Transitional Housing Program, so-called, of Lynn; provided further, that of the amount authorized for said contracted family shelters, not less than two hundred ninety-seven thousand dollars be expended for the operation of the emergency family shelter operated by Emmaus Inc. of Haverhill; provided further, that the department is directed to enter into four contracts to provide transitional housing for homeless families; provided further, that not more than one million two hundred eighty thousand six hundred forty-eight dollars shall be expended on said transitional housing program; provided further, that no more than three hundred fifty thousand dollars shall be expended for the purpose of a program to reduce homelessness for needy families in Barnstable, Dukes, and Nantucket counties as provided in section two hundred fifty-three of chapter sixty of the acts of nineteen hundred and ninety-four; provided further, that at least as many shelter spaces as were provided for homeless families during fiscal year nineteen hundred ninety-six be made available in fiscal year nineteen hundred ninety-seven; provided further, that the winter shelters, so-called, be operated year-round; provided further, that funds from this item expended for emergency shelter costs shall be subject to federal reimbursement; provided further, that one hundred four thousand one hundred million nine hundred seventy thousand seven hundred twenty-two dollars shall be forty-eight dollars shall be expended for a furniture donation pickup van; provided further, that the department shall promulgate reg- Chap. 151 ulations to prevent abuse in the emergency assistance program in items 4403-2110 and 4403-2120 of section two; provided further, that said rules and regulations shall include but not be limited to a year to year cross check of recipients to determine if a person has received similar benefits in the previous thirty-six months; provided further, that if a person has utilized emergency assistance benefits more than once within thirty-six months, the department is hereby authorized and directed to place said person on a protective payment schedule for the entire period during which said person is receiving said benefits; provided further, that no advance payments shall be paid in fiscal year nineteen hundred ninety-seven provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized by this item; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to services other than to the extent that such rights or entitlements exist pursuant to the regulations promulgated by the department; provided further, that nothing stated herein shall be construed as giving rise to enforceable legal rights or enforceable entitlement to any services other than to the extent that such rights or entitlements exist pursuant to the regulations promulgated by the department; and provided further, that nothing in the two preceding provisos shall authorize the department to alter eligibility criteria or benefit levels, except to the extent that such changes are needed to avoid a deficiency in this item.......................................$34,137,411 4405-2000 For the state supplement to the supplemental security income program for the aged and disabled, including a program for emergency needs for supplemental security income recipients; provided, that the expenses of special grants recipients residing in rest homes, as provided in section seven A of chapter one hundred eighteen A of the General Laws, may be paid from this item; provided further, that services shall be provided to the extent determined to be possible within the appropriation, and the department shall amend applicable rules, regulations or eligibility determination methods and seek all necessary waivers to ensure expenditures under said program do not exceed the Chap. 151 appropriation herein; provided further, that not more than one million two hundred thousand dollars shall be obligated for a community-based emergency aid to the elderly, disabled and children to supplemental security income conversion advocacy program; provided further, that not less than one million two hundred thousand dollars shall be allocated for legal appeal services for emergency aid to the elderly, disabled and children to supplemental security income conversions; provided further, that the department of transitional assistance, in collaboration with the division of medical assistance, is hereby authorized to establish a new optional supplement living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified pursuant to chapter nineteen D of the General Laws who meet the income and clinical eligibility criteria established by the department and said division; provided further, that said optional category of payments shall only be administered in conjunction with the medicaid group adult foster care benefit; provided further, that sixty days prior to implementation of said optional category, the department and the division shall file with the house and senate committees on ways and means, a plan that shall establish a maximum percentage of residents at an assisted living facility who may receive such benefits; provided further, that the implementation of said optional category of payments shall be contingent on the submission of said plan; provided further, that the maximum income eligibility for said payments shall not exceed nine hundred dollars per month per qualifying person; provided further, that notwithstanding provisions of any general or special law to the contrary, persons receiving services under the provisions of subsection (a) of section six of chapter three hundred fifty-four of the acts of nineteen hundred ninety-four on June thirtieth, nineteen hundred ninety-six shall continue to receive said services until the implementation of said optional category of payments; provided further, that the eligibility of said persons for said optional category of payments shall be determined at the time said optional category of payments Chap. 151 is implemented; provided further, that the expenses of a program to aid emergency aid to the elderly, disabled and children recipients in becoming eligible for said supplemental security income program may be paid from this item; and provided further, that of any federal administrative costs assessed to the state for issuing state supplemental payments half shall be paid from a corresponding portion of said payment................$196,096,619 4406-3000 For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide food, shelter, housing search, and limited related services to the homeless and indigent; provided, that the department may allocate funds to other agencies for the purposes of this program; provided further, that the department shall notify the house and senate committees on ways and means of all such allocations; provided further, that nine hundred eighty-seven thousand four hundred thirty-one dollars shall be expended for the health care for the homeless programs in Boston, Worcester and Springfield and that not less than five hundred sixty-three thousand three hundred forty-five dollars shall be expended for the Boston health care for the homeless program; provided further, that not less than forty-eight thousand four hundred dollars be expended for a health clinic in a comprehensive multi-service center located in the city of Lynn; provided further, that not less than two hundred thirty-five thousand dollars shall be expended for the Our Fathers House in Fitchburg;provided further, that not less than two million one hundred two thousand five hundred eighty-four dollars be expended for the Greater Boston Housing and Shelter Alliance; provided further, that not less than six hundred fifty-nine thousand nine hundred ninety-six dollars shall be expended for the Middlesex Shelter in Lowell; provided further, that not less than eighty-four thousand dollars be expended for the Boston Rescue Mission; provided further that not less than two hundred seventy-one thousand nine hundred eighty-nine dollars be expended for a the Market Ministries shelter in New Bedford; provided further, that not less than eleven million nine hundred seventy-four thousand three Chap. 151 hundred forty-five dollars shall be expended for a contract with the Pine Street inn located in the city of Boston, including not less than one million one hundred eighteen thousand nine hundred eighty-seven dollars for a comprehensive multi-service day treatment program for the homeless in the city of Boston and not less than four million two hundred five thousand one hundred eighty-two dollars for the PIP shelter in Worcester, the daybreak shelter in Lawrence, the Long Island shelter in Boston; provided further, that not less than two hundred forty-seven thousand five hundred dollars shall be expended for the Friends of the Homeless shelter in Springfield; provided further, that five hundred three thousand five hundred fifty-six dollars shall be expended for the Cambridge Salvation Army; provided further, that not less than one hundred seventy thousand dollars from this item shall be expended for a contract with ServiceNet, Inc., to operate homeless shelters in Hampshire and Franklin counties; provided further, that notwithstanding the provisions of any general or special law to the contrary, one hundred and sixty-five thousand dollars shall be obligated for a contract with the SHADOWS project in Natick, for the provision of shelter services to homeless women; provided further, that not less than six hundred twenty-four thousand four hundred ninety-four dollars be available for the Quincy Interfaith Sheltering Coalition; provided further, that not less than forty thousand dollars be expended for the Samaritan Inn homeless shelter in Westfield; and provided further, that not less than two-hundred fifteen thousand eight hundred twenty-four dollars shall be expended for a shelter operated by Emmaus, Inc. of Haverhill; provided further, that one hundred forty thousand dollars shall be expended for the Meadows program, so-called; and provided further, that at least as many shelter spaces as were provided for homeless families and individuals during fiscal year nineteen hundred and ninety-six be made available in fiscal year nineteen hundred and ninety-seven ...................$28,424,355 4408-1000 For a program of cash assistance to certain residents of the commonwealth pursuant to chapter one hundred and seventeen A of the General Laws, entitled emergency aid Chap. 151 to the elderly, disabled and children found by the department to be eligible for such aid, pursuant to regulations promulgated by said department and subject to the limitations of appropriation therefore; provided, that the payment standard shall equal the payment standard in effect under the general relief program in fiscal year nineteen hundred and ninety-one; provided further, that said program may include a program of medical benefits, that shall include services provided in public detoxification and outpatient substance abuse treatment centers; provided further, that a thirty-five dollar rent allowance, to the extent possible within the amount of this appropriation, shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing; provided further, that the department may provide benefits to persons age sixty-five or older who have applied for benefits under chapter one hundred eighteen A of the General Laws, to persons suffering from a medically determinable impairment or combination of impairments which is expected to last for a period as determined by department regulations and which substantially reduces or eliminates the individual's capacity to support him or herself and which have been verified by a competent authority, to certain persons caring for a disabled person, to otherwise eligible participants in the vocational rehabilitation program of the Massachusetts rehabilitation commission, to otherwise eligible students under age twenty-one who are regularly attending a full time grade, high school, technical or vocational school not beyond the secondary level and to dependent children who are ineligible for benefits under chapter one hundred eighteen of the General Laws and parents or other caretakers of dependent children who are ineligible under said chapter one hundred eighteen; provided further, that no ex-offender, person over age forty-five without a prior work history, or person in a residential treatment facility shall be eligible for benefits under this program unless said person otherwise meets the eligibility criteria described herein and defined by regulations of the department; provided further, that any person incarcerated in a correctional institution shall not be eligible for benefits un- Chap. 151 der said program; provided further, that benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and shall not be provided to illegal or undocumented aliens; provided further, that no funds shall be expended from this item for the payment of expenses associated with any medical review team, other disability screening process or costs associated with verifying disability for this program; provided further, that the department shall promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement the changes to this program required by this act promptly and within the appropriation; provided further, that in initially implementing the program for this fiscal year, the department shall include all eligibility categories permitted herein at the payment standard in effect for the former general relief program in fiscal year nineteen hundred ninety-one; provided further, that in promulgating, amending, or rescinding its regulations with respect to eligibility or benefits, including the payment standard, medical benefits, and any other benefits under this program, the department shall take into account the amounts available to it for expenditure by this item so as not to exceed the amount appropriated herein; provided further, that notwithstanding the provisions of any general or special law to the contrary or of this item to the contrary, before implementing any eligibility or benefit changes or both to the program, the commissioner shall file with the house and senate committees on ways and means and with the clerks of the house of representatives and the senate a determination by the secretary of health and human services that available appropriations for said program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that said report shall contain detailed information concerning the current and proposed operation of the program, including categories of eligibility, number of eligible persons in each category, demographic information regarding said persons, services rendered to said persons, direct service costs, administrative costs, and Chap. 151 an explanation of need for proposed changes in eligibility requirements or benefit levels or both; provided further, that the department is authorized to promulgate emergency regulations pursuant to chapter thirty A of the General Laws to implement these eligibility or benefit changes or both; provided further, that nothing herein shall be construed as creating any right accruing to recipients of the former general relief program; provided further, that the secretary of health and human services shall report monthly to the house and senate committees on ways and means for the preceding month on the number of persons applying for benefits under this program, by category, age, and disability, if any, and the number of persons receiving and denied benefits under this program by category, age and disability, if any; provided further, that reimbursements collected from the social security administration on behalf of former clients of the emergency assistance to the elderly, disabled and children program, or unprocessed payments from said program that are returned to the department, not to exceed an amount of twenty-two million nine hundred thousand dollars, shall be credited to this account and may be expended without further appropriation for the purposes of this program; and provided further, that notwithstanding any general or special law to the contrary, the funds made available herein shall be the only funds available for said programs, and the department shall not spend funds for said program in excess of the amount made available herein...........$87,714,526 Federal Appropriations 4400-3069 For the purposes of a federally fund grant entitled, Food Stamp Cash-Out ...................................$4,300,000 4407-9002 For the purposes of a federally funded grant entitled, MassJOBS; provided, that federal reimbursements which are solely attributable to the provision of job training, in an amount not to exceed seventeen million eight hundred ninety-six thousand seven hundred eight dollars, may be credited to this item; and provided further, that notwithstanding the provisions of section one of this act or any other general or special law to the contrary, federal reimbursements received in excess of the amount specified Chap. 151 herein and federal reimbursements received in prior fiscal years shall be credited to the General Fund..............$17,896,708 4407-9070 For the purposes of a federally funded grant entitled, At-Risk Day Care; provided, that five million eight hundred thousand dollars received pursuant to this grant shall be expended for the purchase of income eligible contracts; and provided further, that four hundred thousand dollars shall be expended for the management of the income eligible voucher system..............................$6,200,000 4407-9072 For the purposes of a federally funded grant entitled, Parents Fair Share...........................................$292,592 4407-9073 For the purposes of a federally funded grant entitled, Parents Fair Share - Title IV-D .................................$81,657 Department of Public Health. State Appropriations 4510-0100 For the operation of the department; provided, that the position of assistant commissioner shall not be subject to chapter thirty-one of the General Laws; provided further, that the department is hereby authorized to transfer up to three percent of the funds appropriated herein to items 4510-0103, 4510-0104, and 4510-0105 of section two; provided further, that no such transfer shall occur before May first, nineteen hundred and ninety-seven; provided further, that thirty days before any such transfer is made, said department shall file with the house and senate committees on ways and means a schedule of the amounts to be transferred and the reason for such proposed transfer; and provided further, that said transfers from this item shall not cause a deficiency in this item .................$7,379,450 4510-0103 For the payment of charges assessed to the department of public health for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, as classified by the comptroller; provided, that all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that no funds from any other item of state appropriation available to the department shall be used for Chap. 151 said payments; provided further, that the department is hereby authorized to transfer up to three percent of the funds appropriated herein to items 4510-0104 and 4510-0105 of section two; provided further, that no such transfer shall occur before May first, nineteen hundred and ninety-seven; provided further, that thirty days before any such transfer is made, said department shall file with the house and senate committees on ways and means a schedule of the amounts to be transferred and the reason for such proposed transfer; and provided further, that said transfers from this item shall not cause a deficiency in this item .............................................$4,278,877 4510-0104 For the administrative expenses and chargebacks of the department made pursuant to the EE subsidiary, so-called, as classified by the comptroller; provided, that all funds appropriated herein shall be scheduled in the EE subsidiary, so-called; provided further, that no funds from any other item of state appropriation available to the department shall be used for said expenses and chargebacks; provided further, that the public health hospitals funded in items 4540-0900 and 4590-0900, the center for laboratory and communicable disease control and the state laboratory funded in item 4516-1000, the nuclear safety assessment program funded in item 4510-0615, the drug registration and monitoring program funded in item 4510-0616, and the universal immunization program funded in item 4580-1000 shall not be subject to the provisions stated herein; provided further, that the department is hereby authorized to transfer up to three percent of the funds appropriated herein to items 4510-0103 and 4510-0105 of section two; provided further, that no such transfer shall occur before May first, nineteen hundred and ninety-seven; provided further, that thirty days before any such transfer is made, said department shall file with the house and senate committees on ways and means a schedule of the amounts to be transferred and the reason for such proposed transfer; and provided further, that said transfers from this item shall not cause a deficiency in this item.........................$1,486,739 Chap. 151 4510-0105 For the space and energy payments made by the department pursuant to the GG subsidiary, so-called, as classified by the comptroller; provided, that all funds appropriated herein shall be scheduled in the GG subsidiary, so-called; provided further, that no funds from any other item of state appropriation available to the department shall be used for said payments; provided further, that the public health hospitals funded in items 4540-0900 and 4590-0900, the center for laboratory and communicable disease control and the state laboratory funded in item 4516-1000, and the universal immunization program funded in item 4580-1000 shall not be subject to the provisions stated herein; provided further, that the department is hereby authorized to transfer up to three percent of the funds appropriated herein to items 4510-0103 and 4510-0104 of section two; provided further, that no such transfer shall occur before May first, nineteen hundred and ninety-seven; provided further, that thirty days before any such transfer is made, said department shall file with the house and senate committees on ways and means a schedule of the amounts to be transferred and the reason for such proposed transfer; and provided further, that said transfers from this item shall not cause a deficiency in this item .............$3,024,458 4510-0110 For community health center services, including smoking cessation programs .................................$1,096,939 Health Protection Fund........... ....... 71.10% General Fund........................... 28.90% 4510-0150 For the managed care program at community health centers known as CenterCare established pursuant to section twenty-four F of chapter one hundred and eleven of the General Laws; provided, that the monthly number of clients enrolled in said program shall not exceed the average monthly enrollment in said program for fiscal year nineteen hundred and ninety-six; provided further, that the department may assist professional and nonprofit agencies dedicated to the advancement of the scope and nature of services delivered in communities and community health centers and to pursue available federal technical assistance funding; and provided further, that two hundred twenty thousand three hundred and fifty dollars shall be expended Chap. 151 on a statewide program of technical assistance to community health centers to be provided by a state primary care association qualified under section 330(f)(1) of the United States Public Health Service Act at 42 USC 254c.............................................$4,347,350 Health Care Access Fund ................. 100.0% 4510-0600 For an environmental and community health hazards program, including control of radiation and nuclear hazards, consumer products protection, food and drugs, lead poisoning prevention in accordance with chapter four hundred and eighty-two of the acts of nineteen hundred and ninety-three, lead-based paint inspections in day care facilities, inspection of radiological facilities, licensing of x-ray technologists, and the administration of the division of environmental epidemiology and toxicology for the purpose of implementing certain provisions of chapter four hundred and seventy of the acts of nineteen hundred and eighty-three, the "Right-to-Know" law, so-called; provided, that the expenditures from this item for the fair packaging and labeling survey program shall be contingent upon the prior approval of the proper federal authorities for reimbursement of one hundred percent of the amounts so expended; provided further, that not less than one hundred fourteen thousand dollars shall be expended on the implementation of a program to manage the disposal of low-level radioactive waste in accordance with sections seven, eight, eleven, thirteen, and sixteen of chapter one hundred and eleven H of the General Laws; provided further, that no funds appropriated herein shall be expanded for the purpose of siting or locating a low-level radioactive waste facility in the commonwealth; and provided further, that two new food and drug inspectors be hired.............................................$2,855,721 4510-0615 The department of public health is hereby authorized to expend an amount not to exceed one hundred fifty thousand dollars from assessments collected in accordance with section five K of chapter one hundred and eleven of the General Laws for services provided to monitor, survey and inspect nuclear power reactors; provided, that the department is hereby further authorized to expend revenues not to exceed five hundred ninety-one thousand Chap. 151 two hundred and sixteen dollars from fees collected from the licensing and inspecting of users of radioactive material within the commonwealth under licenses presently issued by the nuclear regulatory commission; and provided further, that revenues collected may be used for all program costs, including the compensation of employees ..........................................$741,216 4510-0616 For a drug registration and monitoring program; provided, that the department of public health may expend an amount not to exceed five hundred fifteen thousand five hundred and four dollars from revenues collected from a fee charged to registered practitioners, including physicians, dentists, veterinarians and podiatrists, for controlled substance registration; provided further, that funds may be expended from this item for the costs of personnel; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system......$515,504 4510-0617 For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire; provided, that the radiation control program shall evaluate, implement and conduct a program of environmental radiological monitoring of nuclear power plants; provided further, that said program shall include a continuous real-time environmental radiological monitoring system for Massachusetts cities and towns located within the emergency planning zone of said nuclear power plant in Seabrook, New Hampshire; provided further, that should said department contract with a private contractor for services to provide said monitoring, then notwithstanding the provisions of any general or special law to the contrary, the provisions of section twenty-nine A of chapter twenty-nine shall be applicable; provided further, that the inspector general shall conduct a review of said contract to ensure that the provisions of chapter twelve A have been complied with; provided further, that said contract shall be subject to review by the senate and house committees on post audit Chap. 151 and oversight; provided further, that the cost of said item may be assessed on electric companies in Massachusetts which own, in whole or in part, or purchase power from the Seabrook nuclear power plant, whose nuclear power plant area, as defined by section two B of chapter six hundred and fifty, and as amended by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, includes communities located in the commonwealth; provided further, that for the purposes of said item electric companies shall be defined as all persons, firms, associations and private corporations which own or operate works or distribute electricity in the commonwealth; and provided further, that the term electric companies shall not include municipalities or municipal light plants...........................................$71,460 4510-0710 For the administration of the division of health care quality; provided, that said division shall be responsible for assuring the quality of patient care provided by the commonwealth's health care facilities and services, and for protecting the health and safety of patients who receive care and services in nursing homes, rest homes, clinical laboratories, clinics, institutions for the mentally retarded and the mentally ill, hospitals and infirmaries, including the inspection of ambulance services ...................$5,161,816 4510-0712 The department is hereby authorized to expend an amount not to exceed four hundred seventy-three thousand five hundred dollars in revenues collected from the licensure of health facilities; provided, that the department is hereby authorized to collect revenues of not less than one hundred seventy-five thousand dollars from the licensure of mammography facilities; and provided further, that revenues collected may be used for all program costs, including the compensation of employees..................$473,500 4510-0750 For the determination of need program established pursuant to section twenty-five C of chapter one hundred and eleven of the General Laws...................................$138,916 4510-0790 For regional emergency medical services; provided, that the regional emergency medical services councils designated as such in accordance with 105 CMR 170.101 and the Chap. 151 C-MED communications as of January first, nineteen hundred and ninety-two shall remain the designated councils and C-MEDs; and provided further, that not less than sixty-eight thousand dollars shall be made available for region one, not less than eighty-eight thousand dollars shall be made available for region two, not less than eighty-eight thousand dollars shall be made available for region three, not less than eighty-eight thousand dollars shall be made available for region four, and not less than sixty-eight thousand dollars shall be made available for region five ..........................................$400,000 Local Aid Fund......................... 100.0% 4512-0103 For acquired immune deficiency syndrome prevention and treatment; provided, that not less than six hundred seventy-nine thousand dollars shall be expended on comprehensive family planning providers for AIDS prevention education; provided further, that two million dollars shall be expended from this item for early screening and treatment necessary to reduce hospitalization and avoid medicaid costs by delaying the onset of fully symptomatic AIDS; and provided further, that not less than six hundred thousand dollars shall be expended for combination drug therapy services .................$41,363,388 General Fund........................... 84.72% Health Protection Fund ................... 15.28% 4512-0110 For rental housing subsidies for the purposes of preventing institutionalization in acute hospitals, chronic hospitals, and nursing homes; provided, that the department may contract for the administration of said program; provided further, that the costs of said administrative contract shall not be expended from this item; provided further, that rents payable by tenants shall be not less than thirty percent of total household income if heat and cooking fuel are provided by the landlord and shall be not less than twenty-five percent of total household income if heat and cooking fuel are not provided; provided further, that no funds shall be expended for subsidies for housing units in excess of the number of units funded on June thirtieth, nineteen hundred and ninety-one; and provided further, Chap. 151 that the department shall not enter into any new housing contracts or expend funds for such new contracts in fiscal year nineteen hundred and ninety-seven that would fund units in excess of the number of units funded on June thirtieth, nineteen hundred and ninety-six..................$118,800 4512-0200 For the administration of the division of substance abuse services, including a program to reimburse driver alcohol education programs for services provided for court adjudicated indigent clients; provided, that not less than nine million eight hundred forty-three thousand two hundred and fifty-nine dollars shall be expended for detoxification services, including not less than two million dollars for detoxification beds targeted to homeless individuals; provided further, that not less than five hundred thousand dollars shall be expended for AIDS education for clients served by said program; provided further, that not less than five hundred and sixty-five thousand dollars shall be expended for the Celeste House; provided further, that not less than sixty-six thousand dollars shall be expended for the "CASPAR" emergency service center, so-called in Cambridge; provided further, that not less than six hundred fifty thousand three hundred and fifty dollars shall be expended for a contract with Sobriety Treatment, Education and Prevention, Inc., doing business as STEP, Inc.; provided further, that not less than three hundred fifty thousand dollars shall be allocated to provide three pilot child care programs, one family day care system model and two on-site traveling models for the children of parents in ambulatory drug and alcohol treatment; provided further, that not less than five hundred thousand dollars shall be expended for the treatment and detoxification of intravenous drug users who test positive for HIV, so-called; provided further, that not less than two hundred thousand dollars shall be expended for a residential program to provide alcohol and drug treatment services to Hispanic women in the commonwealth; provided further, that not less than two hundred fifty thousand dollars shall be expended for a system of case management and central intake for substance abuse treatment services in the city of Boston; provided further, Chap. 151 that not less than eighty thousand dollars shall be expended for substance abuse consultant services for the department of social services; provided further, that the commissioner of the department of public health is hereby authorized and directed to enter into an interagency service agreement with the department of social services to provide said consulting services; provided further, that two hundred forty thousand dollars shall be expended for additional detoxification services; provided further that four hundred thousand dollars shall be expended for an acute treatment program for detoxification and stabilization services for civilly committed women; provided further, that not less than sixty thousand dollars shall be allocated for Bay Colony Health Services, Inc.; provided further, that not less than two million dollars shall be expended for the purchase of long-term residential treatment beds operated by agencies contracting with the department of public health as of January first, nineteen hundred and ninety-six; provided further, that not less than two million dollars be allocated to expand the purchase of outpatient treatment services to high risk populations in agencies contracted with the department of public health as of January first, nineteen hundred and ninety-six; provided further, that not less than thirty-six thousand dollars of said allocation shall be expended for the Tynan Community Center Adolescent Wellness program in the city of Boston; and provided further, that no less than fifty-eight thousand four hundred and twenty dollars shall be expended for a contract with Gavin House to provide a pilot total immersion program in conjunction with the probation department of the South Boston division of the district court department of the trial court...............$37,730,482 General Fund........................... 66.77% Health Protection Fund................... 33.23% 4512-0225 The department is hereby authorized to expend for a compulsive gamblers treatment program an amount not to exceed three hundred forty-three thousand dollars from unclaimed prize money held in the State Lottery Fund for more than one year from the date of the drawing when said Chap. 151 unclaimed prize money was won; provided, that the state comptroller is hereby authorized and directed to transfer said amount to the General Fund.........................$343,000 4512-0500 For dental health services...............................$1,312,605 4513-1000 For the administration of the division of family health services, including a program of maternal and child health in addition to any federal funds received for this program; provided, that not less than two hundred fifty thousand dollars shall be expended for community-based prenatal outreach and education programs targeted to those communities with severe infant mortality issues; provided further, that not less than twenty million one hundred thirty-five thousand six hundred and thirty-nine dollars shall be expended for early intervention services; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of units of service purchased and the total expenditures for said units of service paid by the department, the division of medical assistance, and by private payers for early intervention services for each of the following units: home visit, center-based individual, child focused group, parent focused group, screening, and assessment; provided further, that the department shall fund not less than thirty-nine full time equivalent employees for the early intervention program; provided further, that the department shall make all reasonable efforts to secure third party and medicaid reimbursements for the early intervention services funded herein; provided further, that nothing herein shall give rise to enforceable legal rights to any such services or an enforceable entitlement to the early intervention services funded herein; provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement; provided further, that notwith standing any general or special law to the contrary, the funds made available herein shall be the only state funds available for said early intervention program, and the department shall not spend funds for said program in excess of the amount made available herein; provided further, that not less than one hundred and seven thousand Chap. 151 dollars be expended for the Our Babies/Our Future program; provided further, that one hundred thousand dollars shall be expended for the "Women Enjoying Longer Lives" program; provided further, that not less than one hundred thousand dollars be expended for the purposes of section fifty-one of chapter one hundred and eleven of the General Laws and section ten of chapter two hundred and eighteen of the acts of nineteen hundred and ninety-five; provided further, that said department shall file a report with the joint committee on health care no later than December thirty-first, nineteen hundred and ninety-six for the purpose of establishing a mechanism for the collection of data concerning the implementation of and hospital compliance with chapter two hundred and eighteen of the acts of nineteen hundred and ninety-five; provided further, that not less than thirty-five thousand dollars be expended for the Framingham teen parenting program; provided further, that an amount not to exceed five hundred thousand dollars may be expended for reimbursements to providers for early intervention services rendered in the prior fiscal year resulting from a denial of third party reimbursement claims; provided further, that riot less than one million seven hundred eighty-three thousand five hundred dollars shall be expended for rape prevention and victim services; provided further, that not less than three million two hundred and sixty-three thousand dollars shall be expended for family planning services provided by agencies certified as comprehensive family planning agencies; provided further, that not less than seventy-five thousand dollars shall be expended for a program for the promotion of preventive medicine through physical fitness and sports activities in the commonwealth to be administered by the governor's committee on physical fitness and sports; provided further, that not less than one million two hundred ninety thousand sixty-three dollars shall be expended for school and community-based teen health programs; provided further, that not less than two hundred thousand dollars shall be provided to the Northeastern university conflict resolution program; provided further, that not less than seventy-nine thousand Chap. 151 two hundred dollars shall be expended for the North Quabbin domestic violence prevention program created in this act; and provided further, that not less than one hundred thousand shall be expended for Mujeres Y Ninos to provide a full-time child advocate-parent educator specialist to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents, and/or mothers recently reunified with children..........$30,664,158 Health Protection Fund ................... 54.11% General Fund........................... 45.89% 4513-1002 For women, infants, and children's (WIC) nutrition services in addition to funds received under the federal nutrition program; provided, that all new WIC cases, in excess of fiscal year nineteen hundred and ninety-one caseload levels, shall be served in accordance with priority categories one through seven, as defined by the state WIC program; provided further, that within thirty days of the effective date of this act, the department shall report to the house and senate committees on ways and means the total number of cases which can be supported with funds from this item without incurring a deficiency; provided further, that the department shall report quarterly to the house and senate committees on ways and means the total number of clients served per month and the total food voucher expenditures per month for the WIC program; and provided further, that not less than six hundred two thousand dollars shall be obligated for failure to thrive programs ........................................$13,907,498 General Fund........................... 73.30% Health Protection Fund................... 26.70% 4513-1005 For the healthy start program to provide medical care and assistance to pregnant women and infants residing in the commonwealth pursuant to section twenty-four D of chapter one hundred and eleven of the General Laws; provided, that pursuant to an interagency agreement established with the division of medical assistance, the department of public health shall determine the presumptive eligibility of low-income pregnant women for services available under Title XIX and chapter one hundred and eighteen E of the General Laws .............$6,446,604 Health Protection Fund................... 68.35% Chap. 151 General Fund........................... 31.65% 4513-1012 The department of public health may expend an amount not to exceed twenty million five hundred thousand dollars from revenues received from the infant formula price enhancement system, for the purpose of increasing the caseload of the WIC program ........................$20,500,000 4513-1111 For an osteoporosis education and prevention program; provided, that the program shall include, but not be limited to: (1) development or identification of educational material to promote public awareness of the cause of osteoporosis, options for prevention, the value of early detection, and possible treatments, including their benefits and risks, to be made available to consumers, particularly targeted to high risk groups; (2) development or identification of professional education programs for health care providers; and (3) development and maintenance of a list of current providers of specialized services for prevention and treatment of osteoporosis ........$500,000 Health Protection Fund................... 69.65% General Fund........................... 30.35% 4513-1112 For a prostate cancer prevention, education, and treatment program..........................................$1,000,000 4516-1000 For the administration of the center for laboratory and communicable disease control, including the division of communicable venereal diseases, the division of tuberculosis control, and the state laboratory institute; provided, that the department shall give priority to services to analyze samples used in prosecution of controlled substances offenses; provided further, that not less than two hundred sixty-three thousand two hundred and forty-four dollars shall be expended for the maintenance of the statewide rabies control program coordinated by the department of public health providing assistance to cities, collaboration through the rabies advisory committee, the twenty-four hour epidemiological and clinical consultation for rabies exposures, the rapid laboratory diagnostic services, and for the continuation of the raccoon rabies vaccine field trial on Cape Cod operated through a contract with Tufts university school of veterinary medicine in col- Chap. 151 laboration with the federal centers for disease control and prevention; provided further, that funds shall be expended for an eastern encephalitis testing program and towns, and , the public, and for the interagency for tuberculosis testing and treatment services; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein ..........$10,479,615 4518-0100 For the health statistics program and for the operation of a cancer registry and occupational lung disease registry ......$1,003,038 Health Protection Fund................... 82.96% General Fund........................... 17.04% 4518-0200 The department is hereby authorized to expend an amount not to exceed two hundred thousand dollars generated by fees collected from the following services: amendments of vital records by the registrar of vital records and statistics, all requests for vital records not issued in person at the offices of the registry, and research requests performed by registry staff at the registry of vital records; provided, that revenues so collected may be used for all program costs, including the compensation of employees; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system....................$200,000 4530-9000 For teenage pregnancy prevention services; provided, that applications for such funds shall be administered through the department upon receipt and approval of coordinated community service plans to be evaluated in accordance with guidelines issued by the department; provided further, that portions of said grants may be used for state agency purchases of designated services identified by said community service plans; and provided further, that not less than one hundred thousand dollars shall be expended for such plans and programs in Berkshire County..........$4,177,460 4540-0900 For the maintenance of and for certain improvements to the department of public health hospitals; provided, that Tewksbury hospital shall not be used to house county, Chap. 151 state or other prisoners; provided further, that the department shall take no action to reduce or realign the client population and services at the Tewksbury state hospital unless such action results in alternative service delivery in an appropriate and cost-effective method of care; provided further, that staffing configurations at said hospital shall be consistent with said client population and service realignment; provided further, that not less than twenty-five thousand dollars shall be expended for an adult day service program; and provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein ..........$34,779,869 4570-1500 For an early breast cancer detection program, mammographies for the uninsured, breast cancer research, and a breast cancer detection public awareness program; provided, that not less than one million five hundred thousand dollars shall be expended for the purposes of a scientific research grant program to investigate potential environmental factors that contribute to breast cancer in "areas of unique opportunity"; provided further, that not less than two million dollars shall be expended for a breast cancer research grant program to support innovative research by investigators who are in the formative stages of their careers; provided further, that the department shall name one of the said research grants the "Suzanne Sheats Breast Cancer Research Fellowship"; provided further, that said research grants shall be awarded to investigators, post-doctoral fellows and assistant professors who are within ten years after completion of their highest degree or within ten years after completion of clinical training; provided further, that members of any selection review committee for the breast cancer research grant program shall be subject to chapter two hundred and sixty-eight A and shall not participate in the review or recommendation of an application filed by an organization with which they are affiliated; provided further, that such members may participate in the review and recommendations of applications filed by organizations with which they are not affiliated; and provided further, that one hundred ninety-four thousand five hundred dollars may be expended for Chap. 151 the Breast Cancer Resource Guide, published by the university of Massachusetts medical center and the American cancer society in English, Spanish and large print, as well as the Breast Health Guide, the primary goal of which is to improve access to care for women in the commonwealth through screening, diagnosis and treatment.... $6,136,519 General Fund........................... 87.51% Health Protection Fund................... 12.49% 4580-1000 For the universal immunization program established pursuant to section one hundred and forty-one of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine and section forty-five and forty-six of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one; provided, that no funds appropriated herein shall be expended for administrative or energy expenses of the department not directly related to personnel or programs funded herein; and provided further, that space rental expenditures from this item in fiscal year nineteen hundred and ninety-seven shall not exceed the cost of said expenditures in fiscal year nineteen hundred and ninety-six .............................$10,585,035 Health Care Access Fund ................. 100.0% 4580-1230 For medical respite services provided by the health care for the homeless program established pursuant to section twenty-four F of chapter one hundred and eleven of the General Laws........................................$300,000 Health Care Access Fund ................. 100.0% 4590-0300 For the smoking prevention and cessation program established pursuant to chapter two hundred and fifty-four of the acts of nineteen hundred and ninety-two; provided, that not less than four million three hundred fourteen thousand, six hundred sixty-two dollars shall be allocated from this item to the executive office of public safety to administer a discretionary grant program for city and town drug awareness and resistance education programs, to be known as D.A.R.E. programs, which shall include information about the health risks of cigarette smoking and shall include the participation of local and state police officers, subject to the supervision of the department of Chap. 151 public health; provided further, that the salary of the statewide D.A.R.E. coordinator shall be paid from said allocations; provided further, that priority shall be given to funding programs in communities with high smoking rates among women; provided further, that not less than twelve thousand eighty-one dollars of said four million three hundred fourteen thousand six hundred sixty-two dollars shall be expended for the "Here's Looking at You 2,000" and "Pals for Wellness" drug education programs, so-called, in the town of Cohasset; provided further, that not less than thirteen million eight hundred six thousand nine hundred nineteen dollars shall be allocated from this item to the department of education for grants to cities, towns and regional school districts for comprehensive health education programs, including education on smoking prevention; provided further, that any funds distributed under this item shall be deposited with the treasurer of any such city, town or regional school district, held in a separate account and expended without further appropriation by the school committee; provided further, that not less than five million one hundred seventy-seven thousand five hundred and ninety-five dollars shall be expended from this item for a school health service program, including enhanced school and health centers; provided further, that programs funded in this item shall include an educational component and campaign on smokeless tobacco; provided further, that the department of public health and the department of education shall jointly establish standards and criteria for said school health service programs; provided further, that not less than one million one hundred forty-seven thousand seven hundred dollars shall be expended for tobacco control coalitions; provided further, that not less than two hundred fifteen thousand seven hundred thirty-three dollars shall be expended for a discretionary grant program available to nonprofit organizations operating satellite programs which provide outreach services to teenagers involving substance abuse prevention, health programs and community service in the context of recreation and youth development; provided further, that not less than one million seventy-eight thousand six hundred sixty-six dollars shall Chap. 151 be expended for the student awareness of fire education program (S.A.F.E.); provided further, that said amount shall be allocated to the executive office of public safety to administer a discretionary grant program for city and town student awareness of fire education programs, which shall include information about the fire risks caused by smoking; provided further, that no funds shall be expended from this item for an interagency service agreement with the department of revenue; provided further, that no funds appropriated herein shall be expended for administrative, space leasing or energy expenses of the department; provided further, that two hundred thousand dollars shall be allocated from this item to the Berkshire County area health education center, inc. for programs including but not limited to alcohol, drug and tobacco prevention; and provided further, that said two hundred thousand dollars shall be in addition to any amount previously made available for this purpose............................$55,810,349 Health Protection Fund................... 100.0% 4590-0900 The department is hereby authorized to expend an amount not to exceed sixty-three million five hundred forty-eight thousand four hundred and nineteen dollars from reimbursements collected for hospital services, subject to the approval of the commissioner of public health; provided, that such revenues may be expended for the purpose of hospital related costs, including personnel, capital expenditures, and motor vehicle replacement; provided further, that all revenues expended shall be pursuant to schedules submitted to the secretary of administration and finance and the house and senate committees on ways and means; provided further, that notwithstanding the provisions of any general or special law to the contrary, the western Massachusetts hospital shall be eligible to receive and retain full reimbursement from the medical assistance program of the division of medical assistance; provided further, that notwithstanding the provisions of any general or special law to the contrary, said western Massachusetts hospital shall reimburse the General Fund for a portion of employee benefit expenses, according to a schedule submitted by the Chap. 151 commissioner of public health and approved by the secretary of administration and finance; provided further, that such reimbursement shall not exceed ten percent of total personnel costs for said hospital; provided further, that the department shall take no action to reduce or align the client population and services at the Tewksbury state hospital unless such action results in alternative service delivery in an appropriate and cost effective method of care; provided further, that said staffing configurations at said hospital shall be consistent with said client population and service realignment; provided further, that funds may be expended from this item for the costs of personnel; provided further, that for the purpose of accomodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that no funds appropriated herein shall be expended for administrative, space or energy expenses of the department not directly related to personnel or programs funded herein; and provided further, that reimbursements received for medical services provided at the Lemuel Shattuck hospital to inmates of county correctional facilities not managed by private health care vendors shall be credited to item 4590-0903 of section two B of this act .......:....................$63,548,419 4590-0902 For the Tewksbury hospital school of nursing; provided, that the department shall study the possibilities of coordinating the licensed practical nurse training with similar programs offered by area public institutions of higher learning.........$344,899 4590-0906 For the children's medical security plan to provide primary and preventive health services for uninsured children from birth through age twelve pursuant to the provisions of chapter one hundred and eleven E of the General Laws; provided, that the department shall pre-screen enrollees and applicants for medicaid eligibility; provided further, that no funds shall be expended from this item for expenses incurred in the prior fiscal year; provided further, that the department shall maximize federal reimbursement Chap. 151 for state expenditure made on behalf of said children; provided further, that the department shall close enrollment or promulgate regulations that adjust eligibility, benefits and other requirements to limit expenditures to the amount appropriated herein; provided further, that the amount appropriated herein shall be the total amount expended for the current fiscal year; and provided further, that the department shall negotiate with the vendor of said program to ensure that rates paid for the administration of the program do not exceed such rates as are necessary to meet only those costs which must be incurred for an economically and efficiently operated program ..........$11,597,500 Health Care Access Fund................. 100.0% Federal Appropriations 4500-1000 For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant; provided, that not less than four hundred and fifty thousand dollars shall be obligated to the emergency medical services regions; and provided further, that not less than five hundred and eighty-five thousand dollars be obligated for rape prevention and victim services.........................$5,143,373 4500-2000 For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant; provided that the department shall review and assess the process by which it allocates resources under the appropriation; provided further that the said process shall involve the use of a needs assessment that clearly considers the magnitude, severity, and degree of risk for identified health problems within individual communities; and provided further, that a specific focus will be taken to support programs serving communities and neighborhoods with high poverty rates . .. $12,801,427 4502-1012 For the purposes of a federally funded grant entitled, Cooperative Health Statistics System.....................$380,000 4510-0109 For the purposes of a federally funded grant entitled, State Loan Repayment Project...............................$250,000 4510-0113 For the purposes of a federally funded grant entitled, Massachusetts Office of Rural Health .....................$60,000 Chap. 151 4510-0118 For the purposes of a federally funded grant entitled, Primary Care Cooperative Agreement ............................$99,000 4510-0400 For the purposes of a federally funded grant entitled, Medicare and Medicaid Survey and Certification..........$4,510,082 4510-0500 For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement Amendments....................$493,136 4510-0618 For the purposes of a federally funded grant entitled, HARP.......$40,000 4510-9014 For the purposes of a federally funded grant entitled, Mammography Quality Standards Act Inspections...........$208,433 4510-9019 For the purposes of a federally funded grant entitled, Environmental Monitoring Program.......................$47,736 4510-9040 For the purposes of a federally funded grant entitled, Diabetes Control Program .....................................$297,500 4510-9043 For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Impact Health Assessments.............................$413,504 4510-9048 For the purposes of a federally funded grant entitled, Indoor Radon Development Program...........................$170,845 4512-0102 For the purposes of a federally funded grant entitled, Sexually Transmitted Disease Control............................$851,743 4512-0179 For the purposes of a federally funded grant entitled, Vaccination Assistance Project........................$7,842,215 4512-9415 For the purposes of a federally funded grant entitled, Boston Drug Treatment Improvement Project.....................$651,966 4512-9425 For the purposes of a federally funded grant entitled, Massachusetts Critical Populations.......................$442,571 4512-9426 For the purposes of a federally funded grant entitled, Uniform Alcohol and Drug Abuse Data Collection...................$20,713 4512-9427 For the purposes of a federally funded grant entitled, State Demand and Needs Assessment Studies/Alcohol and Other Drugs (Treatment)....................................$489,385 4512-9428 For the purposes of a federally funded grant entitled, State Demand and Needs Assessment Studies/Alcohol and Other Drugs (Prevention) ...................................$335,112 Chap. 151 4512-9429 For the purpose of a federally funded grant entitled, HIV/STD/TB Risk Reduction ..........................$396,336 4513-0110 For the purpose of a federally funded grant entitled, Supportive Housing...................................$715,825 4513-0111 For the purpose of a federally funded grant entitled, Housing Opportunities-People with AIDS ........................$704,360 4513-9000 For the purposes of a federally funded grant entitled, WIC Patient Flow Analysis ..................................$85,000 4513-9007 For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants and Children (WIC); provided, that the department shall report quarterly to the secretary of administration and finance, the joint committee on federal financial assistance, and the house and senate committees on ways and means on all expenditures from this item and the state nutrition program for women, infants and children, including the numbers of participants in each program.........................$55,697,699 4513-9018 For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education/Risk Reduction Program ....................$7,513,149 4513 -9021 For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps ................$8,492,708 4513-9022 For the purposes of a federally funded grant entitled, Prevention Disability State Based Project..................$542,106 4513-9026 For the purposes of a federally funded grant entitled, Families C.A.N. - Care and Nurturance for At-Risk Families..........$450,000 4513-9027 For the purposes of a federally funded grant entitled, Massachusetts Care - Community AIDS Resource Enhancement........................................$418,031 4513-9030 For the purposes of a federally funded grant entitled, Planning a Comprehensive Primary Care System for All Massachusetts Children and Youth.......................$112,670 4513-9035 For the purposes of a federally funded grant entitled, AIDS Surveillance.......................................$1,032,872 4513-9037 For the purposes of a federally funded grant entitled, Ryan White Comprehensive AIDS Resources.................$3,396,600 Chap. 151 4513-9038 For the purposes of a federally funded grant entitled, Shelter Plus Care - Worcester.................................$239,000 4513-9041 For the purposes of a federally funded grant entitled, Managed Care Enhancement Project......................$259,980 4513-9043 For the purposes of a federally funded grant entitled, Home Visiting for At-Risk Families ............................$20,000 4513-9044 For the purposes of a federally funded grant entitled, Evaluating Impact of 1993 AIDS CASE Definition..........$390,246 4513-9045 For the purposes of a federally funded grant entitled, MA Women's HIV Advocacy Project.........................$318,412 4515-0113 For the purposes of a federally funded grant entitled, Health Program for Refugees .................................$146,411 4515-0115 For the purposes of a federally funded grant entitled, Tuberculosis Control Project (317).....................$2,483,601 4516-1004 For the purposes of a federally funded grant entitled, Active Rabies Surveillance Program ............................$80,300 4516-1015 For the purposes of a federally funded grant entitled, Training Network Grant........................................$10,000 4518-0500 For the purposes of a federally funded grant entitled, National Program of Cancer Registries ...........................$643,833 4518-1000 For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index (NDI)...............................................$29,176 4518-1002 For the purposes of a federally funded grant entitled, Social Security Administration - Massachusetts Death File ..........$48,479 4518-1003 For the purposes of a federally funded grant entitled, Massachusetts Birth Records for Social Security Administration.......................................$121,000 4518-9022 For the purposes of a federally funded grant entitled, Sentinel Event Notification System for Occupational Risks...........$180,000 4518-9023 For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries............................$30,000 4518-9025 For the purposes of a federally funded grant entitled, Fatality Surveillance and Field Investigations at the State Level........$95,000 Chap. 151 4540-8200 For the purposes of a federally funded grant entitled, Transitional Housing/Shattuck Shelter....................$122,000 4570-1503 For the purposes of a federal grant entitled, Comprehensive Breast and Cervical Early Detection Program.............$3,495,995 4570-1504 For the purposes of a federal grant entitled, Prostate Cancer Early Detection Demonstration Project....................$111,004 4570-1505 For the purposes of a federal grant entitled, Skin Cancer Primary Prevention and Education .......................$100,000 Department of Social Services. Notwithstanding any provision of any general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and to the secretary of administration and finance the current social worker caseloads by type of case and level of social worker assigned to cases. Notwithstanding any provision of general or special law to the contrary, the department of social services shall report quarterly to the house and senate committees on ways and means and the secretary of administration and finance the amount expended on women-at-risk services; provided, that said report shall include the number of service units by category, utilization by category, and cost by category. Notwithstanding any provision of general or special law to the contrary, the department of social services shall not authorize purchased social services at a level that will cause expenditures to exceed appropriations; provided, that social services shall be maintained and expenditures allocated in such a manner that will not cause said services to be terminated prior to the end of the fiscal year. Notwithstanding any provision of general or special law to the contrary, the department of social services shall report monthly to the house and senate committees on ways and means and the secretary of administration and finance, the amount expended on permanency services; provided, that said report shall include the total number of children with the goal of adoption and guardianship by region, the number of new cases with the goal of adoption and guardianship by region and the number of adoptions finalized by region. Notwithstanding any provision of general or special law to the contrary, if the commissioner of the department of social services determines that funds made available pursuant to items 4800-0016, 4800-0017, 4800-0020, 4800-0030 and 4800-0041 are insufficient to fund the services for which said items may be expended, the commissioner may reallocate up to fifteen percent Chap. 151 of the funds appropriated in each of said items among said items after providing thirty days prior written notice to the house and senate committees on ways and means; provided, however, that no funds may be allocated from item 4800-0020 of section two of this act. State Appropriations 4800-0014 For costs of the revenue maximization contract, so-called, only; provided, that said costs shall be funded entirely from this item .....................................$2,200,000 4800-0015 For central and area office administration; provided, that the department shall not place a child or adolescent referred by or discharged from the care of the department of mental health until said latter department forwards an assessment and recommendation as to whether the child or adolescent may be appropriately placed in foster care or, if due to severe emotional disturbance, is only appropriate for group care; provided further, that the department, in consultation with the department of mental health, shall establish guidelines to assist said latter department in making such assessments and recommendations; provided further, that three hundred thousand dollars shall be expended on photocopying contracts for work related to termination of parental rights or care and protection proceedings; and provided further, that unless otherwise authorized, all funds including federal reimbursements received by the department shall be credited to the General Fund.........$20,908,407 4800-0016 For the family stabilization program for non-placement families experiencing instability, including, not less than two million six hundred thirteen thousand six hundred and fifty-four dollars for school and community-based young parent programs, parent aides, and education and counseling services; provided, that the department shall pursue the establishment of public/private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided further, that not less than thirty thousand dollars shall be expended for a contract with big brothers and sisters of Cape Cod and the islands; provided further, that not less than sixty-nine thousand, one hundred and ninety-three dollars be expended for the establishment of Chap. 151 a pilot comprehensive school age parenting program at Framingham high school providing direct services to teenage mothers and fathers, and, in collaboration with local education and social service providers, to conduct a long-term needs assessment of young parents in the Framingham area; provided further, that not less than one million five hundred thousand dollars shall be expended for intensive and expanded parent aid and other support services for families requiring such services for family preservation due to acute conditions; and provided further, that the department shall work in conjunction with the department of transitional assistance to obtain federal reimbursement pursuant to Title IV-A of the Social Security Act for all eligible young parent program participants ......................................$12,742,079 4800-0017 For the family unification and reunification program for non-placement families and families whose children are expected to return home following placement including, but not limited to, shelter services, substance abuse treatment, respite care and family reunification networks; provided, that the department shall expend a sum of not less than forty thousand dollars in region I for a community-based family unification counseling program to prevent juvenile delinquency; provided further, that the department shall pursue the establishment of public/private partnership agreements established for family unification and reunification services funded from sources other than the commonwealth; provided further, that not less than two hundred fifty thousand dollars shall be expended for a contract for an integrated family services team in region six; provided further, that not less than one hundred twenty thousand dollars shall be expended for family support, programming, counseling, education, job skills preparation, and integrated child care for participants in region six; and provided further, that not less than two hundred ninety-eight thousand dollars shall be expended for alternative schools for students aged fourteen to sixteen who are placed before the court on children in need of services petitions (CHINS) in region six................$25,217,840 Chap. 151 4800-0020 For permanency and adoption services, including the provision of adoption and guardianship subsidies; provided, that no funds shall be expended to provide subsidies to adoptive parents for children no longer in their care; provided further, that the department shall assess all children in its care for longer than twelve months for the appropriateness of adoption; provided further, that the department shall maintain a central registry and tracking system to monitor the progress of such children in the adoption process; provided further, that the department may contract with community-based agencies for the purpose of providing adoption and special needs adoption services; and provided further, that the department shall expend not less than three million two hundred thousand dollars for the purchase of special needs adoption contracts located at community-based agencies..................$47,571,907 4800-0025 For foster care review services...........................$1,939,176 4800-0030 For foster care services, including foster care subsidies, services to foster families and reimbursements to foster parents for extraordinary expenses incurred; provided, that the department shall establish a schedule of fees for services which shall vary with the ability of the recipient's legal family to pay; provided further, that said fees shall be imposed regardless of whether a placement is voluntary or results from an order of a court of competent jurisdiction; provided further, that no fees shall be charged to individuals and families with incomes at or below one hundred fifty percent of the federal poverty level; and provided further, that the foster care daily rate paid for subsidies in fiscal year nineteen hundred and ninety-seven shall be equal to the daily rate paid in fiscal year nineteen hundred and ninety-six, except those rate increases made pursuant to the tiered reimbursement system, so-called, established in outside section five hundred and sixty-six of this act..........................................$61,233,566 4800-0036 For a sexual abuse intervention network (SAIN) program to be administered in conjunction with the district attorneys in the counties of Barnstable, Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nan- Chap. 151 tucket, Norfolk, Plymouth, Suffolk and Worcester; provided, that said program in Barnstable county shall receive not less than sixty-seven thousand five hundred dollars from this item; and provided further, that said program in Suffolk county shall receive not less than seventy-five thousand dollars from this item ...............$682,500 4800-0041 For group care services; provided, that the department shall establish a schedule of fees for services which shall vary with the ability of the recipient's legal family to pay; provided further, that said fees shall be imposed regardless of whether the placement is voluntary or results from an order of a court of competent jurisdiction; provided further, that no fees shall be charged to individuals and families with incomes at or below one hundred and fifty percent of the federal poverty level; provided further, that unless otherwise authorized to be expended any federal reimbursements received for this purpose shall be credited to the General Fund; and provided further, that the department shall pursue the establishment of a managed care network for the commonworks program, so-called, and shall submit a plan to the house and senate committees on ways and means which details the request for proposals and the estimated savings associated with said network no later than November first, nineteen hundred ninety-six .... $97,216,473 4800-0050 For the operation of the New Chardon Street home for women located in the city of Boston ............................$548,567 4800-0150 For the administration of the area offices; provided, that the department shall not enter into rental agreements, move, or expand any existing space that would result in the expenditure of funds exceeding the amount appropriated herein; and provided further, that an area office shall be maintained in the Beverly area .......................$17,942,885 4800-0151 For a program to provide alternative overnight non-secure placements for status offenders and nonviolent delinquent youth up to the age of seventeen in order to prevent the inappropriate use of juvenile cells in police stations for such offenders, in compliance with the federal juvenile justice and delinquency prevention act of nineteen hundred and seventy-four, as amended in nineteen hundred and eighty-eight ...............................................$750,000 Chap. 151 4800-1100 For case management services, including a sufficient number of registered nurses to provide medical case management for medically- involved children in foster care, and for social workers and their expenses.....................$80,479,763 4800-1111 The department of social services, for the purposes of the foster care program and subject to the provisions of item 4800-0030 of section two, may expend an amount not to exceed twenty million dollars from federal revenues collected pursuant to the provisions of Title IV-E of the social security act; provided, that before depositing any revenue in this account, the department of social services shall first deposit at least sixty-four million five hundred thousand dollars in Title IV-E revenues in the General Fund............................................$20,000,000 4800-1115 The department of social services, for the purposes of the permanency, foster care, and group care programs, and social worker expenses and subject to the provisions of items 4800-0020, 4800-0030, 4800-0041 and 4800-1100 of section two, may expend an amount not to exceed six million dollars from federal revenues collected pursuant to the provisions of Title II, Title IV-A, Title IV-D, Title IV-E, Title XVI and Title XIX of the social security act and from the department's sliding fee collections; provided, that the department shall establish monthly benchmarks for the collection of federal reimbursements based on year-end collections of ninety-one million dollars; provided further, that before depositing any revenue in this account, the comptroller shall certify that the department's federal reimbursement collections are meeting or exceeding said benchmarks; and provided further, that not more than one million dollars shall be expended on social worker expenses....................$6,000,000 4800-1200 For partnership agencies to provide protective services; provided, that the funds appropriated herein may be expended on contracts serving minority and mentally retarded or handicapped clients........................$3,018,368 Chap. 151 4800-1400 For women-at-risk shelters and services, including supervised visitation programs; provided, that the department shall pursue the establishment of public/private partnership agreements established for family stabilization services funded from sources other than the commonwealth; provided that not less than ten thousand dollars shall be expended for the Melrose alliance against violence; provided further, that not less than fifty thousand dollars shall be expended for Children's Supervised Visitations, Inc. of Framingham; and provided further that not less than sixty-five thousand two hundred five dollars shall be expended for the North Quabbin Domestic Violence Prevention Program.................................$9,759,080 4800-1500 For domestic violence prevention specialists in the department's area offices...............................$450,000 4800-1997 For a reserve to improve the quality of services provided by the department to children in the care of the commonwealth, including but not limited to an enhanced program for recruiting and retaining foster families, including but not limited to the use of tiered reimbursement, so-called, to promote the placement of children with special medical and social needs who would otherwise be placed in structured group care facilities and the coordination of services provided by the department and the departments of public health, education, transitional assistance, mental health and mental retardation, and the juvenile courts; provided, that not more than six hundred fifty-three thousand one hundred seventeen dollars shall be obligated for the expansion of consolidated foster care and adoption recruitment units to allow for targeted recruitment, including the need for cultural and ethnic diversity; provided further, that such units shall recruit, screen, license, and provide Massachusetts approaches to partnership in parenting training for all foster and pre-adoptive families; provided further, that not more than four million dollars shall be obligated for the purpose of developing a tiered reimbursement system for foster care pursuant to section five hundred and sixty-six of this act; provided further, that the commissioner is directed to provide quarterly reports beginning October first, nineteen Chap. 151 hundred and ninety-six to the joint committee on health and human services and elderly affairs and to the house and senate committees on ways and means detailing the total number of additional foster care placements made during fiscal year nineteen hundred and ninety-seven as a result of enhanced recruitment activities; provided further, that said report shall include a separate section detailing the number of additional placements for children with special medical, psychological or social needs that have resulted from said initiatives, and any reduction in group care placements for children with such needs that have resulted from these initiatives; provided further, that not more than two hundred eighty-nine thousand seven hundred forty dollars shall be obligated to hire not more than twelve attorneys to reduce the size of legal caseloads; provided further, that the department is authorized and directed to work with law enforcement authorities including the attorney general and district attorneys to identify any need for additional legal staffing to eliminate any such backlog of adoption and care and protection cases and shall develop a plan to eliminate any such backlog through the use of contracted or temporary legal services; provided further, that the department shall file a report on the costs of implementing said plan with the house and senate committees on ways and means by October first, nineteen hundred and ninety-six; provided further, that not more than one hundred thousand dollars shall be obligated for the costs of attaining licensure as a licensed social worker associate pursuant to section five hundred and sixty-four of this act for social workers currently employed by the department who are not licensed by the board of registration of social workers; provided further, that the department shall establish a reasonable minimum duration during which social workers who have received financial assistance from the department for obtaining said license must remain with the department or refund part or all of said financial assistance; provided further, that not more than two hundred seventy-five thousand dollars shall be obligated for an enhanced training program for social workers and investigators, so-called; provided further, that not more Chap. 151 than two million three hundred thirty-nine thousand six hundred ninety-five dollars shall be obligated for the development of bridge homes, so-called, in each region; provided further, that said bridge homes shall provide extended diagnostic services not to exceed ninety days for any child and shall be geographically distributed to allow children in said placements to attend their pre-placement public school whenever possible; provided further, that not more than five hundred thousand dollars shall be obligated for child care and respite care services for foster families; provided further, that not more than fifty thousand dollars shall be obligated for a contract with an independent school of public health to assess and determine the need for nursing services within the department; and provided further, that no funds shall be transferred from this item to other items for purposes other than those listed herein......$8,207,552 Federal Appropriations 4800-0005 For the purposes of a federally funded grant entitled, Children's Justice Act .................................$197,653 4800-0007 For the purposes of a federally funded grant entitled, The Family Violence Prevention Act.........................$505,080 4800-0009 For the purposes of a federally funded grant entitled, Title IV-E Independent Living...............................$640,571 4800-0013 For the purposes of a federally funded grant entitled, Family Preservation and Support.............................$2,307,396 4899-0001 For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services..........................$4,708,631 4899-0022 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment - Basic Grant ..............................................$427,460 4899-0024 For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment - Medical Grant ...............................................$60,233 Department of Mental Health. State Appropriations 5011-0100 For the administration of the department pursuant to the pro- Chap. 151 visions of chapter nineteen of the General Laws; provided, that the department shall not refer or discharge a child or adolescent to the custody or care of the department of social services until the department of mental health forwards its assessment and recommendation as to whether said child or adolescent is appropriate for foster care, or if due to severe emotional disturbance, is only appropriate for group care; provided further, that the department is hereby authorized and directed to develop and implement by December first, nineteen hundred and ninety-six a program to coordinate twenty-four hour per day emergency medical supports for all regions, including, but not limited to, transportation and health care coordination, for individuals eligible for services provided by the department; provided further, that said services may be provided in conjunction with existing local, community based psychiatric emergency services; provided further, that in making such assessments and recommendations the department of mental health shall use guidelines developed in consultation with the department of social services; and provided further, that two hundred seventy-five thousand dollars from this item shall be placed in a reserve for an association known as the consortium, pursuant to the provisions of section five hundred and sixty-two of this act. . . $19,993,288 5042-1000 For the maintenance and operation of the secure unit at Medfield state hospital ..............................$1,522,416 5042-5000 For child and adolescent services; provided, that of the sum appropriated herein, not less than sixty-nine thousand four hundred and eight dollars shall be expended on the Franklin community action corporation in Greenfield for a youth and adolescent services program; provided further, that not less than twenty-five thousand dollars be expended for the purposes of sending children to existing summer programs funded through the department of mental health's camperships, so-called; and provided further, that not less than one hundred eighty-nine thousand dollars shall be expended for the purposes of providing educational services in institutional settings.......................$55,899,411 5046-0000 For adult mental health and support services; provided, that the department is hereby authorized to allocate funds in an Chap. 151 amount not to exceed nine million dollars from item 5095-0000 of section two, to this item, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means thirty days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that sixty thousand dollars shall be expended for comprehensive vocational rehabilitation services to be provided to mentally ill adults who are homeless or are at-risk of being homeless; provided further, that said services shall be provided at the multiservice center located in the city of Lynn by a vocational rehabilitation agency specializing in employment issues of mentally ill adults; provided further, that not less than one hundred and sixty-three thousand dollars shall be expended for western Massachusetts community enterprise programs; provided further, that not less than three hundred ninety-four thousand five hundred and two dollars shall be expended for the lighthouse clubhouse program, so-called, in the city of Springfield; provided further, that not less than forty-three thousand four hundred sixty dollars shall be expended for the provision of community based case management for participants in the tenant-based rental assistance program funded under HUD's shelter plus care program, administered by Quincy interfaith sheltering coalition in conjunction with the Quincy housing authority; provided further, that any allocations from this item for services provided in the metro-Boston area, so-called, shall not cause funding decreases in other areas; provided further, that the department shall report to the house and senate committees on ways and means on the historical causes of the funding deficiency in the metro-Boston area no later than August fifteenth nineteen hundred ninety-six; and provided further, that of the amount appropriated herein and notwithstanding any transfers to this item from item 5047-0001, the department may encumber prior to April first nineteen hundred ninety-seven an amount not to exceed one hundred twenty-four million five hundred fifty-one thousand seven hundred eighty-six dollars for contracted services paid from the MM subsidiary, so-called; provided further, that Chap. 151 oh or after said date the department may encumber the greater of forty-one million five hundred seventeen thousand two hundred sixty-two dollars or the unexpended balance in the MM subsidiary of this item as certified in writing by the comptroller to the house and senate committees on ways and means and the secretary of administration and finance .........................$194,770,444 5046-1000 For rental subsidies to eligible clients; provided, that the department shall establish the amounts of said subsidies so that payment thereof and of any other commitments from this item shall not exceed the amount appropriated herein... . $2,607,550 5046-2000 For statewide homelessness services; provided that not less than two hundred thousand dollars shall be expended for a program by project AIM, so-called, of community enterprises for residents of Berkshire county who have a dual diagnosis of major mental 'illness and substance abuse, and who have either been homeless or are in jeopardy of becoming homeless .......................$7,982,743 5046-3000 For metro-Boston homelessness prevention services..........$6,095,000 5046-4000 The department of mental health is hereby authorized to expend revenues collected up to a maximum of one hundred twenty-five thousand dollars from occupancy fees charged to the tenants in the creative housing option in community environments, the CHOICE program, so-called, authorized by chapter one hundred sixty-seven of the acts of nineteen hundred eighty-seven; provided, that all such fees collected shall be expended for the routine maintenance and repair of facilities in the CHOICE program, so-called, including the costs of personnel .........$125,000 5046-9999 For the payment of charges assessed to the department of mental health for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided that, notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of mental health, with Chap. 151 the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to the KK subsidiary, so-called; or the NN subsidiary, so-called; of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the department is expected to meet the revenue targets established in sections one A and B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that, no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein..........$7,854,776 5047-0001 For the designated emergency programs and acute mental health care replacement units; provided, that the department is authorized to enter into an interagency service agreement with the division of medical assistance for the purchase of said services and for such other services as said agreement may provide, including, but not limited to, acute inpatient care and diversionary services; provided further, that said agreement shall be entered into not earlier than thirty days and not later than sixty days from the effective date of this act; provided further, that part or all of an amount not to exceed nine million dollars or the most recent savings projection from the implementation of said agreement may be transferred from Chap. 151 this item to item 5046-0000 or 5042-5000 for services to consumers; provided further, that of said nine million dollars, the first four million three hundred thousand dollars shall be expended for services for the Northeast area, so-called; provided further, that prior to obligating said transferred funds, the department shall certify to the secretary of the executive office of administration and finance that the department will incur no deficiency for any item of appropriation in fiscal year nineteen hundred and ninety-seven; provided further, that the department shall report to the house and senate committees on ways and means not later than February first, nineteen hundred and ninety-seven on the use of any funds so obligated and certified, including, but not limited to, the number of clients served, the types of services purchased by region, and the annualized impact of said expenditures in the subsequent fiscal year; provided further, that the department of mental health is hereby authorized and directed to conduct an investigation as to the distribution of funds among regions and report such findings to the house and senate committees on ways and means no later than October first, nineteen hundred ninety-six; and provided further, that such findings shall include, but not be lmited to, any formulas needed for distribution of funds and any other factors which indicate fund distribution to the various regions of the department and recommendations for providing more equitable regional funding...........$40,969,231 5051-0100 For community mental health centers ....................$77,566,955 5055-0000 For forensic services; provide further, that not less than two hundred eighty-two thousand dollars shall be expended for mental health services at the Barnstable and Middlesex county houses of correction...........................$7,372,461 5095-0000 For adult inpatient and facilities' services; provided, that the department is hereby authorized to allocate funds in an amount not to exceed nine million dollars from this item to item 5046-0000, as necessary, pursuant to allocation plans submitted to the house and senate committees on ways and means thirty days prior to any such transfer, for residential and day services for clients formerly receiving care at department facilities; provided further, that the department Chap. 151 shall comply with the provisions of section five hundred and seventy-three of this act ........................$102,003,378 Federal Appropriations 5012-9121 For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness ............$458,000 5021 -9106 For the purposes of a federally funded grant entitled, Mental Health Systems Improvement Demonstration Grant..........$149,017 5046-9102 For the purposes of a federally funded grant entitled, Shelter Plus Care...........................................$240,000 Department of Mental Retardation. State Appropriations 5911-1000 For administration of the department pursuant to the provisions of chapter nineteen B of the General Laws; provided, that four hundred seventy-five thousand dollars from this item shall be placed in a reserve for an association known as the consortium, pursuant to the provisions of section five hundred and sixty-two of this act...........$4,972,072 5911-1001 Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation may expend an amount not to exceed one million dollars from revenues received pursuant to the home and community-based waiver initiative, so-called, for the administration of said department; provided, that no funds shall be expended from this item until the secretary of administration and finance shall certify in writing to the house and senate committees on ways and means that not less than six million dollars from said initiative has been deposited in the general fund; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system..................$1,000,000 5911-2000 For transportation costs associated with the adult services program; provided, that the department shall provide trans- Chap. 151 portation on the basis of priority of need as determined by the department; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that transportation services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means...........................................$24,918,805 5911-9999 For the payment of charges assessed to the department of mental retardation for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided that, notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of mental retardation, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to the KK subsidiary, so-called; or the NN subsidiary, so-called; of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met; (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the Chap. 151 department is expected to meet the revenue targets established in sections one A and B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; provided further, that no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means ........$12,860,475 5920-1000 For the operation of the adult services program; provided, that not less than forty-four thousand seventy-five dollars shall be expended from this item for a program at the life focus center in Charlestown; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means; provided further, that the department is Chap. 151 hereby authorized to transfer two hundred and twenty-four adult services administrative support positions to this item from items 5920-2010, 5930-1000, and 5930-2000; and provided further, that the department of personnel administration and the office of the comptroller shall assist in the reassignment of said positions...................$38,878,556 5920-2000 For vendor-operated community-based residential adult services and for eight million five hundred thousand dollars in annualized funding for priority one turning twenty-two clients who began receiving services for fiscal year nineteen hundred and ninety-six pursuant to item 5920-5000 of section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department notifies the house and senate committees on ways and means; provided further, that not more than five hundred thousand dollars shall be expended for the care of individuals transferred to the care of the department from the department of public health; provided further, that not less than one hundred thousand dollars shall be expended for the Massachusetts special Olympics, so-called; and provided further that, no less than one hundred thousand dollars shall be expended for increased mentor programs statewide.. $271,401,093 5920-2010 For state-operated community-based residential services for adults; provided, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the Chap. 151 commissioner of the department notifies the house and senate committees on ways and means; provided further, that the department is hereby authorized to transfer six hundred and twenty-nine state-operated residential care positions to this item from items 5920-1000 and 5930-1000 of section two; and provided further, that the department of personnel administration and the office of the comptroller shall assist in the reassignment of said positions.........................................$67,024,237 5920-2025 For community-based day and work programs for adults; provided, that not less than sixty-five thousand dollars shall be expended for an alternative work program at the life focus center in Charlestown; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means.......................$67,421,823 5920-2040 For community-based health services for adults; provided, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means...........................................$11,046,488 5920-3000 For respite services; provided, that the department shall pursue the highest rates of federal reimbursement possible for such services; provided further, that not less than forty-four thousand seventy-five dollars shall be expended Chap. 151 from this item for a program at the life focus center in Charlestown; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means.............................$36,764,670 5920-5000 For services for clients of the department who turn twenty-two years of age during state fiscal year nineteen hundred and ninety-seven; provided, that the amount appropriated herein shall not annualize to more than eight million five hundred thousand dollars in fiscal year nineteen hundred and ninety-eight; provided further, that not more than one hundred and sixty clients shall receive services funded from this item in fiscal year nineteen hundred and ninety-seven; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means..............................$4,400,000 5920-6000 For services to the older unserved; provided, that not less than three million five hundred thousand dollars shall be expended for the purpose of providing services to clients Chap. 151 who remain at home; provided further, that nothing herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein; provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means........................$6,750,000 5920-8000 For the child and adolescent services program; provided, that the commissioner of the department of mental retardation is hereby authorized to transfer funds from this item to item 5920-8010 of section two of this act, pursuant to an allocation plan, which shall detail by subsidiary and contract the distribution of said funds to be transferred and which said commissioner shall file with the house and senate committees on ways and means fifteen days prior to any such transfer; provided further, that not less than four hundred thirty-seven thousand dollars shall be expended for support services for families of children with autism; provided further, that not less than forty-four thousand seventy-five dollars shall be expended from this item for a program at the life focus center in Charlestown; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the Chap. 151 house and senate committees on ways and means .........$4,036,077 5920-8010 For the residential expenses associated with school placements of children and adolescents between the ages of four and twenty-one, inclusive; provided, that the commissioner of the department of mental retardation is hereby authorized to transfer funds from this item to item 5920-8000 of section two of this act, pursuant to an allocation plan, which shall detail by subsidiary and contract the distribution of said funds to be transferred and which said commissioner shall file with the house and senate committees on ways and means fifteen days prior to any such transfer; provided further, that in the event expenditures and encumbrances for the purposes of this item exceed the amount appropriated herein, the comptroller is hereby authorized and directed to transfer the amount of any such deficiency from item 5911-1000 to this item to ensure that services are maintained throughout fiscal year nineteen hundred and ninety-seven; and provided further, that notwithstanding the provisions of any general or special law to the contrary, no such transfer shall occur until the commissioner of the department of mental retardation notifies the house and senate committees on ways and means................................$500,000 5930-1000 For the operation of facilities for the mentally retarded; provided, that the commissioner of the department of mental retardation is hereby authorized to transfer funds from this item to items 5920-2000, 5920-2010 and 5920-2025 of section two, pursuant to an allocation plan, which shall detail by subsidiary and contract the distribution of said funds to be transferred and which said commissioner shall file with the house and senate committees on ways and means fifteen days prior to any such transfer; provided, however, that not more than three million dollars shall be transferred from this item in fiscal year nineteen hundred ninety-seven; provided further, that the department shall comply with the provisions of section five hundred and seventy-three of this act; provided further, that the department is prohibited from making capital or debt service payments to the South Essex Sewerage District from this or any other item of appropriation made available Chap. 151 to the department; provided further, that the department is hereby authorized to transfer eight hundred and forty-six community administrative support and state-operated residential care positions from this item to items 5920-1000 and 5920-2010 of section two; and provided further, that the department of personnel administration and the office of the comptroller shall assist in the reassignment of said positions........................................$189,070,852 5930-2000 For the maintenance and operation of the Glavin regional center; provided, that the department is hereby authorized to transfer eight community administrative support positions from this item to item 5920-1000 of section two......$5,549,314 Federal Appropriation 5947-0004 For the purposes of a federally funded grant entitled, Project Engage Temporary Child Care for Children with Disabilities..........................................$179,572 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. Office of the Secretary. State Appropriations 6000-0100 For the office of the secretary of transportation and construction; provided, that said office shall submit to the house and senate committees on ways and means quarterly reports detailing all personnel-related expenditures made from capital funds; provided further, that said reports shall delineate for the executive office and for each agency, board, authority or commission under its control, the amounts paid in the prior quarter as compensation for each type of position assigned to capital projects that were charged to each such funding source; provided further, that said report shall also delineate by funding source any other amounts paid for personnel-related costs that were charged to said funds, including payroll allocations for budgetary employees, fringe recovery and other chargebacks; provided further, that said report shall identify the number of full time equivalent personnel classified in each position type; and provided further, that said report shall delineate said information for full time employees, part-time employees and contracted personnel...............................$285,265 Chap. 151 Highway Fund.......................... 100.0% 6000-0110 The executive office of transportation and construction may expend, for the purpose of property management and maintenance of railroad properties owned by said executive office on behalf of the commonwealth, including the cost of personnel, an amount not to exceed twenty-seven thousand three hundred and forty-five dollars from the rents and fees received pursuant to section four of chapter one hundred and sixty-one C of the General Laws.......$27,345 6005-0011 For additional assistance to the Massachusetts bay transportation authority in accordance with the provisions of sections six and nine of chapter eight hundred and twenty-five of the acts of nineteen hundred and seventy-four, as amended by section four of chapter two hundred and ninety-one of the acts of nineteen hundred and seventy-five; provided, that the authority shall furnish to the executive office of transportation and construction and the house and senate committees on ways and means all information necessary to compile quarterly capital funded personnel expenditure reports; provided further, that operating expenditures of the said authority for calendar year nineteen hundred and ninety-seven shall not exceed one hundred and three percent of its operating expenditures for calendar year nineteen hundred and ninety-six; provided further that said authority shall install new security cameras and hook-up cablevision of Boston; and provided further, that said authority shall install and operate a security camera in the parking lot of the commuter rail station in the city of West Gloucester .....$229,781,477 Local Aid Fund .......................... 40.0% General Fund............................ 40.0% Highway Fund........................... 20.0% 6005-0012 For certain debt service contract assistance to the Massachusetts bay transportation authority in accordance with the provisions of section twenty-eight of chapter one hundred sixty-one A of the General Laws..............$238,043,000 Local Aid Fund .......................... 40.0% General Fund............................ 40.0% Highway Fund........................... 20.0% Chap. 151 6005-0015 For certain assistance to the regional transit authorities, including operating grants and reimbursements to increase the accessibility of transit provided to the elderly and disabled under the mobility assistance program, the regional transit authority program, and the intercity bus capital assistance program; provided, that the commonwealth, acting by and through the executive office for administration and finance, for the period beginning July first, nineteen hundred and ninety-six and ending June thirtieth, nineteen hundred and ninety-seven, may enter into contracts with the authorities; provided further, that notwithstanding the provisions of section one hundred and fifty-two A of chapter one hundred and sixty-one, and of section twenty-three of chapter one hundred and sixty-one B of the General Laws, at least fifty percent and up to seventy-five percent of the net cost of service of each authority incurred in fiscal year nineteen hundred and ninety-six shall be paid by the commonwealth, and shall not be assessed upon the cities and towns constituting the authorities; provided further, that operating expenditures of each of the regional transit authorities for calendar year nineteen hundred and ninety-seven shall not exceed one hundred and three percent of its operating expenditures for calendar year nineteen hundred and ninety-six; provided further, that operating expenditures shall not include federal, private or additional municipal non-state revenue sources or any expenses arising from the provision of services required by the Americans with disabilities act; and provided further, that the pioneer valley regional transit authority shall maintain an express bus route from the city of Springfield to the Hampden county house of correction........................................$36,316,676 Local Aid Fund .......................... 40.0% General Fund............................ 40.0% Highway Fund........................... 20.0% 6005-0017 For certain payments to cities and towns as authorized by clause (c) of section thirteen of chapter sixty-four A, clause (b) of section thirteen of chapter sixty-four E and clause (b) of section fourteen of chapter sixty-four F of the General Laws; provided, that the amounts appropriated Chap. 151 herein are in full satisfaction of the amounts payable pursuant to said clauses for fiscal year nineteen hundred and ninety-seven; and provided further, that funds herein may be used for the lease, purchase and maintenance of vehicles for use in road maintenance, and for costs incurred for the removal of snow and ice ...............$43,472,110 Highway Fund.......................... 100.0% 6005-0018 For additional contract assistance to be allocated by the Massachusetts bay transportation authority for the net additional expense of commuter rail service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts bay transportation authority district for fiscal year nineteen hundred and ninety-six, including funds for the net additional expense of bus service provided to and on behalf of the regional transit authorities and cities and towns outside the Massachusetts bay transportation authority district for fiscal year nineteen hundred and ninety-seven, in the amounts determined to be appropriate by the executive office for administration and finance, acting on behalf of the , commonwealth, on the recommendation of the secretary of the executive office of transportation and construction; provided, that said additional expense of bus service shall not exceed two million two hundred fifty thousand dollars, in accordance with the provisions of section twenty-eight A of chapter one hundred and sixty-one A of the General Laws as amended in section forty-five of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five; and provided further, that no less than seventeen thousand five hundred dollars be made available for a commuter boat service between Hull and Boston...................................$15,978,283 Local Aid Fund.......................... 40.0% General Fund............................ 40.0% Highway Fun............................ 20.0% Federal Appropriations 6000-0018 For the purposes of a federally funded grant entitled, Section 18 Rural Public Transportation Assistance...............$ 1,629,044 Chap. 151 6000-0023 For the purposes of a federally funded grant entitled, Section 8 Planning Grant/Rural Public Transportation......$1,804,909 6000-0024 For the purposes of a federally funded grant entitled, Disadvantaged Business Enterprise Disparity Study..........$248,438 6000-0049 For the purposes of a federally funded grant entitled, Elderly and Handicapped Transportation.......................$1,388,152 6000-0054 For the purposes of a federally funded grant entitled, Rail Planning Assistance/FRA Section 5 which shall include a feasibility study of the reopening of the Central Mass Railraod between Boston and Route 495 ...................$36,575 Massachusetts Aeronautics Commission. State Appropriation 6006-0003 For the administration of the commission, including the expenses of the commissioners..........................$594,809 Local Aid Fund ......................... 100.0% Federal Appropriation 6006-0042 For the purposes of a federally funded grant entitled, Airport System Planning .....................................$350,000 Department of Highways. 6010-0001 For personnel services of the department, for certain administrative and engineering expenses and equipment of the highways commission, the office of the highways commissioner, the division of administrative services, highway engineering, highway maintenance, highway construction, district and other highway activity offices, materials, supplies, fleet maintenance and equipment, general maintenance and equipment, for maintenance and operation of state highways and bridges and for workers' compensation related expenditures, as defined by the (D15) object code of the DD subsidiary, so-called, on the Massachusetts management accounting and reporting system, for employees of the department including, but not limited to, those funded from this item and items 6010-1016, 6010-1017, and 6010-1018 of section two; provided, that funds appropriated herein shall be the only Chap. 151 source of funding for all overtime expenses associated with the department's snow and ice control efforts; provided further, that one hundred twenty-five thousand dollars shall be made available for all contractual contingency costs associated with highway maintenance in areas 4A, 4B, 4C, 4D, 5A, 5B and 5C, so-called; provided further, that the department shall submit a report to the house and senate committees on ways and means detailing contractual contingency expenditures on a quarterly basis; provided further, that the department shall furnish to the executive office of transportation and construction and the house and senate committees on ways and means all information necessary to compile quarterly capital-funded personnel expenditure reports; provided further, that notwithstanding the provisions of any administrative bulletin, general or special law to the contrary, the department shall not pay any fees charged for leasing or maintenance of vehicles to the department of procurement and general services; provided further, that the department shall not be subject to the provisions of section thirty-six A of chapter thirty of the General Laws and section twenty-two of chapter seven of the General Laws, but shall submit to the secretary of transportation and construction for approval requests to repair vehicles costing in excess of the limit set forth in said section twenty-two of said chapter seven; provided further, that the department shall provide the house and senate committees on ways and means a quarterly report of repairs requiring said secretary's approval; provided further, that not less than seventy-five thousand dollars shall be expended for the road repairs in New Braintree as determined by section two hundred and sixty-eight of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided further, that said department shall submit a report to the house and senate committees on ways and means detailing the total overtime expenditures by category and specific area on or before November first, nineteen hundred and ninety-six and on or before March fifteenth, nineteen hundred and ninety-seven; provided further, that the department shall expedite the design and contracting work for the Center street bridge replacement in Middleborough in order to begin construction during calendar year nineteen hundred Chap. 151 and ninety-six; provided further, that not less than twenty-five thousand dollars shall be made available to the Cape Cod chamber of commerce to fund costs related to the Bourne rest area on state highway twenty-five; provided further, that the department shall study the feasibility of constructing a pedestrian overpass over the Grant Circle Rotary, so-called, in the city of Gloucester; and provided further, that the department of highways shall reimburse the town of Salisbury five thousand one hundred and eighty-eight dollars for the cost of sewer repairs ..........................................$56,047,985 Highway Fund.......................... 100.0% 6010-1009 For costs associated with police services within contract areas 4B, 4C, 4D and 5C, so-called; provided, that the department shall report to the house and senate committees on ways and means the expenditures from this item for said contract areas in the preceding months on or before November first, nineteen hundred and ninety-six, and on or before March fifteenth, nineteen hundred and ninety-seven ..............................................$527,000 Highway Fund.......................... 100.0% 6010-1010 For overtime costs associated with contract areas 4A, 5 A and 5B, so-called; provided, that the department shall submit a report to the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-six, detailing the total overtime expenditures for the preceding months by category and specific area, and on or before March fifteenth, nineteen hundred and ninety-seven, detailing said expenditures for the preceding months.............................................$362,975 Highway Fund.......................... 100.0% 6010-1012 For the highway maintenance private contract in area 4B, so-called; provided, that the department shall not enter into a contract exceeding one million nine hundred thousand dollars; provided further, that no funds appropriated herein may be used for the purchase of maintenance and repair supplies or infrastructure maintenance materials; provided further, that no funds appropriated herein may be used for vehicle maintenance and repair; provided further, that no funds other than the amount appropriated herein, police Chap. 151 costs appropriated in item 6010-1009, and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein..................$1,900,000 Highway Fund.......................... 100.0% 6010-1013 For the highway maintenance private contract in area 4C, so-called; provided, that the department shall not enter into a contract exceeding two million five hundred and fifty thousand dollars; provided further, that no funds appropriated herein may be used for the purchase of maintenance and repair supplies or infrastructure maintenance materials; provided further, that no funds appropriated herein may be used for vehicle maintenance and repair; provided further, that no funds other than the amount appropriated herein, police costs appropriated in item 6010-1009, and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein ...............................$2,550,000 Highway Fund.......................... 100.0% 6010-1014 For the highway maintenance private contract in area 4D, so-called; provided, that the department shall not enter into a contract exceeding three million dollars; provided further, that no funds appropriated herein may be used for the purchase of maintenance and repair supplies or infrastructure maintenance materials; provided further, that no funds appropriated herein may be used for vehicle maintenance and repair; provided further, that no funds other than the amount appropriated herein, police costs appropriated in item 6010-1009, and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either Chap. 151 directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein..................$3,000,000 Highway Fund.......................... 100.0% 6010-1015 For the highway maintenance private contract in area 5C, so-called; provided, that the department shall not enter into a contract exceeding two million one hundred thousand dollars; provided further, that no funds appropriated herein may be used for the purchase of maintenance and repair supplies or infrastructure maintenance materials; provided further, that no funds appropriated herein may be used for vehicle maintenance and repair; provided further, that no funds other than the amount appropriated herein, police costs appropriated in item 6010-1009, and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein..................$2,100,000 Highway Fund.......................... 100.0% 6010-1016 For the highway maintenance contract in area 4A, so-called; provided, that no funds other than the amount appropriated herein, overtime costs appropriated in item 6010-1010 and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein............................................$1,420,528 Highway Fund.......................... 100.0% 6010-1017 For the highway maintenance contract in area 5 A, so-called; provided, that no funds other than the amount appropriated herein, overtime costs appropriated in item 6010-1010 and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including Chap. 151 capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein............................................$2,421,618 Highway Fund.......................... 100.0% 6010-1018 For the highway maintenance contract in area 5B, so-called; provided, that no funds other than the amount appropriated herein, overtime costs appropriated in item 6010-1010 and contractual contingency costs appropriated in item 6010-0001 shall be used to fund said contract; and provided further, that no additional funds made available to the department, either directly or indirectly, including capital, trust, or other funds, shall be used to supplement or supplant the funds for said contract as provided for herein... . $2,764,720 Highway Fund.......................... 100.0% 6020-2505 For the outdoor advertising board ...........................$67,117 Highway Fund.......................... 100.0% 6030-7201 For the cost of hired and leased equipment, so-called, used for snow and ice control; provided, that no funds appropriated herein shall be used for materials, overtime costs or vehicle repair related to snow and ice control.............$6,727,688 Highway Fund.......................... 100.0% 6030-7211 For vehicle repair directly associated with department snow and ice control equipment; provided, that no funds appropriated herein shall be used for materials, overtime costs or hired or leased equipment related to snow and ice control......$200,000 Highway Fund.......................... 100.0% 603 0-7221 For the cost of sand, salt, and other control chemicals used for the purpose of snow and ice control; provided, that no funds appropriated herein shall be used for hired or leased equipment, overtime costs or vehicle repair related to snow and ice control.....................................$4,984,741 Highway Fund.......................... 100.0% BOARD OF LIBRARY COMMISSIONERS. State Appropriations 7000-9101 For the operation of the board of library commissioners; provided, that one hundred twenty-two thousand dollars shall be expended from this item solely for the purpose of Chap. 151 implementing the strategic plan for the future of library services in Massachusetts, so-called, including the employment of two information systems specialists................$938,385 Local Aid Fund ......................... 100.0% 7000-9401 For state aid to regional public libraries; provided, that the board of library commissioners may provide quarterly advances of funds for purposes authorized by section nineteen C (1) and (2) of chapter seventy-eight of the General Laws, as it deems proper, to the regional public library systems throughout each fiscal year, in compliance with the office of the comptroller's regulations on state grants, 815 CMR 2.00; provided further, that notwithstanding the provisions of section nineteen C of chapter seventy-eight of the General Laws or any other general or special law to the contrary, the Boston public library shall, as the library of last recourse for reference and research services for the commonwealth, be paid from this item an amount equal to eighty-eight and seven-hundredths cents per resident in the commonwealth; provided further, that notwithstanding the provision of any general or special law to the contrary, no regional public library shall receive any money under this item in any year when the appropriation of the city or town where such regional public library is located is below an amount equal to one hundred two and one-half percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding the provisions of this section, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the General Laws, to any library not receiving funds as a library of last recourse for a period of no more than one year; provided further, that not more than three hundred thousand dollars shall be distributed as one time, non-recurring grants to six interim regional planning committees to develop regional programs and budgets relating to the strategic plan for the future of library services in Massachusetts, so-called; and provided further, that no more than five hundred thousand dollars shall be expended by the Boston public library for services Chap. 151 relating to the implementation of said plan .............$13,805,931 Local Aid Fund ......................... 100.0% 7000-9402 For the purposes of a talking book library at Worcester .........$147,332 Local Aid Fund ......................... 100.0% 7000-9406 For the administration of a talking book program, including the operation of the machine lending agency ...............$952,919 Local Aid Fund ......................... 100.0% 7000-9501 For state aid to public libraries; provided, that notwithstanding the provision of any general or special law to the contrary, no city or town shall receive any money under this item in any year when the appropriation of said city or town for free public library services is below an amount equal to one hundred two and one-half percent of the average of the appropriations for free public library service for the three years immediately preceding; provided further, that notwithstanding the provisions of this section, the board of library commissioners may grant waivers permitted pursuant to the sixth paragraph of section nineteen A of chapter seventy-eight of the General Laws, as appearing in the nineteen hundred and ninety-four edition, to any library not receiving funds as a library of last recourse for a period of no more than one year; and provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city or'town and held as a separate account and shall be expended by the public library of such city or town without appropriation, notwithstanding the provisions of any general or special law to the contrary................$6,899,804 Local Aid Fund ......................... 100.0% 7000-9506 For the telecommunications expenses of automated resource sharing networks and their member libraries; provided, that one million three hundred sixty thousand dollars shall be expended from this item solely for the purpose of implementing the strategic plan for the future of library services in Massachusetts, so-called....................$1,837,235 Federal Appropriations 7000-9703 For the purposes of a federally funded grant entitled, Title III LSCA Interlibrary Cooperation..........................$524,527 Chap. 151 7000-9705 For the purposes of a federally^funded grant entitled, LSCA Program-Title I....................................$1,829,847 7000-9707 For the purposes of a federally funded grant entitled, Emergency Federal Jobs Bill-LSCA Title II................$378,740 OFFICE OF LABOR, EDUCATION AND ECONOMIC DEVELOPMENT. 7001-0010 For the operation of the office of labor, education and economic development and expenses of the labor, education and economic development coordinating council established pursuant to section thirty-nine of this act.............$450,000 Department of Labor and Workforce Development. 7002-0100 For the administration of the department of labor including the divisions under the control of the department............$290,097 7002-0101 For the operation and administration of the apprentice training program; provided, that no position in the apprentice training division shall be subject to chapter thirty-one of the General Laws.....................................$261,054 Division of Occupational Safety. State Appropriations 7002-0200 For the operation and administration of the industrial safety program..........................................$1,052,374 7002-0400 For the operation and administration of the occupational hygiene program; provided, that the division may employ staff which shall not be subject to chapter thirty-one of the General Laws for a program to evaluate the asbestos level in public schools and other public buildings................$989,482 Federal Appropriations 7002-4203 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Statistics Program............................................$102,200 7002-4212 For the purposes of a federally funded grant entitled, Asbestos Licensing and Monitoring Toxic Substance Control Act.......$33,500 7002-4213 For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring Toxic Substance Control Act ......$187,800 Chap. 151 7002-4215 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Data Collection Survey .....................................$61,079 7002-6627 For the purposes of a federally funded grant entitled, Occupational Safety and Health Administration Onsite Consultation Program .................................$842,000 Division of Labor Market Information. Federal Appropriation 7002-9701 For the purposes of a federally funded grant entitled, Bureau of Labor Statistics Administration......................$1,966,743 Division of Industrial Accidents. 7002-0500 For the operation of the division of industrial accidents; provided, that the General Fund shall be reimbursed the amount appropriated herein and for associated indirect and fringe benefit costs from assessments levied pursuant to section sixty-five of chapter one hundred and fifty-two of the General Laws...................................$19,017,209 Labor Relations Commission. 7002-0600 For the operation of the labor relations commission; provided, that twenty thousand dollars shall be expended for the purpose of maintaining a satellite office in the Springfield state office building.................................$1,001,697 Joint Labor Management Committee. 7002-0700 For the operation of the joint labor management committee......$409,695 Board of Conciliation and Arbitration. 7002-0800 For the operation of the board of conciliation and arbitration..... $648,967 Division of Employment and Training. Federal Appropriations 7002-6624 For the purposes of a federally funded grant entitled, Unemployment Insurance Programs Administration ......$56,749,505 7002-6626 For the purposes of a federally funded grant entitled, Employment Service Programs Administration ..........$22,000,000 Chap. 151 Division of Workforce Development. 7003-0100 For the division of workforce development; provided, that costs associated with the administration of said division may be assessed to item 7003-1000; provided further, that no funds from any federal funding source or grant other than that set forth in item 7003-9006 shall be redirected from any agency or department of the executive branch to the career center initiative, if such redirection would result in the termination of temporary, provisional, or permanent employees at any such agency or department whose positions are presently paid for from said federal funding source or grant, or if such redirection would otherwise jeopardize the ability of any agency or department to carry out its present management and oversight responsibilities for said federal funding source or grant; and provided further, that, notwithstanding the provisions of any general or special law to the contrary, career centers located in the city of Boston shall receive at least the same level of funding and positions in fiscal year nineteen hundred and ninety-seven as were received in fiscal year nineteen hundred and ninety-six ............:.................... $75,00 7003-0300 For the purpose of establishing a revolving loan fund within the industrial services program to provide working capital and related assistance to defense-dependent firms and leverage federal matching funds for financial assistance for such purposes under the Economic Adjustment Program Revolving Loan Fund authorized pursuant to Title IX of the Public Works and Economic Development Act of 1965, as amended ....................................$450,000 7003-0400 For a program to provide comprehensive re-employment assistance to employees impacted by economic structural dislocation, in particular those laid off from defense-dependent companies, the computer industry and the fishing industry; provided, that said assistance shall be provided in conjunction with any applicable federal funds granted to the state for related assistance by the employment and training administration of the United States department of labor...................................$377,000 Chap. 151 7003-0500 For the economic stabilization trust component of the industrial services program, as provided by chapter twenty-three D of the General Laws, and for a re-employment assistance program as specified in section seventy-one D of chapter one hundred and fifty-one A of the General Laws; provided, that a report of all revenues, expenditures, assets and liabilities of the program and of the economic stabilization trust be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means....................$155,400 7003-0601 For the summer jobs youth-at-risk program, including the costs of administration; provided, that service levels shall be developed so as not to exceed the appropriation made available herein; provided further, that the same number of youths shall be served in fiscal year nineteen hundred ninety-seven that were served in fiscal year nineteen hundred ninety-six..................................$3,050,000 7003-0700 For the expenses of the bay state skills corporation and the industry-responsive training program to secure employment, training and counseling for displaced workers; provided, for the employee involvement and ownership in the workplace component of the industrial services program; provided further, that one million dollars shall be expended for employed worker training technical assistance and matching grants; provided further, that not more than one hundred seventy-five thousand dollars shall be expended to administer said technical assistance program; provided further, that a report of all revenues, expenditures, assets and liabilities of said corporation shall be filed quarterly with the secretary of administration and finance and the house and senate committees on ways and means; and provided further, that said corporation shall remain a quasi-public corporation......................$2,000,000 Commonwealth Economic Development Fund 100.0% 7003-0800 For pre-employment and re-employment services provided by the division .......................................$1,600,000 Commonwealth Economic Development Fund . 100.0% 7003-0900 For the Tactical Training Initiative, so-called .................$500,000 Commonwealth Economic Development Fund . 100.0% Chap. 151 7003-0901 For a summer jobs youth-at-risk program; provided, that no funds appropriated herein shall be allotted or disbursed prior to the receipt of equal matching funds from private sources to any entity or municipality eligible for or requesting funds from this item; provided further, that the executive office of administration and finance is authorized and directed to submit an allotment and disbursement plan for the funds appropriated herein for approval by the general court, prior to the expenditure of any funds appropriated herein ...................................$550,000 7003-0904 For the creation and support of manufacturing networks.......$1,100,000 Commonwealth Economic Development Fund . 100.0% 7003-1000 For the workforce development initiative; provided, that the strategic planning committee of the MassJOBS council shall make recommendations relative to the use of said funds subject to approval by the full MassJOBS council; provided further, that the executive committee of the MassJOBS council shall approve the use of said funds should the full council be unable to approve the use of said funds in a timely manner; provided further, that no grant made available to a regional employment board shall be used to encourage, induce, require or mandate the establishment of said regional employment board's administrative staff as an entity independent of the administrative entity agreed to under the provisions of the Federal Job Training Partnership Act by the regional employment board and the lead elected official; provided further, that expenditures for programs specified herein shall be subject to the approval of the local regional employment boards; provided further, that no specific program allocations directed herein shall preclude a regional employment board from receiving its equal share of funds to be distributed to regional employment boards by the MassJOBS council; provided further, that each regional employment board shall receive not less than seventy-five thousand dollars in fiscal year nineteen hundred ninety-seven; provided further, that funds provided to the regional employment boards shall not be subject to any limitations imposed by the MassJOBS council; provided further, that the MassJOBS council is hereby authorized and directed Chap. 151 to expend not less than one hundred fifty thousand dollars for the consumer provider program operated by CASCAP, inc. in collaboration with Bunker Hill community college for the training of men and women with psychiatric disabilities to become part-time employees at health and human services agencies within the commonwealth; provided further, that of the amount appropriated herein, not less than one hundred fifty thousand dollars shall be expended for the western Massachusetts enterprise fund and JVS microenterprise program as the supplemental match to conduct an entrepreneurial training program for income eligible residents; provided further, that not less than one hundred thousand dollars shall be provided to the Massachusetts maritime academy for a training and work program for youth in maritime trades, including but not limited to sailing, seamanship and nautical training; provided further, that the Cape Cod, Martha's Vineyard and Nantucket regional employment board shall oversee and make recommendations regarding said program; and provided further, that not less than seventy-five thousand dollars shall be expended for the career beginnings program, so-called, at Worcester state college in the city of Worcester.........................................$1,925,000 Commonwealth Economic Development Fund . 100.0% 7003-2055 For the youth, senior service, and conservation group corps program, including the costs of administration; provided, that not more than one hundred twenty-five thousand dollars shall be expended for the administration of the Massachusetts national and community service commission ............................................. $1,500,000 Federal Appropriations 7003-1010 For the purposes of a federally funded grant entitled, Trade Expansion Act Program .............................$7,959,391 7003-1621 For the purposes of a federally funded grant entitled, Title III - Employment and Training Assistance for Dislocated Workers.........................................$60,820,000 7003-2013 For the purposes of a federally funded grant entitled, Mine Safety and Health Training ..............................$32,483 Chap. 151 7003-6628 For the purposes of a federally funded grant entitled, Disabled Veterans Outreach Program...................$2,050,000 7003-6629 For the purposes of a federally funded grant entitled, Local Veterans Employment Representative Program ...........$1,434,285 7003-6630 For the purposes of a federally funded grant entitled, Massachusetts Occupational Information Coordinating Committee Administration .............................$140,100 7003-9006 For the purposes of a federally funded grant entitled, One-Stop Career Centers; provided, that, with the exception of career centers located in the Boston service delivery area, not more than five career centers located in two service delivery areas shall operate in the commonwealth during fiscal year nineteen hundred ninety-seven; provided further, that the division of workforce development shall promptly modify its contractual agreement with the United States department of labor to conform with said limitations ........................................$6,500,000 Division of Housing and Community Development. State Appropriations 7004-0001 For the Indian affairs commission...........................$67,922 7004-0002 For the urban initiative fund, a loan and grant program for inner-city neighborhoods, for the purposes of education, job training, business development, health care, day care, youth activities, including athletic and recreation programs, violence and crime prevention, and housing; provided, that not less than forty thousand dollars of the amount appropriated herein shall be expended as a grant to the planned learned achievement for youth program; and provided further, that said urban initiative fund shall be administered by the community development finance corporation pursuant to section one hundred and thirty-seven of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two ......................$ 1,000,000 Local Aid Fund ........................ 100.0% 7004-0003 For the Boston housing authority for a program to provide certain tenant services for the West Broadway housing authority task force ....................................$76,000 Local Aid Fund ......................... 100.0% Chap. 151 7004-0099 For the administration of the division; provided, that, notwithstanding the provisions of any general or special law to the contrary, the division of housing and community development is hereby authorized to make expenditures for the purposes of said division against federal grants for certain direct and indirect costs pursuant to an overhead cost allocation plan approved by the comptroller; provided further, that the comptroller shall establish and designate an account on the Massachusetts management accounting and reporting system for the purpose of making such expenditures; provided further, that expenditures made against said account shall not be subject to appropriation and may include the cost of personnel; provided further, that said division shall submit quarterly reports to the house and senate committees on ways and means on object code expenditures made against said account; provided further, that not less than ten thousand dollars be expended for the expenses of the state commission on manufactured housing, as established by chapter one hundred and forty-five of the acts of nineteen hundred and ninety-three, including, but not limited to travel, postage, advertising and printing.......................................$5,125,693 7004-0200 For the municipal assistance program to provide management incentive grants, technical assistance and training for municipal governments to provide cost effective and efficient delivery of local services, including regionaliza-tion of services; provided, that such incentive grants may be utilized for the purchase of hardware and equipment; provided further, that funds appropriated herein may be provided in advance; and provided further, that no funds shall be expended from the AA subsidiary, so-called, of this item for the compensation of state employees...........$750,000 Local Aid Fund ......................... 100.0% 7004-0300 For the special commission established by section three hundred and forty-seven of chapter thirty-eight of the acts of nineteen hundred and ninety-five to study municipal cooperation in the greater Boston area; provided, that no funds shall be expended from this item until the city of Boston appropriates an equal amount for the expenses of said commission, prior appropriation continued....... Local Aid Fund ......................... 100.0% Chap. 151 7004-1966 For the loan program established pursuant to section one hundred and ninety-seven E of chapter one hundred and eleven of the General Laws, as amended, for lead abatement throughout the commonwealth; provided, the terms and conditions of such loans will be based on income eligibility criteria and include terms and plans that allow low- and moderate- income individuals to defer loan repayment until transfer of the property; provided further, that funds made available herein shall be administered by the division of housing and community development in consultation with the department of public health; provided further, that funds shall be disbursed from this item on a quarterly basis subject to a disbursement plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that such disbursements shall be made upon demonstration of need by the entity selected by the division to implement the program funded herein............................$4,500,000 7004-2027 For community economic development; provided, that contracts may be awarded to community-based organizations; and provided further, that no funds shall be expended from the AA subsidiary so-called of this item for the compensation of state employees .....................$900,000 Local Aid Fund ......................... 100.0% 7004-2475 For the home ownership opportunity affordable housing program; provided, that all sums appropriated herein shall be used to write down interest rates on soft second mortgage loans, so-called, for low and moderate income first-time home buyers; provided further, that the total payment obligations of home ownership opportunity program contracts do not exceed fifteen million dollars.......$500,000 7004-3036 For housing services to provide assistance through community-based organizations to low-income tenants in privately-owned housing, and to landlords to maintain such housing; provided, that no funds shall be expended from the AA subsidiary, so-called, of this item for the compensation of state employees ........................$265,000 7004-4314 For the expenses of a service coordinators program established by the division of housing and community development to assist tenants residing in housing develop- Chap. 151 ed pursuant to sections thirty-nine and forty of chapter one hundred and twenty-one B of the General Laws to meet tenancy requirements in order to maintain and enhance the quality of life in said housing ...........................$500,000 7004-8878 For the private rental housing development action loan program; provided, that notwithstanding the provisions of any general or special law to the contrary, no new commitments, contracts, or renegotiations of existing contracts shall be entered into during fiscal year nineteen hundred and ninety-seven or any subsequent fiscal year............$2,650,494 7004-9005 For subsidies to housing authorities and nonprofit organizations for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections thirty-two and forty of chapter one hundred and twenty-one B of the General Laws; provided, that notwithstanding the provisions of any general or special law to the contrary, all housing authorities operating elderly public housing are authorized and directed to offer first preference for elderly public housing units which are vacant as of the effective date of this act, and thereafter, to those persons sixty years of age or older on June thirtieth, nineteen hundred and ninety-five, then receiving rental assistance from the Massachusetts rental voucher program; provided further, that the division of housing and community development shall enforce compliance by local housing authorities with said provisions, and is hereby authorized to take such actions as it deems necessary, including requiring regular, current reports by housing authorities and non-profit organizations operating such public housing, to insure compliance in a timely and equitable manner; provided further, that said division may expend funds appropriated herein for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year; provided further, that no monies shall be expended from this item for the purpose of reimbursing the debt service reserve and capital reserve included in the budgets of housing authorities; provided further, that no funds shall be expended from this item for the compensation of state employees; provided further, that the amount appropriated Chap. 151 herein shall be deemed to meet any and all obligations pursuant to said sections thirty-two and forty; and provided further, that any new reduced rental units developed in fiscal year nineteen hundred and ninety-seven eligible for subsidies pursuant to this item, shall not cause any annualization that results in an amount exceeding the amount appropriated herein..........................$25,305,129 Local Aid Fund ......................... 100.0% 7004-9006 For a pilot program to promote economic diversity in family public housing; provided, that notwithstanding the provisions of any general or special law to the contrary, the division of housing and community development is hereby authorized and directed to establish an economic diversity and opportunity pilot program for family public housing in the commonwealth; provided further, that said division shall implement said pilot program as a phased project at family housing developments in the commonwealth; provided further, that phase I shall be implemented in the city of Boston at Orient Heights, Gallivan Boulevard, and the West Broadway family housing developments; provided further, that said division is hereby further authorized and directed to seek the participation of other appropriate human service agencies to implement said pilot program; provided further, that said division shall promulgate regulations for the economic diversity and opportunity pilot program which shall include, but not be limited to, the establishment of: maximum rates based on bedroom size; tenant selection criteria designed to assure that within a reasonable period of time each project in the pilot program will include low and moderate income families with a broad range of income; any and all reasonable restrictions and requirements necessary or appropriate for the implementation of said pilot program; and provided further, that said division shall study the feasibility of alternative management and ownership models for family housing developments and report its findings and recommendations to the house and senate committees on ways and means no later than October twenty-eighth, nineteen hundred and ninety-six, prior appropriation continued..................................... Chap. 151 Local Aid Fund ......................... 100.0% 7004-9024 For a program of rental assistance for families and elderly persons of low income through mobile and project based vouchers; provided, that notwithstanding the provisions of any general or special law to the contrary, said rental assistance in the form of mobile vouchers, so-called, shall be paid only to those eligible households, currently holding mobile vouchers, so-called, that held, or were lawfully entitled to hold, chapter seven hundred and seven certificates, so-called, as of October thirty-first, nineteen hundred and ninety-two, pursuant to the chapter seven hundred and seven program, so-called, and to those households currently holding mobile vouchers, so-called, that held, or were lawfully entitled to hold state housing vouchers, so-called, as of October thirty-first nineteen hundred and ninety-two, pursuant to a program of housing assistance consistent with the program requirements established by the federal government for the program authorized by Public Law 98-181, Section 207; provided further, that there shall be no further payments made under said chapter seven hundred and seven program, so-called, or under said program of housing assistance consistent with the requirements established by the federal law government for the program authorized by Public Law 98-181, Section 207, which state program was known as the state housing voucher program, so-called; provided further, that rental assistance shall only be paid pursuant to a program to be known as the Massachusetts rental voucher program, as such program may hereafter be amended by the division of housing and community development; provided further, that the income of said households shall in no event exceed two hundred percent of the federally-established poverty level; provided further, that any household, in which a participant or member of a participant's household in the Massachusetts rental voucher program shall fail to provide his or her social security number for use in verifying the household's income and eligibility, shall no longer be eligible for a voucher or to receive benefits pursuant to the Massachusetts rental voucher program; provided further, that the deputy director of said division as a condition of continued eligibility for Chap. 151 a voucher and voucher payments, may require disclosure of social security numbers by participants and members of participants' households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices in the commonwealth; provided further, that said vouchers shall be in varying dollar amounts and set by the deputy director based on considerations, including, but not limited to, family size and composition, family income levels, and geographic location; provided further, that notwithstanding the provisions of any general or special law to the contrary, the use of rent surveys shall not be required in determining the amounts of such mobile vouchers, so-called, or such project-based vouchers, so-called; provided further, that any household which is proven to have caused intentional damages to their rental unit in an amount exceeding two month's rent during any one year lease period shall be terminated from the program; provided further, that notwithstanding the provisions of any general or special law to the contrary, a mobile voucher whose use is or has been discontinued shall not be reassigned at any time; provided further, that an allowance not to exceed twenty-five dollars per voucher per month shall be determined and paid by said division for administration of the rental assistance program; provided further, that said costs of administration shall not exceed six percent of the appropriation provided herein; provided further, that said six percent shall include, but not be limited to, all expenditures which may be made by the deputy director to conduct or otherwise contract for rental voucher program inspections; provided further, that under no circumstances shall subsidies be reduced for the cost of accommodating the cost of said inspections; provided further, that notwithstanding any provision of law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, so-called, or project-based voucher, so-called, but each household shall pay at least thirty percent of income as rent; provided further, that said division shall establish the amounts of the mobile vouchers, so-called, and the project-based vouchers, so-called, so that the appropriation herein is not exceeded Chap. 151 by payments for rental assistance and administration; provided further, that said division shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent" as used in this item shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that upon vacancy of a project-based dwelling unit, households holding mobile vouchers, so-called, shall have priority for occupancy of said project-based dwelling units; provided further, that said division may impose certain obligations for each participant in the Massachusetts rental voucher program through a twelve month contract which shall be executed by the participant and the division; provided further, that such obligations may include, but need not be limited to, job training, counseling, household budgeting, and education, to the extent that appropriate programs, as defined in regulations promulgated by the division of housing and community development, are available; provided further, that each participant shall be required to undertake and meet any such obligation as a condition for continued eligibility in the program; provided further, that for continued eligibility each participant shall execute any such twelve month contract on or before September first, nineteen hundred and ninety-five if his or her annual eligibility recertification date occurs between June thirtieth, nineteen hundred and ninety-five and September first, nineteen hundred and ninety-six and otherwise on or before his or her annual eligibility recertification date; provided further, that any participant who is over the age of sixty years or who is handicapped may be exempted from any obligations unsuitable under his or her particular circumstances; provided further, that the division of housing and community development shall submit an annual report to the secretary of administration and finance Chap. 151 and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; and provided further, that no funds shall be expended from the AA subsidiary, so-called, of this item for the compensation of state employees.................................$42,327,556 7004-9027 For state housing assistance for rental production (SHARP) contracts with sponsors of rental housing projects, financed through the Massachusetts housing finance agency established pursuant to chapter seven hundred and eight of the acts of nineteen hundred and sixty-six, in the form of a loan by the commonwealth to facilitate the construction or rehabilitation of rental housing projects pursuant to the provisions of section seven of chapter five hundred and seventy-four of the acts of nineteen hundred and eighty-three; provided, that notwithstanding the provisions of section twenty-seven of chapter twenty-three B or sections twenty-six and twenty-seven of chapter twenty-nine of the General Laws to the contrary, the division of housing and community development is hereby authorized to enter into such contracts for terms not exceeding fifteen years with annual payment obligations not to exceed thirty-one million seven hundred and two thousand five hundred dollars; provided further, that notwithstanding the provisions of any general or special law to the contrary, no new commitments shall be entered into during fiscal year nineteen hundred and ninety-seven for said fiscal year or any subsequent fiscal years; provided further, that the deputy director of said division is hereby authorized and directed to review all amounts disbursed through this program in the five fiscal years previous to the effective date of this act and to recover all excess funds disbursed; and provided further, that the deputy director shall file a report with the house and senate committees on ways and means, detailing the recovery of said overpayments and recommending alternative uses for said amounts..................................... $31,702,500 7004-9030 For the transitional rental assistance program established pursuant to chapter one hundred and seventy-nine of the acts of nineteen hundred and ninety-five; provided, that notwithstanding the provisions of any general or special Chap. 151 law to the contrary, said transitional rental assistance shall be in the form of mobile vouchers, so-called; provided further, that said vouchers shall be in varying dollar amounts and set by the deputy director on considerations including, but not limited to, household size and composition, ranges of household income and geographic location; provided further, that any household which is proven to have caused intentional damages to their rental unit in an amount exceeding two month's rent during any one year shall be terminated from the program; provided further, that said division shall pay local housing agencies administering said program an allowance not to exceed twenty-five dollars per voucher per month to cover the costs of administration; provided further, that notwithstanding any provision of law to the contrary, there shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, so-called, but each household shall be required to pay not less than twenty-five percent of their net income, as defined in regulations promulgated by said division, for units if utilities are not provided by the unit owner, or not less than thirty percent of their income for units if utilities are provided by the unit owner; provided further, that payments for said transitional rental assistance may be provided in advance; provided further, that said division shall establish the amounts of the mobile vouchers, so-called, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that said division shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that the amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent" as used in this item shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; provided further, that said division shall submit an annual report to the state bud- Chap. 151 get director, the secretary of administration and finance, and the house and senate committees on ways and means detailing expenditures, the number of outstanding rental vouchers, and the number and types of units leased; provided further, that nothing stated herein shall give rise to enforceable legal rights in any party or an enforceable entitlement to any form of housing; and provided further, that nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement........................................$4,000,000 7004-9101 For federally aided urban renewal community development; provided, that no new contracts shall be entered into during fiscal year nineteen hundred and ninety-seven..........$97,874 Local Aid Fund ......................... 100.0% 7004-9102 For non-federally aided urban renewal community development; provided, that no new contracts shall be entered into during fiscal year nineteen hundred and ninety-seven.........$191,145 Local Aid Fund ......................... 100.0% 7004-9108 For urban revitalization and development, for projects authorized pursuant to section fifty-four of chapter one hundred and twenty-one B of the General Laws; provided, that notwithstanding the provisions of section fifty-three or fifty-seven of said chapter one hundred twenty-one B to the contrary, such funds may be provided to any agency of a city or town designated by the chief executive officer to act on behalf of the city or town; provided further, that no new commitments shall be entered into during fiscal year nineteen hundred and ninety-seven; and provided further, that one hundred and eighteen thousand dollars shall be expended for grants to the city of Pittsfield...............$2,323,500 Local Aid Fund......................... 100.0% 7004-9201 For interest subsidies for the private development of affordable housing; provided, that, notwithstanding the provisions of any general or special law to the contrary, no new commitments shall be entered into during fiscal year nineteen hundred and ninety-seven for said fiscal year or any subsequent fiscal years...........................$8,212,955 7004-9315 For the low income housing tax credit program; provided, that the division of housing and community development may Chap. 151 expend an amount not to exceed four hundred forty-nine thousand dollars accrued from fees collected for the regulation of TELLER, so-called, projects undertaken pursuant to paragraph (m) of section twenty-six of chapter one hundred twenty-one B of the General Laws, from fees collected pursuant to Executive Order No. 291, pertaining to low-income housing tax credits, and from fees collected pursuant to the rental housing development action loan program, for the costs of administering and monitoring said programs, including the costs of personnel, subject to the approval of the deputy director of the division of housing and community development.....................$449,000 7004-9320 For the publication of community profiles, so-called; provided, that the division of housing and community development may expend an amount not to exceed six thousand dollars accrued from fees collected for the printing and distribution costs of "Community Profiles"; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the division of housing and community development is hereby authorized to establish a fee sufficient to cover the costs of printing and distributing said "Community Profiles" ...........$6,000 Federal Appropriations 7004-0300 For the purposes of a federally funded grant entitled, Lead Paint Abatement ...................................$3,200,000 7004-0301 For the purposes of a federally funded grant entitled, Lead Paint Initiatives ....................................$4,000,000 7004-9011 For the purposes of a federally funded grant entitled, Supportive Housing Demonstration Program.............$1,300,000 7004-9013 For the purposes of a federally funded grant entitled, Section 8 Existing Housing Program; provided, that the division of housing and community development may provide monthly payments in advance to participating agencies .... $67,500,000 7004-9014 For the purposes of a federally funded grant entitled, Section 8 Federal Housing Voucher Program; provided, that the division of housing and community development may provide monthly payments in advance to participating agencies.........................................$19,000,000 Chap. 151 7004-9019 For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation; provided, that the division of housing and community development may provide monthly payments in advance to participating agencies .... $17,500,000 7004-9020 For the purposes of a federally funded grant entitled, Section 8 New Construction Program; provided, that the division of housing and community development may provide monthly payments in advance to participating agencies.....$3,915,000 7004-9028 For the purposes of a federally funded grant entitled, HOME; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments.... $9,220,000 in advance to participating agencies ................ 7004-9051 For the purposes of a federally funded grant entitled, Shelter Plus Care-Lowell; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies.............................................$45,000 7004-9052 For the purposes of a federally funded grant entitled, Shelter Plus Care-Boston; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies............................................$996,000 7004-9053 For the purposes of a federally funded grant entitled, Shelter Plus Care-Southbridge; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies............................................$165;000 7004-9054 For the purposes of a federally funded grant entitled, Shelter Plus Care-New Bedford; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies.............................................$50,000 Chap. 151 7004-3037 For the purposes of a federally funded grant entitled, Small Cities Community Development Block Grant Program; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies ...................$39,600,000 7004-3050 For the purposes of a federally funded grant entitled, Rural Development Councils ................................$144,700 7004-9009 For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Program; provided, that the division of housing and community development may provide monthly payments in advance to participate agencies..........................................$5,100,000 7004-2030 For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income Persons; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies ....................$4,652,700 7004-2033 For the purposes of a federally funded grant entitled, Low Income Home Energy Assistance Program; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development shall provide monthly payments in advance to participating agencies .....................................$40,000,000 7004-2034 For the purposes of a federally funded grant entitled, Community Services Block Grant; provided, that consistent with applicable federal regulations and the state plan, the division of housing and community development may provide monthly payments in advance to participating agencies..........................................$9,500,000 Office Of Consumer Affairs And Business Regulation. 7006-0000 For the office of the director of consumer affairs and business regulation, including expenses of an administrative services unit.......................................$1,331,848 Division of Banks. 7006-0010 For the operation and administration of the division of banks.. . . $8,921,627 Chap. 151 Division of Insurance. 7006-0020 For the operation and administration of the division, including expenses of the board of appeal on motor vehicle policies and bonds, and certain other costs of supervising motor vehicle liability insurance and the expenses of the fraudulent claims board; provided, that the positions of counsel I and counsel II shall not be subject to the provisions of chapter thirty-one of the General Laws; provided further, that contracts or orders for the purchase of statement blanks for the making of annual reports to the commissioner of insurance shall not be subject to the restrictions prescribed by section one of chapter five of the General Laws; and provided further, that the division of insurance shall maintain a phone system in its western Massachusetts office that will immediately transfer calls made to that office to the consumer assistance office in Boston during any business hours when the western Massachusetts office is closed; and provided further, that the division shall have an employee or other such person answering all initial incoming telephone calls between the hours of nine o'clock ante meridiem and five o'clock post meridiem; provided further, that the division shall designate an employee to handle all incoming calls relative to chapter two hundred and eighteen of the acts of nineteen hundred and ninety-five or regulations promulgated under said chapter two hundred and eighteen..................$5,042,910 General Fund............................ 60.0% Highway Fund........................... 40.0% 7006-0030 For the additional costs associated with administration of the division; provided, that the commissioner of insurance shall expend funds from this item for the purpose of maintaining accreditation by the national association of insurance commissioners.............................$3,000,000 Division of Insurance Trust Fund ........... 100.0% Division of Registration. 7006-0040 For the operation and administration of the division of registration; provided, that the division shall at all times employ no fewer than two hearings officers to facilitate the Chap. 151 processing of the cases pending before the various boards within said division; provided further, that the division of investigator of radio-television technicians shall not be subject to chapter thirty-one of the General Laws; and provided further, that the division shall maintain and staff an office in Springfield ..............................$4,548,563 7006-0050 For personnel, administrative, computer, equipment, newsletter and other expansion costs of the board of registration in nursing, in addition to funds available to said board in item 7006-0040......................................$497,024 Division of Standards. 7006-0060 For the operation and administration of the division of standards ...........................................$475,050 Department of Public Utilities. 7006-0070 For the operation and administration of the department of public utilities; provided, that notwithstanding the provisions of the second sentence of the first paragraph of section eighteen of chapter twenty-five of the General Laws, the assessments levied pursuant to said first paragraph of said section for fiscal year nineteen hundred and ninety-seven shall be made at a rate sufficient to produce three million seven hundred sixty-one thousand eight hundred and seventy-seven.......................$3,761,877 7006-0080 For the operation and administration of the transportation division ............................................$567,616 7006-0090 The department of public utilities may expend revenues collected up to seventy-five thousand dollars for the operation of the energy facilities siting commission...........$75,000 Alcoholic Beverages Control Commission. 7006-0100 For the operation and administration of the alcoholic beverages control commission; provided, that the commission is hereby authorized and directed to take all steps necessary, up to and including amending its regulations, to eliminate duplication of tasks currently performed by the commission which are also performed by the cities and towns, including but not limited to the per- Chap. 151 formance of investigations; and provided further that on or before March first, nineteen hundred and ninety-seven the commission shall submit a report to the house and senate committees on ways and means which details all steps the commission has taken to fulfill the foregoing directive......$1,013,665 State Racing Commission. 7006-0110 For the operation and administration of the state racing commission.......................................$3,592,016 Community Antenna Television Commission. 7006-0120 For the administration of the community antenna television commission.........................................$718,276 Board of Registration in Medicine. 7006-0130 For the operation and administration of the board of registration in medicine and the committee on acupuncture, including the cost of the physician profile ...........$1,525,464 Department of Economic Development. State Appropriations 7007-0100 For the office of the director of the department of economic development ........................................$235,647 7007-0101 For minority economic and community development grants; provided, that notwithstanding the provisions of any general or special law to the contrary, the director of economic development, in consultation with the secretary of administration and finance and the deputy director of the division of housing and community development, is hereby authorized and directed to establish a task force on minority economic and community development for the purpose of determining the best uses for the funds appropriated herein; provided further, the task force shall seek and consider the advice of individuals and organizations involved in minority economic and community development including, but not limited to, the recommendations contained in the Hispanic-American advisory commission report; and provided further, that said task force shall submit to the house and senate committees on ways and means the plan for the distribu tion of grants, a time- Chap. 151 line for said distribution, a comprehensive list of grant applicants and a list of awarded grants ....................$495,000 7007-0300 For the operation and administration of the Massachusetts office of business development and the regionalization and job creation program administered by said office, and for marketing and promoting Massachusetts, nationally and internationally, in an effort to attract and retain targeted businesses and industries; provided, that not less than eighty thousand dollars be expended for the Cape Cod economic development council of Barnstable county; and provided further, that not less than two hundred thousand dollars shall be expended for the Center for Advanced Fiberoptic Applications of Southbridge; and provided further that appropriation of said monies shall be contingent upon receipt of matching federal funds; provided further, that not less than eighty thousand dollars be expended to support the economic development activities carried out by the Blackstone Valley chamber of commerce; provided further, that the office maintain business development assistance services to serve southeastern Massachusetts by responding to business inquiries and providing assistance and encouragement in office space at the university of Massachusetts at Dartmouth, for New Bedford and Fall River; provided further, that not less than two hundred fifty thousand dollars be expended for the Massachusetts ventures corporation in the Pioneer Valley; provided further, that not less than one hundred twenty-five thousand dollars shall be obligated as final payment for the support of programs operated by a farm workers' organization serving low-income people and the hispanic population of western Massachusetts; provided further, that said organization shall submit a plan to the house and senate committees on ways and means detailing how program funding will be maintained in fiscal year nineteen hundred and ninety-eight; provided further, that for any and all advertising and marketing programs funded herein, said office shall be required to report to the house and senate committees on ways and means the number of companies contacted, number of companies responding and number of companies locating to the commonwealth for each program conducted and funded herein ...........$3,623,993 Chap. 151 7007-0350 For the purpose of a state matching grant to the Massachusetts manufacturing partnership upon its receipt of federal funds from the technology reinvestment program in the advanced research projects agency of the department of defense, to support the creation of or assistance to manufacturing extension services, alternative deployment pilot projects, technology access programs, and other technology deployment programs; provided, that no funds shall be expended from this item prior to the receipt of federal funds.........$2,000,000 Commonwealth Economic Development Fund . 100.0% 7007-0500 For the operation and maintenance of the Massachusetts biotechnology research institute for the purpose of promoting the commercialization of new, academic-based research and development, and raising the scientific awareness of the communities of the commonwealth ........$500,000 Commonwealth Economic Development Fund . 100.0% 7007-0515 For the operation of the Devens Enterprise Commission.........$250,000 Commonwealth Economic Development Fund . 100.0% 7007-0800 For the state match for a small business development center; provided, that no funds shall be expended from this account until such time as the United States small business administration has executed a grant or contract with the university of Massachusetts at Amherst for the operation of said center; provided further, that the funds expended from this account shall not exceed twenty-five percent of the gross operating cost of said center; and provided further, that quarterly expenditure reports shall be filed with the house and senate committees on ways and means.........$747,203 7007-0900 For the operation and administration of the office of travel and tourism; provided, that for the purposes of developing the request for proposals, so-called, for any marketing and advertising contract, and for overseeing and evaluating said contract, the office shall implement performance-based standards which shall include, but not be limited to, a correlation between compensation and outcomes; provided further, that said performance-based request for proposals and subsequently awarded contracts shall be submitted to the house and senate committees on ways and means and the joint committee on commerce and labor in Chap. 151 conjunction with the office's explicit expectations, including quantifiable measures, for any marketing and advertising program undertaken with funds appropriated herein; provided further, that not less than two hundred thousand dollars shall be expended for the Baystate games, so-called; provided further, that not less than two hundred thousand dollars shall be expended for the expenses of the Massachusetts international trade council; provided further, that not less than four hundred thousand dollars shall be expended for the operation and administration of the Massachusetts film office; provided further, that one million dollars shall be expended for the production and broadcast expenses of the Evening at the Pops; provided further, that nothing in this appropriation shall commit the commonwealth to any expenditure related to said broadcast and production expenses in future years; provided further, that the office of travel and tourism shall receive advertising rights associated with said program; provided further, that not less than three hundred and fifty thousand dollars shall be expended for the purposes of the Visitor Information Services Travel Alliance ("VISTA") according to section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five; provided, that of said three hundred fifty thousand dollars, one hundred seventy-five thousand dollars shall be assessed against the Massachusetts turnpike authority for the purposes of said Vistor Information Service Travel Alliance; provided further, that such assessments shall be credited to the General Fund; provided further, that said VISTA board shall develop a statewide plan for creating local VINS; provided further, that the VISTA board shall develop a plan to link all visitor and information centers in the commonwealth into a unified visitor information system; provided further, that no later than March first of every year, the VISTA board submit to the house and senate committees on ways and means said plans; provided further, that said VISTA board shall make available grants to operators of visitor facilities in the commonwealth to the locally designated VINS boards to provide support for visitor information and visitor services; provided further, that no less than fifty thousand dollars shall be expended Chap. 151 for a tourist information center on Route 3 in Plymouth operated by the Plymouth County Development Council; provided further, that said operator or VINS board shall comply with the provisions pursuant to section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five; provided further, notwithstanding any general or special law to the contrary, no less than three hundred and fifty thousand dollars shall be annually administered from the grant program established in section twenty-two of said chapter one hundred and two to the VISTA board for the purposes of the VISTA grant program; provided further, the VISTA board is authorized and directed to disseminate said funds in a manner the board deems appropriate for the purposes of the program... $10,360,000 Massachusetts Tourism Fund.............. 100.0% 7007-1000 For financial assistance to local tourist councils; pursuant to section fourteen of chapter twenty-three A of the General Laws .............................................$4,921,000 Massachusetts Tourism Fund.............. 100.0% 7007-1200 For a program to enhance and improve the prospects of Massachusetts companies and universities to secure federal technology-related funding from programs, including but not limited to, the technology reinvestment program, the regional technology alliance program, the advanced technology program, the small business innovation research program, the cooperative research and development agreements program, the science and technology transfer program, and the various programs of the national science foundation; provided, that amounts appropriated herein shall be administered by the Massachusetts technology park corporation, through its Massachusetts technology collaborative; provided further, that said corporation shall establish an independent advisory panel that includes representatives from Massachusetts industry, universities, and government agencies to advise said corporation relative to the most effective application of funds appropriated herein; provided further, that funds appropriated herein shall be used solely for the purposes of providing technical assistance and proposal support to applicants or prospective applicants; and provided further, that the exec- Chap. 151 utive director shall file a report with the house and and senate committees on ways and means and the house and senate committees on science and technology detailing the activities undertaken with the funds appropriated herein, as well as the results of fiscal year nineteen hundred ninety-six expenditures, by March fifteenth nineteen hundred ninety-seven ........................................$875,000 Commonwealth Economic Development Fund . 100.0% 7007-1300 For operation and administration of the Massachusetts international trade council; provided further, that not less than fifty thousand dollars shall be expended for an international trade assistance center in Fall River............$777,000 Massachusetts Tourism Fund .............. 100.0% 7007-1500 For the operation and administration of the state office of minority and women business assistance ..................$521,207 7007-2215 For the second year of a state matching grant to fund the council of state government's Yankee Trader Institute as established by section fifty-nine of chapter one hundred and twenty of the acts of nineteen hundred and ninety-five, prior appropriation continued...................... Federal Appropriations 7007-0002 For the purposes of a federally funded grant entitled, Massachusetts Fisheries Initiative........................$200,000 7007-0211 For the purposes of a federally funded grant entitled, Massachusetts Modernization Partnership ...............$4,052,312 7007-7000 For the purposes of a federally funded grant entitled, Planning Assistance - Department of Commerce Development ........$150,000 7007-9007 For the purposes of a federally funded grant entitled, Urban Enterprise Program .................................$4,842,104 Division of Energy Resources. 7007-0600 For the operation and administration of the division of energy resources; provided, that not less than twenty-five thousand dollars shall be expended for a feasibility study of a wood fired energy system at Mount Wachusett community college; and provided further, that said division shall conduct a study to determine the feasibility of merging with the department of public utilities .............$566,014 Chap. 151 7007-0700 For the residential conservation service program pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and eighty, and the commercial and apartment conservation service program pursuant to section twelve of chapter twenty-five A of the General Laws.................$187,661 Federal Appropriations 7007-9642 For the purposes of a federally funded grant entitled, Institutional Conservation Program.............................$56,250 7007-9720 For the purposes of a federally funded grant entitled, State Heating Oil and Propane Program.........................$24,404 7007-9742 For the purposes of a federally funded grant entitled, 1981 State Energy Conservation Plan Grant ....................$474,846 7007-9750 For the purposes of a federally funded grant entitled, Erving Paper Mills National Industrial Competitiveness Through Energy.............................................$132,242 7007-9757 For the purposes of a federally funded grant entitled, Northeast Regional Biomass Program ..........................$30,000 7007-9760 For the purposes of a federally funded grant entitled, Heavy Duty State and Municipal Alternative Fuel Vehicle Demonstration Program..................................$5,000 Department of Education. Office of the Director of Education. State Appropriations 7009-0001 For the administration of the office of the director of education established pursuant to the provisions of section forty-six of this act....................................$250,000 7010-0005 For the operation of the department; provided, that not less than seventy-five thousand dollars shall be expended for staff and support services for the education reform and review commission established pursuant to the provisions of chapter seventy-one of the acts of nineteen hundred and ninety-three .......................................$8,225,673 7010-0012 For grants to cities, towns, or regional school districts for payments of certain costs incurred under the program for the elimination of racial imbalance; provided, that grants Chap. 151 to a city, town, or regional school district shall be limited to actual and specifically documented incremental costs including those costs pursuant to chapter seventy-one B of the General Laws incurred as a direct consequence of participation in the program whenever the reimbursements requested by such city, town, or regional school district exceed the level of reimbursement received in fiscal year nineteen hundred and seventy-seven; and provided further, that the division of elementary, secondary, and occupational education shall, through a competitive procurement process, contract with qualified school transportation business enterprises................................$12,031,328 Local Aid Fund ......................... 100.0% 7010-0016 For the attracting excellence to teaching program established pursuant to section nineteen A of chapter fifteen A of the General Laws as amended by this act; provided, that not less than one hundred and fifty thousand dollars shall be expended for grants to new teachers; provided further, that said teachers shall have graduated in the top fifteen percent of their undergraduate class; and provided further, that said grants shall not exceed one thousand eight hundred dollars per teacher..........................................$300,000 Local Aid Fund ....................... 100.0% 7010-0017 For grants to charter schools, provided, that the board of education may award grants to charter schools established pursuant to section eighty-nine of chapter seventy-one of the General Laws, as added by section fifty-five of the acts of nineteen hundred and ninety-three; provided further, that said grants shall be awarded to support costs associated with planning and development of said schools; provided further, that charter schools shall submit requests for said grants to the board of education; and provided further, that grants shall be awarded pursuant to guidelines developed by said board ...............................$250,000 Local Aid Fund ................:........ 100.0% 7010-0042 For grants to cities, towns, or regional school districts for the cost of providing magnet educational programs in accordance with the provisions of section thirty-seven I and thirty-seven J of chapter seventy-one of the General Laws; provided, that any payment made under this appro- Chap. 151 priation shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town, or regional school district without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that any portion of this appropriation item may be expended by the state board of education to purchase the services of magnet educational programs; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated herein..................$4,800,000 Local Aid Fund ........................ 100.0% 7010-0043 For grants for the equal education improvement fund for cities, towns, or regional school districts under the provisions of section one I of chapter fifteen of the General Laws; provided, that notwithstanding the provisions of said section one I or section thirty-seven D of chapter seventy-one of the General Laws, pupils qualifying for funding under the equal education improvement fund shall also include those of Hispanic and southeast Asian origin; provided further, that any payment made under this appropriation shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding the provisions of any general or special laws to the contrary; and provided further, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount of this appropriation......................................$8,448,000 Local Aid Fund ......................... 100.0% 7027-0016 For matching grants for various school-to-work programs; provided, that the board of education shall establish guidelines for said programs in consultation with the department of labor and workforce development; provided further, that any funds distributed from this item to cities, Chap. 151 towns, or regional school districts shall be deposited with the treasurer of such city, town, or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding the provisions of any general or special laws to the contrary; provided further, that each grant awarded herein shall be matched by the recipient from local, federal or private funds; and provided further, that the board of education may determine the percentage match required on an individual grant basis; and provided further, that the department may reimburse grant recipients for prior year expenditures .............................$864,000 Local Aid Fund......................... 100.0% 7027-1000 For the state matching requirement of the partnerships advancing learning mathematics and science and the community service projects...........................$2,100,000 Local Aid Fund......................... 100.0% 7028-0031 For the expenses of school age children in institutional schools required pursuant to section twelve of chapter seventy-one B of the General Laws; provided, that the department is authorized to provide special education services to eligible inmates in county houses of correction.... $8,512,894 Local Aid Fund......................... 100.0% 7028-0302 For the educational expenses of certain school age children with special needs attending schools under the provisions of section ten of chapter seventy-one B of the General Laws, for the educational expenses of school age children with special heeds attending day or residential programs who have no father or mother or guardian living in the commonwealth, and for expenses relating to the provision of special education to certain children transferred by other state agencies to the department of education; provided, that no payments or approvals shall be given or made, on or after the effective date of this act, which would cause the commonwealth's obligation for the purpose of this item to exceed the amount appropriated herein; and provided further, that notwithstanding the provisions of any general or special law to the contrary, increases in the rate paid to an institution or school for services provided in prior fiscal Chap. 151 years and prior fiscal years' tuition and transportation reimbursements may be expended from this item..........$3,508,460 Local Aid Fund ......................... 100.0% 7030-1000 For contracts with cities, towns, regional school districts, educational collaboratives, head start programs, and licensed day care providers for early care and education programs, pursuant to the provisions of section fifty-four of chapter fifteen of the General Laws, provided, that any payment made under any such contract with a school district shall be deposited with the treasurer of such city, town, or regional school district and held as a separate account and shall be expended by the school committee of such city, town, or regional school district without municipal appropriation, notwithstanding the provisions of any general or special law to the contrary; provided, further, that notwithstanding the provisions of said section fifty-four, school districts and head start agencies that served as lead agencies in fiscal year nineteen hundred and ninety-six shall receive the same amounts, subject to the same conditions as in said fiscal year, and in any city or town in which there was only one lead agency in fiscal year nineteen hundred and ninety-five such lead agency shall serve as lead agency to submit proposals pursuant to said section fifty-four; provided, further, that in addition to services provided by Head Start pursuant to this item in fiscal year nineteen hundred and ninety-six, not less than an additional two million dollars shall be made available for services provided by Head Start agencies pursuant to the provisions of said section fifty-four, in fiscal year nineteen hundred and ninety-seven; provided further, that the department shall not enter into any contracts that would cause annualized costs for this item to exceed the amount appropriated herein; provided further, that the amount by which the funds appropriated in this item exceed the amount appropriated in item 7030-1000 of chapter sixty of the acts of nineteen hundred and ninety-four shall be used to provide services to the children of working parents; provided further, that in allocating said funds, the board of education shall give priority consideration to three and four year old children in cities and towns where high concentrations of low income Chap. 151 working families reside; provided further, that not less than one-third of the total slots funded by said amount by which the funds appropriated in this item exceed the amounts appropriated in item 7030-1000 of said chapter sixty shall be for full-day, full-year care that meets the needs of working parents; provided further, that two hundred and fifty thousand dollars shall be made available from this item for a pilot program that involves students from the university of Massachusetts at Lowell and community teamwork, inc. in the provision of child care services; and provided further, that in addition to funds provided to family networks, so called, pursuant to this item in fiscal year nineteen hundred and ninety-six, not less than an additional one million dollars shall be made available for family networks pursuant to the provisions of said section fifty-four of said chapter fifteen.............$34,309,540 Local Aid Fund ......................... 100.0% 7030-1500 For grants to head start programs.........................$6,829,151 Local Aid Fund ......................... 100.0% 7030-2000 For training and for drop-out prevention grants and basic skills remediation programs to cities, towns, regional school districts, and educational collaboratives programs; provided, that twenty-five per cent of the funds available for drop out prevention programs shall be awarded to school districts that demonstrate a marked increase in the percentage of students who are graduating from a public high school program; provided further, that any funds distributed from this item shall be deposited with the treasurer of such city, town, regional school district or educational collaborative and held in a separate account and shall be expended by the school committee of such city, town, regional school district or educational collaborative without further appropriation, notwithstanding the provisions of any general or special law to the contrary; provided further, that school councils receiving said grants shall be responsible for spending them in accordance with their school improvement plans as defined by section fifty-nine C of chapter seventy-one of the General Laws; and provided further, that one million four hundred seventy-five thousand nine hundred eighty-eight dollars Chap. 151 shall be allocated to basic skills remediation programs for students in grades one through nine; and provided further, that eighty-nine thousand two hundred and forty-eight dollars be earmarked for the expansion of the Boston-based comprehensive school age parenting program, inc. to accommodate an increased caseload pursuant to chapter five of the acts of nineteen hundred and ninety-five........$3,735,968 Local Aid Fund ......................... 100.0% 7032-0500 For grants to cities and towns and regional school districts for school-based comprehensive health education and human services in schools; provided, that any funds distributed from this item shall be deposited with the treasurer of said city, town or regional school district and held in a separate account and shall be expended without further appropriation by the school committee; provided further, that not more than one percent of the amount appropriated herein shall be expended for administrative costs; provided further, that one million four hundred thousand dollars shall be expended on the school linked services program; provided further, that the commissioner of education shall file a report on the distribution of all funds appropriated herein with the joint committee on education and the house and senate committees on ways and means not later than October fifteenth, nineteen hundred and ninety-six; and provided that no more than three hundred thousand dollars shall be expended for teen dating violence prevention; and provided further that no less than thirty-seven thousand five hundred dollars shall be expended for the North Quabbin Domestic Violence Prevention Program created in this act........................................$11,139,503 Health Protection Fund................... 100.0% 7035-0002 For the expenses of providing and strengthening basic educational attainment and work-related programs in reading, writing and mathematics at adult learning centers; provided, that not less than one hundred thousand dollars be expended for programs including, but not limited to, adult basic education and English as a second language provided by the NDEC educational program, so-called .... $11,745,465 Local Aid Fund.......................... 51.0% Commonwealth Economic Development Fund .. 49.0% Chap. 151 7035-0004 For reimbursements to cities, towns, regional school districts and independent vocational schools for certain expenditures for transportation of pupils pursuant to the provisions of section one I of chapter fifteen of the General Laws, sections seven A, seven B, and thirty-seven D of chapter seventy-one of the General Laws, section eight of chapter seventy-one A of the General Laws, section fourteen of chapter seventy-one B of the General Laws, and section eight A of chapter seventy-four of the General Laws; provided, that of the amount appropriated herein, not less than one million five hundred thousand dollars shall be obligated for the implementation of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three; provided further, that any city, town or regional school district or independent vocational school which has not accepted the provisions of chapter six hundred and sixty-three of the acts of nineteen hundred and eighty-three shall be ineligible for any reimbursement of costs incurred during fiscal year nineteen hundred and ninety-six under this item or for reimbursement of such costs under any of the provisions of general law referred to herein; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein..........................$57,600,000 Local Aid Fund ......................... 100.0% 7035-0006 For reimbursements to regional school districts for the transportation of pupils; provided, that notwithstanding the provisions of any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein..........................$27,939,604 Local Aid Fund ......................... 100.0% 7051-0015 For the administration of the emergency food assistance program............................................$142,000 Local Aid Fund ......................... 100.0% 7052-0003 For school building assistance grants and reimbursements for projects to eliminate racial imbalance under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended, for first an- Chap. 151 nual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of said chapter six hundred and forty-five, shall not exceed eighteen million four hundred nineteen thousand and one hundred twenty-eight dollars, six million of which shall be attributed to the total amount to be expended on the education reform funding schedule specified in section sixty-eight of chapter seventy-one of the acts of nineteen hundred and ninety-three; provided further, that projects on the fiscal year nineteen ninety-six priority lists ranked through number twenty-two, inclusive, shall be given priority before any other projects; and provided further, that a report shall be filed semi-annually by the board of education with the house and senate ways and means committees regarding funding commitments .... $8,384,455 Local Aid Fund ......................... 100.0% 7052-0004 For school building assistance grants and reimbursements for cities and towns not subject to court-ordered or board of education racial imbalance plans under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight, for first annual payments on school projects; provided, that the aggregate amount of first annual estimated payments for school projects approved by the board of education under the provisions of chapter six hundred forty-five of the acts of nineteen hundred forty-eight in the fiscal year ending June thirtieth, nineteen hundred ninety-seven shall not exceed fourteen million four hundred sixty-three thousand four hundred seventy-one, six million of which shall be attributed to the total amount to be expended on the education reform funding schedule specified in section sixty-eight of chapter seventy-one of the acts of nineteen hundred and ninety-three; provided further, that projects on the fiscal year nineteen ninety-six priority lists ranked through number one hundred and eighteen, inclusive, shall be given priority before any other projects; and provided further, that a report shall be filed semiannually by the board of education with the house and senate committees regarding funding commitments ..............................$11,572,731 Local Aid Fund......................... 100.0% Chap. 151 7052-0005 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended, for annual payments on the accounts of school projects for which first annual payments have been made..........................$166,173,474 Local Aid Fund ......................... 100.0% 7052-0006 For grants and reimbursements to cities, towns, regional school districts and counties under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended, for (a) educational, engineering and architectural services for school districts, (b) surveys made of school building needs and conditions, (c) matching stabilization fund payments, (d) costs of leasing buildings for vocational programs and originally equipping and furnishing said buildings for vocational programs, and (e) payments associated with admission to a regional school district...............................$333,903 Local Aid Fund......................... 100.0% 7052-0007 For grants and reimbursements to cities, towns, regional school districts and counties for the purposes of the school building assistance program under the provisions of chapter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended; provided, that of the amount appropriated herein, the board of education may authorize one-time payments of the total reimbursement due to cities and towns for school buildings that are structurally unsound or otherwise in a condition jeopardizing the safety of school children................$2,300,000 Local Aid Fund......................... 100.0% 7053-1909 For reimbursements to cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children as authorized by chapter five hundred and thirty-eight of the acts of nineteen hundred and fifty-one, and for supplementing funds allocated for the special milk program; provided, that notwithstanding the provisions of any general or special law to the contrary, payments so authorized in the aggregate for partial assistance in the furnishing of lunches to school children shall not exceed .151 the required state revenue match contained in Public Law 79-396, as amended, cited as the national school lunch act, and in the regulations implementing said act .............$5,426,986 Local Aid Fund ......................... 100.0% 7053-1925 For the school breakfast program; provided, that of the sum appropriated herein, not less than three hundred thousand dollars shall be expended for the summer food service outreach program, and not less than two hundred thousand dollars shall be expended for the school breakfast outreach program, including reimbursement of municipal expenses, prior appropriation continued ...........................$850,000 Local Aid Fund......................... 100.0% 7061-0008 For school aid to cities, towns, regional school districts, counties maintaining agricultural schools and independent vocational schools to be distributed pursuant to the provisions of chapters seventy and seventy-six of the General Laws, as appearing in sections thirty-two and sixty-one of chapter seventy-one of the acts of nineteen hundred ninety-three; provided further, that notwithstanding the provisions of section three of this act, each school district which receives aid from this item in fiscal year nineteen hundred ninety-seven, shall expend from this aid not less than fifty dollars per student on professional development expenditures as defined in regulations of the department of education; provided, that said fifty dollars per student shall include twenty-five dollars in such aid previously made available in chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, that eighteen million two hundred thousand dollars shall be transferred from item 7061-9100 and credited to this item; provided further, that said eighteen million two hundred thousand dollars shall not be subject to the provisions of paragraph (b) of section twelve of chapter seventy of the General Laws; provided further, that notwithstanding the provisions of any general or special law to the contrary, no school district shall receive less than seventy-five dollars per student in chapter seventy aid, so-called, in fiscal year nineteen hundred and ninety-seven; provided, that said aid shall be in addition to the seventy-five dollars per student aid authorized and made available in this item of section Chap. 151 two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; and provided further, that each such district shall report to said department the professional development activities funded by said expenditures and said department shall make a determination as to whether said amounts were expended for professional development activities.......................................$2,040,387,637 Local Aid Fund......................... 100.0% 7061-0009 For reimbursement to cities, towns and regional school districts of public school tuition of any school age child placed in a school district other than a home town by, or under the auspices of, the department of transitional assistance or the department of social services pursuant to section ninety-six of chapter seventy-one of the acts of nineteen hundred and ninety-three; provided, that notwithstanding section ninety-six of said chapter seventy-one, said reimbursement, including any amount transferred into this account from item 1599-9100, shall constitute complete satisfaction of the commonwealth's obligation for tuition payments to cities, towns or regional school districts for school aged children placed by, or under the control of, the department of transitional assistance or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws, other than in a home town................$7,508,959 Local Aid Fund ......................... 100.0% 7061 -0011 For a reserve to meet unanticipated or extraordinary increases in the minimum required local contribution of a municipality as calculated pursuant to the requirements of this act and chapter seventy of the General Laws, in conjunction with unanticipated or extraordinary decreases in cherry sheet aid, so-called, for such municipalities, or to meet expenses associated with extraordinary increases in enrollment calculated on a percentage basis for such municipalities; and for a reserve to assist regional school districts offset unanticipated funding losses resulting from a member municipality's extraordinary increase or decrease in its minimum required local contribution; provided, however, priority shall be granted to member municipalities of regional, and regional vocational school Chap. 151 districts; provided further, that special consideration shall be given to municipalities experiencing difficulty reaching their foundation budgets; provided further, that a municipality seeking funds hereunder shall apply for a waiver from the department of revenue pursuant to section five hundred and eighty-nine of this act; provided further, that the commissioner of revenue shall issue a finding concerning such waiver applications within thirty days of the receipt thereof, after consulting with the commissioner of education regarding the merits of said application; provided further, that, notwithstanding any general or special law to the contrary, assistance funded by this item shall only be available on a one-time non-recurring basis; provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the minimum required local contribution for fiscal year nineteen hundred and ninety-eight; and provided further, that eighty-three thousand dollars shall be expended for the town of Holbrook; provided further, that one hundred eighty-two thousand nine hundred forty-nine dollars shall be expended for a rate adjustment for the town of Swansea for its contribution to the Diman regional vocational technical high school in the city of Fall River; provided further, that two million dollars shall be expended for the town of Bourne; provided further, that one million eight hundred thousand dollars shall be expended for the town of Barnstable; provided further, that thirty-nine thousand and thirty dollars shall be expended for the town of Pelham; provided further, that not less than two hundred and fifty thousand dollars shall be expended for the town of Franklin; provided further, that sixty-five thousand dollars shall be expended for the town of Shutesbury; provided further, that two hundred fifty thou-and dollars shall be expended for the Mahar regional school district; provided further, that three hundred thousand dollars shall be expended for the town of Newburyport; provided further, that one hundred eighty-seven thousand dollars shall be expended for the Hampshire regional school district; provided further, that forty-five thousand one hundred and thirteen dollars shall be expended for the New Salem-Wendell school district; provided further, that fifty-five thousand dollars shall be Chap. 151 expended for the town of Rowley to meet the extraordinary increase in its minimum contribution to the Triton regional school district; provided further, that thirty thousand dollars shall be expended for the town of Rowe; and provided further, that the department of education shall expend from this item an amount not less than five thousand three hundred fifty-seven dollars to repay the town of Chester for said department's errant school choice program assessment on said town......................$8,000,000 Local Aid Fund......................... 100.0% 7061-0012 For non-educational costs of residential school programs for students placed by a local school district or ordered by the bureau of special education on appeals, as provided under chapter seventy-one B of the General Laws; provided, that subject to rules and regulations promulgated by the commissioner of education, each city and town shall verify to the commonwealth the cost thereof and upon approval of the commissioner the treasurer shall be authorized to make such payments directly to the service provider for services provided on or after July first, nineteen hundred ninety-six; provided further, that not more than five million dollars may be used to continue and expand voluntary residential placement prevention programs between the department of education and other departments within the executive office of health and human services that develop community based support services for children and their families; and provided further, that the amount spent for a particular student shall not exceed the amount of tuition funds allocated for the student at the time of transition into such community-based support services; provided further, that funding provided herein may reimburse private schools for prior fiscal year's tuition; and provided further, that the commonwealth shall not pay more than fifty percent of the cost of any such residential placement .................$37,851,563 Local Aid Fund ......................... 100.0% 7061-9000 For fiscal year nineteen hundred and ninety-seven reimbursements to certain cities, towns and regional school districts for a school choice transportation reimbursement program pursuant to subsection (i) of section twelve B of chapter seventy-six of the General Laws.........................$500,000 Chap. 151 Local Aid Fund ......................... 100.0% 7061 -9010 For fiscal year nineteen hundred and ninety-seven reimbursements to certain cities, towns, and regional school districts pursuant to section nineteen of chapter two hundred and sixty-seven of the acts of nineteen hundred and ninety-five as amended by this act ..............................$1,921,965 Local Aid Fund......................... 100.0% 7061-9100 For professional development; provided, that eighteen million two hundred thousand dollars shall be transferred to item 7061-0008 for the purposes of professional development; provided further, that said eighteen million two hundred thousand dollars shall not be subject to the provisions of subsection (b) of section twelve of chapter seventy of the General Laws; provided further, that preference shall be given to public institutions of higher education in the Commonwealth in contracts awarded by the department of education for the professional development of teachers; and provided further, that not less than two hundred thousand dollars shall be expended for the writing project at the university of Massachusetts at Amherst and at Boston for the professional development of teachers......$18,400,000 Local Aid Fund ......................... 100.0% 7061-9200 For the education technology program, so-called; provided further, that the department of education shall file a spending plan for the amounts appropriated herein with the joint committee on education and the house and senate committees on ways and means by September first, nineteen hundred and ninety-six; provided further, that sixty thousand dollars shall be expended on the Pentucket regional schools for the purpose of creating technology matching partnerships; provided further, that one hundred and fifty thousand dollars shall be expended for equipment purchases by the town of Framingham in accordance with the Framingham school technology plan; provided further, that one hundred and fifty thousand dollars shall be expended for the Hopkinton technology project; provided further, that one hundred and fifty thousand dollars shall be expended for the Athol-Royalston high school wood energy project; and provided further, that the department shall not disburse the funds made available Chap. 151 herein for said project until Athol-Royalston high school demonstrates that it has collected three hundred thousand dollars from local sources..............................$952,686 Local Aid Fund......................... 100.0% 7061-9300 For curriculum frameworks, provided, that the department shall include, pursuant to the second paragraph of section one D of chapter sixty-nine of the General Laws, comprehensive standards in said frameworks which are expressed in terms which lend themselves to objective measurement, define the performance outcomes expected of students, and facilitate comparisons with students of other states and nations................................$750,000 Local Aid Fund ......................... 100.0% 7061-9400 For student and school assessment; provided, that assessment shall center on the academic standards embodied in the curriculum frameworks and shall involve gauges which are relevant and meaningful to students, parents, teachers, administrators, and taxpayers pursuant to paragraph one of section one L of chapter sixty-nine of the General Laws; and provided further, however, notwithstanding the provision of any general or special law to the contrary, assessment of proficiency in english shall be administered in english ........................................$6,150,000 Local Aid Fund......................... 100.0% 7061-9600 For payments to state public institutions of higher education for the dual enrollment program, so-called...............$ 1,000,000 Local Aid Fund ......................... 100.0% 7061-9604 For teacher preparation as approved in the board of education's five year master plan; provided, that not more than three hundred fifty thousand dollars may be expended on the teacher certification system and development program; and provided further, that not more than one million dollars may be expended on the administration certification program................................$1,350,000 Local Aid Fund ......................... 100.0% 7061-9611 For after-school programs as approved in the board of education's five year master plan; provided, that two hundred and fifty thousand dollars shall be expended for Chap. 151 a pilot program in the city of Fall River on preventing violence among youths, prior appropriation continued; provided further, that no less than fifty thousand dollars shall be expended for a pilot program to create a recreation and education advancement program to be administered by the management team created in chapter one hundred thirty-three of the acts of nineteen hundred and eighty-nine; provided further, that two hundred fifty thousand dollars shall be expended for a pilot program in the city of Lawrence to incorporate violence prevention education skills with reading, language, social studies, science, math, and the arts for kindergarten through grade eight; provided further, that said program shall also provide parent training and education in violence prevention; provided further, that not less than one million fifty thousand dollars may be expended on the after school programs; provided further, that no funds from this item may be expended for the educational alternatives for chronically disruptive students program, provided further, that one million dollars shall be expended for service corps and community-based service-learning programs administered by the Massachusetts national and community service commission; and provided further, that two hundred thousand dollars shall be expended for a violence prevention task force and for grants for violence prevention initiatives; and provided further, that two hundred and fifty thousand dollars shall be expended for service corps and community-based service-learning programs administered by the Massachusetts national and community service commission ........$2,500,000 Local Aid Fund ......................... 100.0% 7061-9612 For the school of excellence program at the Worcester polytechnic institute; provided, that every effort be made to recruit and serve equal numbers of male and female students; provided further, that sending school districts of students attending said academy shall not be required to expend any funds for the cost of said students while in attendance at said academy; provided further, that of the amount appropriated herein, three hundred and seventy-eight thousand dollars shall be obligated for professional Chap. 151 development activities at the school of excellence program at Worcester polytechnic institute, including salary and benefits for so-called master teachers and visiting scholars; and provided further, that the department of education is hereby authorized and directed to enter into an agreement with Worcester polytechnic institute to operate a school of excellence in mathematics and science....................$819,231 Local Aid Fund ......................... 100.0% 7061-9615 For the Mass Ed On-Line program, so-called; provided, that the department of education shall file a spending plan for the amounts appropriated herein with the joint committee on education and the house and senate committees on ways and means by September first, nineteen hundred and ninety-six; provided that not less than one hundred and fifty thousand dollars shall be allocated as the commonwealth's share of the Federal Technology Reinvestment Project, Nil-based Education Consortium, so-called .......$2,000,000 Local Aid Fund ......................... 100.0% 7061-9616 For the family support and adult learning network .............$200,000 Local Aid Fund ......................... 100.0% 7061-9617 For the abstinence-based teen pregnancy prevention program, so-called, to prevent teen pregnancy in the cities of Lawrence, North Adams and Pittsfield; provided, that the funds appropriated herein shall be transferred to the department of public health to administer said program; and provided further, that not less than sixty thousand dollars shall be expended for said program in the city of Pittsfield......$180,000 Local Aid Fund ............'............. 100.0% 7061-9618 For the provision of day care vouchers for teen parents in order to allow said parents to attend high school pursuant to the provisions of subsection (i) of section one hundred ten of chapter five of the acts of nineteen hundred and ninety-five; provided, that two million dollars shall be transferred from this item to item 4000-0215.............$2,000,000 Local Aid Fund......................... 100.0% 7061-9619 For the purpose of funding the Franklin Institute of Boston; provided, that the Franklin Institute of Boston shall be granted access to the Massachusetts education computer Chap. 151 system; and provided further, that the Franklin Institute of Boston shall be permitted to join the state buying consortium...............................................$1 Local Aid Fund ......................... 100.0% 7061-9620 For grants to school districts for the costs associated with establishing advanced placement courses; provided, that priority shall be given to those districts not offering advanced placement courses in the nineteen hundred ninety-five to nineteen hundred ninety-six school year........$500,000 Local Aid Fund ......................... 100.0% 7061-9621 For the administration of a grant program for gifted and talented school age children; provided, that the funds appropriated in this line item shall be in addition to any federal funds available for said program; provided further, that the department shall establish criteria for the purpose of identifying children enrolled in a public school in the commonwealth in grades kindergarten through twelve who excel, or have the potential to excel, beyond their age peers to the extent that said students can benefit from said program; and provided further, that said programs may be made available by any city, town or regional school district......$437,970 Local Aid Fund ......................... 100.0% 7061-9622 For grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples, projects and shall facilitate authentic and direct gauges of student performance; and provided further, that said portfolio assessments, shall not replace the statewide standardized assessment based on the curriculum frameworks ..............................................$300,000 Local Aid Fund......................... 100.0% 7061-9624 For the funding of the Attleboro Literacy Center ...............$30,000 Local Aid Fund......................... 100.0% 7061-9625 For professional standards for teachers, administration preparation and development, including professional development and recertification of administrators, and the Chap. 151 development and monitoring of professional development programs for teachers as approved in the board of education's five year master plan.......................$1,025,000 7061-9626 For grants and contracts with youthbuild programs certified by Youthbuild USA for the purposes of providing comprehensive youthbuild services to economically disadvantaged young adults; provided, that one hundred twenty-five thousand dollars be used for said programs in the city of Boston; provided further, that seventy-five thousand dollars be used for said programs in the city of Cambridge..........................................$500,000 7061-9628 For the establishment and operation of a school-to-career demonstration program in the New Bedford public school system to further develop a systematic program existing at the elementary level to the junior and senior high school levels ..............................................$125,000 7061-9629 For grants to cities, towns, or regional school districts for early intervention individual tutorial literacy programs designed as a pre-special education referral, short-term intervention for children who are at-risk of failing to learn to read in first grade, provided that said programs are research-based with proven long-term results, identify students in need of additional help no later than mid-first grade, train and provide ongoing training and support to program teachers, and include ongoing documentation and evaluation of results ..................................$500,000 Local Aid Fund ......................... 100.0% Federal Appropriations 7010-0013 For the purposes of a federally funded grant entitled, Administration-Desegregation Plans for Massachusetts Public Schools.......................................$149,943 7010-2000 For the purposes of a federally funded grant entitled, Goals 2000 - Distribution .................................$5,800,000 7010-2001 For the purposes of a federally funded grant entitled, Goals 2000 - Administration...............................$8,000,000 7010-2002 For the purposes of a federally funded grant entitled, Goals 2000 - Technology.....................................$75,000 Chap. 151 7010-6610 For the purposes of a federally funded grant entitled, Initial Teacher Professional Development-Administration..........$220,000 7010-6611 For the purposes of a federally funded grant entitled, Initial Teacher Professional Development-Distribution ............$200,000 7010-9093 For the purposes of a federally funded grant entitled, Partnerships Advancing Learning of Math and Science -Administration........................................$75,599 7010-9094 For the purposes of a federally funded grant entitled, Partnerships Advancing Learning of Math and Science - Distribution ..............................................$1,400,000 7010-9103 For the purposes of a federally funded grant entitled, Math and Science Curriculum Frameworks for Massachusetts ......$600,000 7010-9104 For the purposes of a federally funded grant entitled, Math and Science Curriculum Frameworks - Distribution..........$160,000 7010-9134 For the purposes of a federally funded grant entitled, Comprehensive School Health Education School Health Restructuring........................................$130,000 7010-9135 For the purposes of a federally funded grant entitled, Comprehensive School Health Education School Health Restructuring - Distribution..............................$40,000 7010-9706 For the purposes of a federally funded grant entitled, Common Core Data Project .............................$48,000 7010-9732 For the purposes of a federally funded grant entitled, Chapter II Education Consolidation and Improvement Act -Administration.......................................$689,437 7027-9116 For the purposes of a federally funded grant entitled, Occupational Education - Distribution .................$17,000,000 7027-9123 For the purposes of a federally funded grant entitled, Technical Preparation ...............................$1,900,000 7027-9126 For the purposes of a federally funded grant entitled, Occupational Education - Administration................$1,108,518 7028-0601 For the purposes of a federally funded grant entitled, Education of Handicapped - Administration..............$2,262,000 7028-9125 For the purposes of a federally funded grant entitled, Transition Services for Youth with Disabilities - Administration.......$51,849 Chap. 151 7028-9500 For the purposes of a federally funded grant entitled, Special Education for Culturally and Linguistically Diverse Exceptional Students..................................$325,000 7030-0191 For the purposes of a federally funded grant entitled, Coordination of Technical Assistance for Bilingual Education Programs by S.E.A.S...........................$44,460 7030-9736 For the purposes of the Chapter II Block Grant Distribution___$5,500,000 7030-9780 For the purposes of a federally funded grant entitled, Dwight D. Eisenhower Math and Science Education Program -Administration........................................$80,826 7030-9790 For the purposes of a federally funded grant entitled, Dwight D. Eisenhower Math and Science Education Program -Distribution .......................................$3,900,000 7032-0217 For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program - Distribution .........$570,000 7032-0227 For the purposes of a federally funded grant entitled, Drug Free Schools - Administration...........................$294,895 7032-0228 For the purposes of a federally funded grant entitled, Massachusetts AIDS Education Program ..................$169,035 7032-0230 For the purposes of a federal grant entitled, Drug Free Schools - Distribution...............................$6,600,000 7032-0402 For the purposes of a federally funded grant entitled, Local Education Agencies Education of Children of Low Income Families - Administration..............................$589,320 7032-0403 For the purposes of a federally funded grant entitled, Chapter I - Administration ....................................$500,000 7032-9130 For the purposes of a federally funded grant entitled, Foreign Language Assistance - Distribution.......................$100,000 7032-9131 For the purposes of a federally funded grant entitled, Foreign Language Assistance - Administration .....................$41,000 703 3 -9401 For the purposes of a federally funded grant entitled, Christa McCauliffe - Administration..............................$1,200 7033-9402 For the purposes of a federally funded grant entitled, Christa McCauliffe - Distribution ...............................$40,000 7035-0013 For the purposes of a federally funded grant entitled, Education of the Handicapped - Distribution .............$1,341,716 Chap. 151 7035-0116 For the purposes of a federally funded grant entitled, Chapter I, Education Consolidation and Improvement Act -Distribution .....................................$125,000,000 7035-0126 For the purposes of a federally funded grant entitled, Neglected and Delinquent Children ......................$725,000 7035-0136 For the purposes of a federally funded grant entitled, Children in State Adult Correctional Institutions....................$131,546 7035-0146 For the purposes of a federally funded grant entitled, Migrant Education.........................................$3,300,000 7035-0151 For the purposes of a federally funded grant entitled, Homeless Children Youth Exemplary Grant................$400,000 7035-0156 For the purposes of a federal grant entitled, Chapter I Capital Expenses for Private Schools .........................$1,600,000 7035-0157 For the purposes of a federal grant entitled, Chapter I Program Improvement........................................$650,000 7035-0158 For the purposes of a federally funded grant entitled, Massachusetts Educational Program for Homeless Children.............................................$44,460 7035-0166 For the purposes of a federally funded grant entitled, Even Start Family Literacy - Distribution ....................$1,600,000 7035-0167 For the purposes of a federally funded grant entitled, Even Start Family Literacy - Administration.....................$70,560 7035-0316 For the purposes of a federally funded grant entitled, Education of the Handicapped - Distribution ............$59,000,000 7035-0713 For the purposes of a federally funded grant entitled, Early Childhood Incentive - Administration.....................$221,516 7035-0716 For the purposes of a federally funded grant entitled, Preschool Incentive - Distribution......................$7,400,000 7035-0718 For the purposes of a federally funded grant entitled, Preschool Incentive - Discretionary.......................$523,566 7038-0002 For the purposes of a federally funded grant entitled, Adult Basic Education - Administration........................$290,330 7038-0106 For the purposes of a federally funded grant entitled, Adult Basic Education - Distribution ........................$4,500,000 Chap. 151 7038-0109 For the purposes of a federally funded grant entitled, Adult Education for the Homeless..............................$70,000 7038-0110 For the purposes of a federally funded grant entitled, Adult Education for the Homeless.............................$430,000 7038-0150 For the purposes of a federally funded grant entitled, National Workplace Literacy Program - Administration...............$66,188 7038-0151 For the purposes of a federally funded grant entitled, National Workplace Literacy Program - Distribution ................$800,000 7038-0195 For the purposes of a federally funded grant entitled, State Literacy Resource Centers .............................$150,000 7038-0197 For the purposes of a federally funded grant entitled, Staff Development........................................$180,000 7038-9002 For the purposes of a federally funded grant entitled CNCS School Based-Administration............................$20,000 7038-9003 For the purposes of a federally funded grant entitled, CNCS School Based - Administration...........................$56,000 7038-9004 For the purposes of a federally funded grant entitled, CNCS School Based - Distribution ............................$370,000 7038-9203 For the purposes of a federally funded grant entitled, CNCS American Conservation and Youth Service Corps -Administration........................................$60,000 7038-9204 For the purposes of a federally funded grant entitled, CNCS American Conservation and Youth Service Corps -Distribution.......................................$6,250,000 7038-9205 For the purposes of a federally funded grant entitled, Americorps-Training..................................$135,000 7038-9402 For the purposes of a federally funded grant entitled, CNCS National Demonstration Models-Administration .............$10,000 7038-9403 For the purposes of a federally funded grant entitled, CNCS National Demonstration Models - Administration ............$26,775 7038-9404 For the purposes of a federally funded grant entitled, Learn and Serve America Community Based Training -Administration.......................................$130,000 7038-9724 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance Administration........................................$27,000 Chap. 151 7038-9746 For the purposes of a federally funded grant entitled, Emergency Immigrant Education Assistance - Distribution.... $1,000,000 7053-2105 For the purposes of a federally funded grant entitled, Special Food Distribution Cash................................$550,000 7053-2111 For the purposes of a federally funded grant entitled, Special Milk Program .......................................$625,000 7053-2112 For the purposes of a federally funded grant entitled, School Lunch, Section 11 - Special Assistance.................$60,000,000 7053-2113 For the purposes of a federally funded grant entitled, Community School Lunch Program ...................$14,000,000 7053-2114 For the purposes of a federally funded grant entitled, School Breakfast Program ................................$16,000,000 7053-2117 For the purposes of a federally funded grant entitled, Child Care Food Program................................$40,000,000 7053-2118 For the purposes of a federally funded grant entitled, School Food Service-Management and Related Activities...........$200,000 7053-2126 For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance.................$1,000,000 7053-2202 For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children ...............$750,000 7062-0008 For the purposes of a federally funded grant entitled, Nutrition Program - Administration ....................$1,173,506 7062-0018 For the purposes of a federally funded grant, entitled, Cooperative Demonstration (School to Work) ........ Board of Higher Education. State Appropriations 7066-0000 For the operation of the board of higher education established by chapter fifteen A of the General Laws including, but not limited to, a division of fiscal affairs, a division of labor relations and affirmative action, a division of research, policy and planning, a division of student affairs, a business office, an office of general counsel, and for the operation of the higher education computer network; provided, that the council may require the state and com- Chap. 151 munity colleges to provide communication accessability for the deaf and hard of hearing where necessary; provided further, that not less than one hundred twenty-five thousand dollars shall be expended for campus technical assistance grants so-called; provided further, that notwithstanding the provisions of any general or special law to the contrary, data processing services of the computer network may be rendered to agencies, institutions and other educational organizations in the commonwealth at no expense to said network; and provided further, that charges for using said services shall be allocated to said agencies, institutions, and organizations pursuant to a schedule of fees and charges for said services ......................$3,265,400 For a revenue retention account for the operation of the higher education computer network; provided, that said network is authorized to expend up to one hundred fifty thousand dollars in fees and charges collected for data processing services rendered to agencies, institutions and other educational organizations in the commonwealth ............$150,000 For the commonwealth's share for the cost of the compact for education............................................$60,500 7066-0009 For the New England board of higher education ...............$605,177 7066-0100 For a reserve to be distributed according to guidelines established by the board of higher education for campus initiatives or projects to improve academic programs and student performance, campus accountability, efficiency in management, and cost-effective use of resources; provided, that the board shall report quarterly to the house and senate committees on ways and means and the joint committee on education, arts and humanities, which institutions applied for said grants, which institutions received said expenditures or grants, and the intended projects and project outcomes; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the board may allocate funds from this item to other items of appropriation; and provided further, that the board shall submit an allocation plan to the house and senate committees on ways and means ten days prior to any allocation of funds from this item.................$3,800,000 7066-0002 7066-0005 Chap. 151 7070-0031 For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the chancellor of higher education and for students with serious physical impairments, known as the Ronald E. McNair education opportunity program .................$4,061,741 7070-0032 For student financial aid to provide matching funds to the supplemental educational opportunity grant program, the college work study program and the Perkins loan program, as determined by the board of higher education ...........$1,569,105 7070-0065 For a scholarship program, to provide financial assistance to Massachusetts students enrolled in and pursuing a program of higher education in any approved public or independent college, university, school of nursing, or any other approved institution furnishing a program of higher education; provided, that the Massachusetts state scholarship office is hereby authorized to expend not less than twelve million six hundred thousand dollars for a program of needs-based financial assistance for Massachusetts residents enrolled in and pursuing a program of higher education in any of the public institutions of higher education of the commonwealth; provided further, that not less than ten million dollars shall be made available for the no-interest loan program pursuant to section fifty-one of this act; provided further, that of said ten million dollars, not more than seven hundred seventy-five thousand dollars be spent for the administration of said no-interest loan program; provided further, that of the sum appropriated herein, not less than one million dollars shall be obligated for the purposes of the Massachusetts plan, pursuant to section five C of chapter fifteen C of the General Laws; provided further, that the Massachusetts state scholarship office is authorized and directed to expend no less than ten million dollars to provide for the matching scholarship grants to needy Massachusetts students at participating Massachusetts independent regionally accredited colleges, universities, and schools of nursing; provided further, that such assistance be distributed to students demonstrating the greatest need as determined by an eligibility index used Chap. 151 by the state scholarship office; provided further, that students awarded full or partial scholarships under the Christian A. Herter memorial scholarship program, as established in section sixteen of chapter fifteen A of the General Laws, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by said program; provided further, that the state scholarship office is authorized to expend monies for the public service awards, as established in said section sixteen of said chapter fifteen A; provided further, that the chancellor of higher education, in coordination with the Massachusetts state scholarship office shall establish such regulations governing the eligibility and the awarding of financial assistance as he shall deem necessary;- and provided further, that not more than nine hundred fifty-four thousand one hundred seventy-seven dollars shall be expended on the administration of the scholarship program.........$67,734,050 7077-0010 For the purchase of scientific, technological and other educational reference materials for the libraries of the system of public higher education institutions ...................$11,000,000 7077-0023 For a contract with the Tufts school of veterinary medicine; provided, that funds appropriated herein shall be expended for supportive veterinary services provided to the commonwealth; and provided further, that prior year costs may be paid from this item...............................$4,525,000 7100-0200 For the operation of the university of Massachusetts; provided, that, notwithstanding any provision of general or special law to the contrary, the board of trustees shall develop an allocation plan for the amount appropriated herein and shall notify the house and senate committees on ways and means of said plan within forty-five days of the passage of this act; provided, that the board of trustees in conjunction with the state health education center at the university of Massachusetts medical center shall maintain learning contracts for students admitted on or after the fall of nineteen hundred and seventy-eight which shall include provisions for "payback" service or monetary payback to the commonwealth for a period after said students have Chap. 151 fulfilled all internship and residency requirements; provided further, that not less than seven hundred ninety-five thousand six hundred and nineteen dollars be expended for the purposes of the area health education centers program, also known as "AHEC"; provided further, that not less than one hundred thirty-six thousand eight hundred sixteen dollars be expended for the purpose of the state health education center at the medical center; provided, further, that not less than two hundred seventy-five thousand dollars shall be expended for the analysis of any narcotic drug and/or synthetic substitute, poison, drug, medicine or chemical at the university of Massachusetts medical school in order to support the law enforcement efforts activities of the district attorney and the police departments of the cities and towns of the middle district; provided further, that not less than forty thousand dollars shall be expended for the costs associated with the publication and distribution of the popular history of work and labor in Massachusetts titled the "Commonwealth of Toil"; provided further, that not less than two hundred and fifty thousand dollars be expended for the purpose of the Paul E. Tsongas industrial historical center at the university of Massachusetts at Lowell; provided further, that of the sum appropriated herein, not less than one hundred fifty thousand dollars be expended for a college preparation program at the university of Massachusetts at Lowell; provided further, that not less than sixty-nine thousand five hundred and sixty-six dollars be expended for the center for rural Massachusetts at Amherst; provided further, that not less than six hundred twenty-one thousand dollars be expended for the Massachusetts institute for social and economic research at Amherst to manage the United States census data and provide population estimates and projections and for the evaluation of the commonwealth's eligibility for federal grant programs and for the application for, and acquisition of, any grants made under such programs, and for the marketing and sale of publications and services, to public and private entities, provided by said institute; provided further, that four hundred ninety-nine thousand nineteen dollars be expended for the purposes of the William Joiner center; provided Chap. 151 further, that not less than two hundred sixty-two thousand two hundred and eighty-seven dollars be expended for the purposes of the Mauricio Gaston institute of Latino community development and public policy; provided further, that not less than two hundred ninety-nine thousand two hundred and eighty-four dollars be expended for the purposes of research and analytical studies at the Monroe Trotter institute; provided further, that not less than two hundred thousand dollars be expended for the purposes of the institute for Asian-American studies; provided further, that not less than seventy-five thousand dollars shall be expended on an artificial reef program; including, but not limited to, the creation of a model program to enhance and rehabilitate marine habitats at the university of Massachusetts at Dartmouth; provided further, the university of Massachusetts at Dartmouth shall enter into a cooperative agreement with the division of fisheries and wildlife within the department of fisheries, wildlife and law enforcement for said division to administer said program; provided further, that not less than six hundred twenty-eight thousand eight hundred and thirty-four dollars be expended for the expense of a gerontology institute; provided further, that of the amount appropriated herein, not less than one hundred fifty-six thousand six hundred and sixty-three dollars be expended for the endowment of a chair named in honor of the late Frank Manning; provided further, that not less than six hundred thirty-seven thousand and ten dollars be expended for the physical education department at the university of Massachusetts at Boston; provided further, that of the sum appropriated herein, not less than nine hundred sixty-eight thousand seven hundred twenty-five dollars shall be expended for the county cooperative extension to be conducted by the university of Massachusetts at Amherst for the Berkshire, Bristol, Barnstable, Franklin, Hampden, Hampshire, Suffolk, Essex, Dukes/Nantucket, Middlesex, Worcester, Plymouth and Norfolk county cooperative extension services; provided further, that the cooperative extension shall not close any existing cooperative extension office in any county and shall file a report with the clerk of the senate and the clerk of the house of representatives within ninety days of the passage of this act de- Chap. 151 tailing the plan for maintenance of statewide delivery of services; provided further, that not less than thirty-five thousand dollars be expended for the continuing education program in Attleborough operated by the university of Massachusetts at Dartmouth; provided further, that not less than four hundred forty-three thousand two hundred dollars be expended for the cranberry experiment station; provided further, that a board of oversight shall be responsible for the purposes of said station; provided further, that not less than three hundred thousand dollars be expended for the John W. McCormack Institute; provided further, that not less than one hundred seventy-nine thousand six hundred and thirty-five dollars be expended for the Center for Women in Politics and Public Policy at the John W. McCormack Institute of Public Affairs; provided further, that two hundred thousand dollars shall be obligated for the university of Massachusetts economic project, so-called; provided further, that not less than one million, five hundred thousand dollars be expended for the emerging technology centers, pursuant to sections thirty-eight through forty-two, inclusive, of chapter seventy-five of the General Laws; provided further, that not less than three hundred eighty thousand dollars be obligated for the start-up costs associated with the center of marine environmental science electronic technology and fisheries at the university of Massachusetts at Dartmouth, including a study and model program for artificial reef construction and fisheries development; provided further, that fifty thousand dollars shall be obligated for rural development councils; provided further, that one hundred ten thousand dollars shall be expended for the development of a court interpreter's study program at the university in conjunction with the university's partnership with the trial courts; provided further, that three hundred fifty thousand dollars shall be expended for a satellite medical examiners office; provided further, that two hundred thousand dollars shall be expended for the center for Portuguese studies at the university of Massachusetts at Dartmouth; provided further that one hundred thousand dollars shall be expended for an outreach program at Martha's Vineyard by the university of Massachusetts at Dartmouth in conjunction with Nathan Chap. 151 Mayhew Seminars for the purposes of establishing a long distance learning center; and provided further, that the board of trustees may require said institutions to provide communication accessibility for the deaf and hard of hearing where necessary ...........................$372,313,119 7109-0100 For Bridgewater state college.......................___$23,446,414 7109-1202 For the operation of the John Joseph Moakley center for technological applications at Bridgewater state college; provided, that said initiative shall be conducted on the site of said college for the purposes of technological applications to classroom teaching, initiatives in distance learning and economic development in conjunction with business and industry in southeastern Massachusetts.........$593,000 7110-0100 For Fitchburg state college.............................$19,784,808 7112-0100 For Framingham state college; provided, that not less than four hundred thousand dollars shall be expended for the Christa McAuliffe center; and provided further, that not less than ten thousand dollars shall be expended for global education........................................$16,496,136 7113-0100 For North Adams state college; provided that not less than twenty-five thousand dollars shall be expended for the operation of a blue ribbon task force on community education with the assistance of the state college council of presidents, so-called .............................$10,878,985 7114-0100 For Salem state college; provided, that a sum of not less than thirty thousand dollars shall be expended for the development of an aquaculture program by Salem State College pursuant to section two hundred seventy-four of chapter thirty-eight of the acts of nineteen hundred and ninety-five.......................................$24,612,065 7114-0101 For a reserve for the operation and maintenance associated with the acquisition of the GTE/Sylvania property located in the city of Salem; provided, that an amount not to exceed one hundred thousand dollars may be expended for costs associated with said acquisition, including, but not limited to, legal fees, appraisals, environmental studies, and short term consultant services, as needed...............$600,000 7115-0100 For Westfield state college.............................$15,603,770 Chap. 151 7116-0100 For Worcester state college............................$16,018,351 7117-0100 For the Massachusetts college of art .....................$10,071,239 7118-0100 For the Massachusetts maritime academy..................$8,922,189 7119-0100 For a health and welfare reserve for eligible personnel employed at the state colleges ........................$1,167,125 7220-0004 For the operation of the toxics use reduction institute program at the university of Massachusetts at Lowell, in accordance with the provisions of chapter twenty-one I of the General Laws; provided, that not less than two hundred thousand dollars shall be obligated for programs that train business, industry, higher education, medical laboratory and high school laboratory personnel to reduce toxic waste at the source utilizing the Microscale chemistry technology ......$1,763,114 Toxics Use Reduction Fund ............... 100.0% 7502-0100 For Berkshire community college ........................$7,440,832 7503-0100 For Bristol community college; provided that sixty thousand dollars shall be expended for the purpose of tracking, monitoring, evaluating, and reporting on individuals who are enrolled at Bristol community college while receiving public assistance; and provided further, that said tracking, monitoring, evaluating, and reporting shall include administrative and computer assistance in order to enable communication with the department of transitional assistance regarding these individuals...................$9,884,691 7504-0100 For Cape Cod community college ........................$7,738,309 7504-0101 For the operation of an environmental technology education and job training partnership through the Cape Cod community college; provided that the Cape Cod community college shall coordinate through a partnership with Massachusetts maritime academy and university of Massachusetts at Dartmouth; provided further, that this initiative shall be conducted at the Massachusetts military reservation, or at any other site on Cape Cod to be determined by the Cape Cod community college for the purposes of on-site education and training in the use of alternative technologies to clean up designated superfund sites; provided further, that preference shall be given to lo- Chap. 151 cal applicants; provided further, that the executive office of environmental affairs and the university of Massachusetts at Dartmouth are hereby authorized and directed to participate in the testing and evaluation of innovative technologies ........................................$124,438 Toxics Use Reduction Fund ............... 100.0% 7505-0100 For Greenfield community college; provided, that no less than one hundred and ninety-five thousand dollars shall be obligated for the heritage bank building acquired by the Greenfield community college foundation ...............$6,762,177 7506-0100 For Holyoke community college ........................$11,736,343 7507-0100 For Massachusetts Bay community college.................$8,768,376 7508-0100 For Massasoit community college .......................$15,039,815 7509-0100 For Mount Wachusett community college; provided, that one hundred thousand dollars shall be expended for the operation of the Vietnam Memorial Community Fitness and Wellness Center at Mount Wachusett Community College; and provided further that two hundred thousand dollars shall be expended for the creation of a wood technology center at Mount Wachusett Community College .... $7,865,050 7510-0100 For Northern Essex community college...................$12,811,992 7511-0100 For North Shore community college .....................$14,902,442 7512-0100 For Quinsigamond community college ....................$9,437,861 7514-0100 For Springfield technical community college...............$16,766,072 7514-0101 For a reserve for the operation and maintenance expenses incurred by Springfield technical community college associated with the acquisition of the Digital property, so-called; provided, that an amount not to exceed two hundred thousand dollars may expended for costs associated with said acquisition, including, but not limited to, legal fees, appraisals, environmental studies, and short term consultant services, as needed; and provided further, that said college may expend revenues in an amount not to exceed five hundred seventy-five thousand dollars received from rent, utility and other charges for the operation and maintenance of said property, prior appropriation continued.......................... Chap. 151 7514-0102 For the Massachusetts center for telecommunications and information technology, as designated by chapter two hundred seventy-three of the acts of nineteen hundred and ninety-four, to establish, operate and maintain a satellite up-link antenna and decoder to provide telecommunications support for cable television programming, distance learning curricula, and telecommunications intensive company facilities ....................................$250,000 7515-0100 For Roxbury community college .........................$8,605,210 7515-0120 For the operation of the Reggie Lewis track and athletic center at Roxbury community college....................$1,000,000 7515-0121 The Reggie Lewis track and athletic center at Roxbury community college may expend an amount not to exceed two hundred forty-seven thousand and one hundred dollars received from fees, rentals, and facility expenses associated with the running and operation of major high school track meets, high school dual meets, major national track meets, conferences, other special athletic events, meetings, Roxbury community college athletic events and programs; provided, that only expenses for contracted services associated with the aforementioned events shall be funded from this item...............................$247,100 Reggie Lewis Track and Athletic Center Fund . 100.0% 7516-0100 For Middlesex community college ......................$13,091,047 7518-0100 For Bunker Hill community college; provided, that one hundred and two thousand dollars shall be obligated for the life focus center................................$12,587,077 7520-0423 For a health and welfare reserve for eligible personnel employed at the community colleges ...................$1,257,228 Federal Appropriations 7066-1966 For the purposes of a federally funded grant entitled, Connectivity to NSFNET - Mass. Public Education............$4,000 7066-1969 For the purposes of a federally funded grant entitled, Higher Education Computer Network Connectivity Project National Science Fund.................................$196,173 7066-6007 For the purposes of a federally funded grant entitled, the Dwight D. Eisenhower Mathematics and Science and Edu- Chap. 151 cation Act ............................................$6,996 7066-6092 For the purposes of a federally funded grant entitled, the Dwight D. Eisenhower Mathematics and Science and Education Act .....................................$1,540,332 7070-0017 For the purposes of a federally funded grant entitled, State Student Incentive Grant Program ......................$2,328,053 7070-0018 For the purposes of a federally funded grant entitled, Paul Douglas Teacher Scholarship ...........................$307,660 7110-9740 For the purposes of a federally funded grant entitled, Upward Bound .............................................$165,000 7140-3093 For the purposes of a federally funded grant entitled, Polymer Building Construction UMass Amherst .................$1,210,118 7113-9731 For the purposes ofa federally funded grant entitled, Services to Disadvantaged Students ..............................$63,001 7113-9740 For the purposes of a federally, funded grant entitled, Substance Abuse Prevention..............................$8,000 7114-9714 For the purposes ofa federally funded grant entitled, Special Programs for Disadvantaged Students.....................$279,076 7114-9746 For the purposes ofa federally funded grant entitled, U.S. Department of Education Upward Bound Program ..........$179,500 7503-9711 For the purposes ofa federally funded grant entitled, Special Services for Disadvantaged Students .....................$281,027 7503-9714 For the purposes of a federally funded grant entitled, Upward Bound Program......................................$221,465 7505-0520 For the purposes of a federally funded grant entitled, Cooperative Education Payroll ...........................$13,379 7505-0530 For the purposes of a federally funded grant entitled, Other Substance Abuse Prevention Payroll.......................$52,908 7505-0560 For the purposes of a federally funded grant entitled, Title III - Strengthening Institutions.............................$162,042 7505-0565 For the purposes of a federally funded grant entitled, Project Update - Greenfield Community College...................$13,938 7508-9745 For the purposes of a federally funded grant entitled, Title III - Institutional Aid Program.............................$474,135 Chap. 151 7509-9714 For the purposes of a federally funded grant entitled, Special Services Disadvantaged................................$138,583 7509-9716 For the purposes of a federally funded grant entitled, IAP - Strengthening Institutions ..........................$38,393 7509-9718 For the purposes of a federally funded grant entitled, Talent Search - Mount Wachusett Community College.............$100,375 7509-9834 For the purposes of a federally funded grant entitled, College Work Study.........................................$100,000 7510-9731 For the purposes of a federally funded grant entitled, Special Services............................................$204,856 7510-9734 For the purposes of a federally funded grant entitled, Federal Cooperative Education Grant ............................$52,287 7511 -9711 For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students .....................$333,509 7511-9713 For the purposes of a federally funded grant entitled, IAP - Strengthening Institutions Program.......................$331,066 7511-9715 For the purposes of a federally funded grant entitled, Prevention an all College Imperative ......................$30,000 7511-9716 For the purposes of a federally funded grant entitled, Teaching Literature Using Multimedia.....................$51,262 7511 -9740 For the purposes of a federally funded grant entitled, Upward Bound .............................................$263,423 7512-9726 For the purposes of a federally funded grant entitled, Title III - Strengthening Institutions Program......................$199,874 7514-9720 For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students Project ...............$ 172,103 7514-9721 For the purposes of a federally funded grant entitled, Cooperative Education Program..........................$12,827 7514-9745 For the purposes of a federally funded grant entitled, STCC Health Career Center.....................................$179 7515-9726 For the purposes of a federally funded grant entitled, Title III - Institutional Aid Program Part A Strengthening........$9,481 7515-9746 For the purposes of a federally funded grant entitled, Learning to Learn............................................$108,882 Chap. 151 7518-9747 For the purposes of a federally funded grant entitled, Student Literacy Corps Program................................$200,000 7518-9748 For the purposes of a federally funded grant entitled, Student Support Services .....................................$179,301 EXECUTIVE OFFICE OF PUBLIC SAFETY. Office of the Secretary. 8000-0000 For the office of the secretary .............................$550,022 Highway Fund........................... 85.0% General Fund............................ 15.0% 8000-0010 For community policing grants to be administered by the executive office of public safety to be awarded to those cities which have experienced extraordinary health and safety problems as a result of having increased gang activity and street violence; provided further, that no funds shall be awarded to the department of state police; provided further, that not more than seventy-five thousand dollars shall be provided for the safe city program, so-called, in the city of Lynn; provided further, that grants shall be awarded by the executive office of public safety to the municipalities of Agawam, Attleborough, Boston, Brockton, Cambridge, Chelsea, Chicopee, Dedham, Fall River, Fitchburg, Framingham, Haverhill, Holyoke, Lawrence, Lowell, Lynn, Medford, Methuen, New Bedford, North Attleborough, Orange, Pittsfield, Quincy, Revere, Rockland, Somerville, Springfield, and Worcester in an amount not less than the amount of the grant or grants received in fiscal year nineteen hundred and ninety-six, but in no circumstance should any listed communities receive less than forty thousand dollars; provided further, that all grants are made pursuant to the review and approval of grant proposals submitted by said municipalities to the executive office of public safety; provided further, that monies awarded by said executive office of public safety may include grants made for community policing in state-aided public housing developments; provided further, that an additional sum of two hundred fifty thousand dollars shall be made available for community policing in the Bowdoin Street-Geneva Avenue and Uphams Corner Chap. 151 sections so-called, of Dorchester in the city of Boston and provided further, that not later than September fifteenth, nineteen hundred and ninety-six, the executive office of public safety shall submit a report detailing the amount of grants awarded to said grant recipients and descriptions of said grants to the house and senate committees on ways and means .......................................$12,660,000 Local Aid Fund ......................... 100.0% 8000-0020 For the statewide emergency telecommunications board; provided, that the board shall collect an amount equivalent to the direct and indirect costs related to the board pursuant to section eighteen F of chapter six A of the General Laws, as inserted by chapter two hundred ninety-one of the acts of nineteen hundred and ninety ......................$320,435 Local Aid Fund ......................... 100.0% 8000-0040 For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers..........................................$12,660,093 Local Aid Fund ......................... 100.0% 8000-0101 The office of the secretary is hereby authorized to expend up to a maximum of thirty thousand dollars in revenues collected from fees for services performed through the auto etching program...................................$30,000 Office of Chief Medical Examiner. 8000-0105 For the chief medical examiner pursuant to chapter thirty-eight, as amended by section two of chapter three hundred sixty-eight of the acts of nineteen hundred and ninety-two........................................$3,338,101 Local Aid Fund.......................... 50.0% General Fund............................ 50.0% Criminal History Systems Board State Appropriation 8000-0110 For the criminal history systems board; provided, that said board is hereby directed to collect five hundred thousand dollars in revenue from record check fees for the purpose of implementing the provisions of chapter three hundred Chap. 151 and nineteen of the acts of nineteen hundred and ninety; provided further, that seventy-five thousand dollars shall be expended for the purpose of enabling local housing authorities access to criminal offense information when qualifying applicants for state-assisted housing ...........$4,319,261 Highway Fund........................... 50.0% Local Aid Fund .......................... 50.0% Federal Appropriations 8000-0009 For the purposes of a federally funded grant entitled, Information System Improvement........................$595,000 8000-0113 For the purposes of a federally funded grant entitled, Integrated Criminal Justice Information System.............$362,150 8000-0179 For the purposes of a federally funded grant entitled, Fingerprint Supported Records ................................$30,075 8000-0180 For the purposes of a federally funded grant entitled, Criminal Justice Information System..............................$16,250 Board of Building Regulations and Standards. 8000-0160 For the operation of the state board of building regulations and standards for the purpose of implementing and enforcing the provisions of sections ninety-three through one hundred, inclusive, of chapter one hundred and forty-three of the General Laws...................................$344,682 8000-0161 For the registration and licensing of home improvement contractors pursuant to chapter one hundred and forty-two A of the General Laws.................................$106,536 Architectural Access Board. 8000-0500 Forthe architectural access board ..........................$191,299 Department of State Police. State Appropriations 8100-0000 For the administration and operation of the department of state police; provided, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not less than forty officers Chap. 151 shall be provided to the metropolitan district commission division of watershed management for the purpose of patrolling the watershed property of the commission; provided further, that the department shall enter into an interagency agreement with the metropolitan district commission to provide police coverage on commission properties and parkways; and provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the division of environmental law enforcement of the department of fisheries, wildlife, and environmental law enforcement at no cost to, or compensation from, said division ........................................$126,297,280 Highway Fund........................... 88.2% Local Aid Fund........................... 9.5% General Fund............................. 2.3% 8100-0006 For private police details; provided, that the department is hereby authorized to expend up to fourteen million one hundred fifty thousand dollars in revenues collected from fees charged for private police details, and the costs of administering said details; and provided, further, that notwithstanding any general or special law to the contrary, the department of state police is hereby authorized to incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year nineteen hundred and ninety-seven to be charged to this item in an amount not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system for the purposes stated herein to accommodate the delayed receipt of revenues authorized to be retained in this item during fiscal year nineteen hundred and ninety-seven ...........................$14,150,000 8100-0007 For overtime of state police officers; provided, that not less than two hundred twenty-nine thousand five hundred sixteen dollars shall be expended at the direction of the Suffolk district attorney; provided further, that not less than two hundred ninety-six thousand four hundred dollars shall be expended at the direction of the Middlesex district attorney;provided further, that not less than two hundred eighty-two thousand seven hundred thirty-four dollars Chap. 151 shall be expended at the direction of the Essex district attorney; provided further, that not less than two hundred ninety- eight thousand six hundred sixty dollars shall be expended at the direction of the middle county district attorney; provided further, that not less than one hundred thirty- three thousand five hundred seventy dollars shall be ex-pended at the direction of the western district attorney; provided further, that not less than one hundred fifteen thousand five hundred seventy dollars shall be expended at the direction of the northwestern district attorney; provided further, that not less than three hundred ten thousand seven hundred forty-five dollars shall be expended at the direction of the Norfolk district attorney; provided further, that not less than two hundred seventeen thousand six hundred thirty-three dollars shall be expended at the direction of the Plymouth district attorney; provided further, that not less than one hundred seventy-four thousand nine hundred ninety-eight dollars shall be expended at the direction of the Bristol district attorney; provided further, that not less than one hundred eighty thousand five hundred twenty dollars shall be expended at the direction of the Cape and Islands district attorney; provided further, that not less than seventy thousand seven hundred nineteen dollars shall be expended at the direction of the Berkshire district attorney; and provided further, that not less than four hundred sixty thousand one hundred forty-one dollars shall be expended at the direction of the office of the attorney general; provided further, that the balance of this appropriation may be expended for the overtime costs incurred by the department; provided further, that the department shall ensure that the several district attorneys and the office of the attorney general receive sufficient funds from this item to meet all overtime demands; and provided further, that the state police shall provide monthly reports to each district attorney's office delineating the amount of overtime hours used, the cost of said overtime, the amount of overtime dollars spent to date and the amount of available overtime dollars for said district attorney's office . :.................................$12,964,692 Highway Fund........................... 88.2% Local Aid Fund ........................... 9.5% General Fund 2.3% Chap. 151 8100-0100 For the administration and operation of the crime laboratory; provided, that the secretary of public safety is directed to maintain the satellite western Massachusetts crime laboratory located at the Agawam criminal justice training council; and provided further, not less than two hundred thousand dollars shall be made available for said western Massachusetts crime laboratory........................$1,558,715 Highway Fund........................... 88.2% Local Aid Fund ........................... 9.5% General Fund............................. 2.3% 8100-0150 For the administration and operation of an automated fingerprint identification system..............................$437,688 Highway Fund........................... 88.2% Local Aid Fund ........................... 9.5% General Fund............................. 2.3% 8100-0200 For the administration and operation of a motor carrier safety assistance program...................................$444,603 Highway Fund.......................... 100.0% 8100-0201 The department of state police is hereby authorized and directed to expend up to one million fifty thousand dollars from reimbursements received from the motor carrier safety assistance program for the costs of said program, including personnel.................................$1,050,000 8100-0300 For the administration and operation of a drug enforcement administration task force................................$73,720 Highway Fund........................... 85.0% General Fund............................ 15.0% 8100-9999 For the payment of charges assessed to the department of state police for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided that, notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of state police, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to Chap. 151 the KK subsidiary, so-called; or the NN subsidiary, so-called; of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the department is expected to meet the revenue targets established in sections one A and B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that, no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein..........$2,398,331 Highway Fund........................... 88.2% Local Aid Fund ........................... 9.5% General Fund............................. 2.3% Federal Appropriations 8100-2058 For the purposes of a federally funded grant entitled, N.E.S.P.A.C. - Regional Investigation ..................$1,518,962 8100-9706 For the purposes of a federally funded grant entitled, Cannabis Eradicate/Controlled Substance Prosecution DEA Agreement 21....................................$57,000 Criminal Justice Training Council. 8200-0200 For the operation of programs conducted by the Massachusetts criminal justice training council ...................$3,000,000 Local Aid Fund........................ 100.0% Chap. 151 Department of Public Safety. State Appropriations 8311-1000 For the administration of the department and the implementation of chapter four hundred eighty-five of the acts of nineteen hundred and ninety-one.........................$843,385 8312-1000 For the operation of the bureau of special investigations; provided, that investigative positions for the front-end detection program shall not be subject to the provisions of chapter thirty-one of the General Laws..................$6,338,000 8315-1000 For the division of inspections; provided, that the expenses of the state boxing commission shall be paid from this item; provided further, that not less than thirty thousand dollars shall be made available for an eye examination program for all boxers participating in events regulated by the state boxing commission; provided further, that the commission shall charge professional boxers for the cost of said eye exams; provided further, that a doctor's certificate from another state will be accepted as evidence of such an examination; provided further, that the department shall hire an additional engineer inspector; provided further, that said inspector's duties shall include, but not be limited to administering pipefitter license examinations; provided further, that said additional engineer inspector shall be a regular state employee compensated from the AA subsidiary, so-called, of this item; provided further, that said additional engineer inspector position shall be in addition to any such positions added during fiscal year nineteen hundred ninety-five; provided further, that fees for inspections performed during overtime hours be determined by the commissioner of administration; provided further, that the fee for inspections performed during overtime hours be not less than one hundred dollars; provided further, that the division shall inspect all elevators in the State House, McCormack and Saltonstall office buildings; and provided further, that not later than September first, nineteen hundred and ninety-six, the secretary of administration and finance is hereby authorized and directed to file with the house and senate committees on ways and means a report detailing the level of resources necessary to carry out the provisions of chapters one hundred forty-three and one Chap. 151 hundred forty-six of the General Laws..................$3,473,351 Department of Fire Services. 8314-1000 For the fire prevention program; provided, that one hundred thousand dollars shall be expended for a Suffolk county based arson prevention program; provided further, that of the amount appropriated herein eight hundred sixty-two thousand two hundred and sixty-three dollars shall be assessed against insurance companies licensed to sell fire insurance in the commonwealth by the commissioner of insurance, and transferred to the General Fund, and such assessments shall be charged to the normal operating costs of each company; provided further, that not more than ten percent of the amount designated for said arson prevention program shall be expended for the administrative cost of the program; provided further, that the expenses of the board of fire prevention regulations, pursuant to section fourteen of chapter twenty-two of the General Laws, shall be paid from this item; and provided further, that the expenses of the fire safety commission shall be paid from this item..........................................$1,142,940 8314-1100 For the underground storage tank program and the administrative expenses associated with the implementation of chapter twenty-one J of the General Laws; provided, that notwithstanding the provisions of section four of said chapter twenty-one J or any other general or special law to the contrary, appropriations made herein shall be sufficient to cover said administrative expenses of the underground storage tank program..................................$462,114 Underground Storage Tank Petroleum Product Cleanup Fund.................... 100.0% 8314-1200 For underground storage tank reimbursements, to parties that have cleaned up spills of petroleum products pursuant to chapter twenty-one J of the General Laws ...............$9,000,000 Underground Storage Tank Petroleum Product Cleanup Fund.................... 100.0% 8314-1300 For the underground storage tank administrative review board pursuant to chapter twenty-one J of the General Laws........$835,584 Underground Storage Tank Petroleum Product Cleanup Fund.................... 100.0% Chap. 151 8314-1400 For underground storage tank municipal grants, to remove and replace said tanks pursuant to section two of chapter twenty-one J of the General Laws and section thirty-seven A of chapter one hundred forty-eight of the General Laws.. . . $2,000,000 Underground Storage Tank Petroleum Product Cleanup Fund.................... 100.0% 8350-0100 For the fire training program including the Massachusetts fire training council, certification program, municipal and non-municipal fire training, and the expenses of the council; provided, that notwithstanding the provisions of any general or special law to the contrary, the estimated expenses of the administration of the academy, including the estimated expenses of training facilities and curriculum for firefighting personnel and training programs, shall not exceed two million seven hundred ten thousand one hundred and fifteen dollars per fiscal year; provided further, that not less than forty-eight thousand nine hundred and ninety-two dollars shall be available for the community-based fire prevention program in the Fall River area; provided further, that the funds necessary to support this item shall be paid to the commonwealth by insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth within thirty days after notice from the commissioner of estimated expenses; and provided further, that the secretary for administration and finance shall report monthly to the house and senate committees on ways and means on the justification regarding any restriction on the hiring of fire training personnel, and shall explain the derived savings to the Local Aid Fund by not hiring said personnel in this item ......................$2,710,115 Federal Appropriation 8314-9707 For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program ..............$162,500 Registry of Motor Vehicles. State Appropriations 8400-0001 For the administration and operation of the registry of motor vehicles, including the title division; provided, that the po- Chap. 151 sitions of administrative assistant to the registrar, legislative assistant, executive assistant to the registrar, and the director of employee relations shall not be subject to civil service laws and rules; provided further, that the registry shall replace the rotary dial telephone in the Northampton registry office with a state of the art touch-tone telephone; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the office of management information systems and pursuant to schedules by said office; provided further, that forty percent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section one hundred eighty-three of chapter six of the General Laws; provided further, that the registry shall operate an office in Fall River; and provided further, that the registry of motor vehicles establish and maintain a record of all vehicles leased within the commonwealth for a period longer than thirty days; and, provided further, that said record will include, but not be limited to, the name of the lessor and the lessee, and the address of the lessor and the lessee....................$32,298,277 Highway Fund.......................... 100.0% 8400-0024 Notwithstanding the provisions of section two of chapter two hundred and eighty of the General Laws, the registry of motor vehicles is hereby authorized to expend revenue collected up to a maximum of two million three hundred thousand dollars pursuant to chapter ninety C of the General Laws from assessments for civil motor vehicle infractions, including the cost of personnel; provided, that the amount of this expenditure shall be subtracted from the amount that otherwise would be credited to the Highway Fund pursuant to said section two of said chapter two hundred and eighty, and shall not affect or alter the amounts of payments to cities and towns pursuant to said section two of said chapter two hundred and eighty..................$2,300,000 8400-0033 The registry of motor vehicles is hereby authorized to expend revenues collected up to a maximum of three million five hundred thousand dollars from the fees charged for driver Chap. 151 record access, drunk driver hearings, and registration reinstatement, for the administration of said fees, including the costs of personnel; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the registry may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system; provided further, that all expenditures related to computer automation shall be subject to satisfactory quarterly reviews by the office of management information systems and pursuant to schedules by said office; and provided further, that forty percent of the costs of personnel services associated with the registry computer, which reflects the proportionate use of said computer by the merit rating board, shall be assessed to insurance companies doing motor vehicle insurance business within the commonwealth, pursuant to section one hundred eighty-three of chapter six of the General Laws......................................$3,500,000 8400-0050 For rent and related parking and utility expenses of the registry of motor vehicles ............................$5,563,662 Highway Fund.......................... 100.0% 8400-0100 For the safe driver insurance plan program authorized by chapter six of the General Laws; provided, that, notwithstanding the provisions of any general or special law to the contrary, no safe driver insurance plan shall require the payment of an unsafe driver point surcharge for the first offense for non-criminal, motor vehicle traffic violations as described in chapter ninety C of the General Laws.......$6,473,281 Highway Fund.......................... 100.0% 8400-0150 For rent and related parking and utility expenses of the merit rating board.........................................$563,840 Highway Fund.......................... 100.0% 8400-8999 For the payment of charges assessed to the registry of motor vehicles for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided that, notwithstanding the Chap. 151 provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the registrar of the registry of motor vehicles, with the approval of the secretary of administration and finance, is hereby authorized to transfer from said DD subsidiary to the KK subsidiary, so-called; or the NN subsidiary, so-called; of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the registry for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the registry does not require any supplemental appropriation in any of its other items of appropriation, (3) that the registry is expected to meet the revenue targets established in sections one A and B of this act, and (4) that the registry has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that, no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein ..........................................$616,810 Highway Fund.......................... 100.0% Federal Appropriation 8400-0052 For the purposes of a federally funded grant entitled, International Registration Plan-Registry of Motor Vehicles ........$48,163 Committee on Criminal Justice. State Appropriation 8600-0001 For the administration of the committee on criminal justice......$303,828 Chap. 151 Federal Appropriations 8600-0002 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act Planning............$95,000 8600-0003 For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act...................$855,000 8600-0008 For the purposes of a federally funded grant entitled, Drug Free Schools and Communities Act of 1986..............$1,957,206 8600-0009 For the purposes of a federally funded grant entitled, Narcotics Control Assistance .........................$9,000,000 8600-0010 For the purpose of a federally funded grant entitled, Statistical Analysis Center.......................................$50,000 8600-0015 For the purposes of a federally funded grant entitled, Weed and Seed for Chelsea..................................$450,000 8600-0019 For the purposes of a federally funded grant entitled, Title V Delinquency Prevention ...............................$398,000 8600-0020 For the purposes of a federally funded grant entitled, Stop Violence Against Women Formula Grants Program..........$426,364 Military Division. 8700-0001 For the administration of the military division, including the offices of the adjutant general and state quartermaster, the operation of the armories, the camp Curtis Guild rifle range and certain national guard aviation facilities; provided, that notwithstanding the provisions of chapter thirty of the General Laws, certain military personnel in the military division may be paid salaries according to military pay grades, so-called; provided further, that not less than twenty-five thousand dollars be expended on the renovations of the Newburyport armory, so-called, to facilitate said armory's use as a senior center .............$5,195,892 General Fund............................ 50.0% Local Aid Fund .......................... 50.0% 8700-1140 The state quartermaster is hereby authorized to expend revenues collected up to a maximum of seventy-five thousand dollars accrued from fees for the non-military rental or use of armories for the costs of utilities and maintenance and up to a maximum of one hundred ten thousand dollars Chap. 151 received from assessments made to the federal government for the use of telephones ...............................$185,000 Massachusetts Emergency Management Agency. State Appropriations 8800-0001 For the operations of the Massachusetts emergency management agency; provided, that expenditures from this item shall be contingent upon the prior approval of the proper federal authorities; provided further, that not less than twenty-two thousand dollars shall be available for the fuel, insurance, equipment, maintenance and miscellaneous expenses to sustain the operation of the Massachusetts civil air patrol for aerial surveillance of Massachusetts and other water areas to monitor for environmental pollution discharges, toxic waste dumps, transportation of hazardous materials and wastes and accidents involving said transport, in conjunction with the responsible agency; and provided further, that not less than seventy-five thousand dollars shall be made available for the federal emergency management agency multi-hazard program, so-called; provided, however, that there is at least a one hundred percent match by the federal government; and, provided further, that the agency shall, prior to June thirtieth, nineteen hundred and ninety-seven, develop a hazard mitigation strategy for the commonwealth consistent with the national mitigation strategy prepared by the federal emergency management agency .........................$705,889 Local Aid Fund ......................... 100.0% 8800-0100 For the nuclear safety preparedness program of the Massachusetts emergency management agency; provided, that the costs of said program, including fringe benefits and indirect costs, shall be assessed upon nuclear regulatory commission licensees operating nuclear power generating facilities in the commonwealth; provided further, that the department of public utilities shall develop an equitable method of apportioning said assessments among said licensees; and provided further, that said assessments shall be paid during the current fiscal year as provided by the department of public utilities and shall be credited to the General Fund........................................$395,745 Chap. 151 Local Aid Fund ......................... 100.0% 8800-0200 For the Seabrook nuclear safety preparedness program; provided, that the cost of said program be assessed on electric companies in Massachusetts which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section two B of chapter six hundred thirty-nine of the acts of nineteen hundred and fifty, as added by section twenty-four of chapter seven hundred and ninety-six of the acts of nineteen hundred and seventy-nine, include communities located within the commonwealth and shall be credited to the General Fund; provided further, that for the purposes of this item electric companies shall mean all persons, firms, associations and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale, of electricity within the commonwealth; and provided further, that the term electric company shall not include municipalities or municipal light plants.............$261,924 Federal Appropriations 8800-0003 For the purposes of a federally funded grant entitled, Emergency Management Assistance - Personnel and Administrative Expenses...............................$909,263 8800-0004 For the purposes of a federally funded grant entitled, Emergency Management Assistance - Distribution to Cities and Towns.....................................$690,000 8800-0005 For the purposes of a federally funded grant entitled, Disaster Preparedness Assistance ................................$50,000 8800-0006 For the purposes of a federally funded grant entitled, Radiological Systems Maintenance.......................$219,303 8800-0007 For the purposes of a federally funded grant entitled, Radiological Defense Officer ............................$61,405 8800-0008 For the purposes of a federally funded grant entitled, Population Protection Planning Program ..................$220,992 8800-0009 For the purposes of a federally funded grant, entitled, Emergency Management Training - State/Local Personnel......$124,500 8800-0010 For the purposes of a federally funded grant entitled, Earthquake Loss Study .................................$88,600 Chap. 151 8800-0019 For the purposes of a federally funded grant entitled, Superfund Amendment and Reauthorization Acts of 1986.......$60,000 8800-0020 For the purposes of a federally funded grant entitled, Communication Warning Systems ........................$50,000 ? 8800-0023 For the purposes of a federally funded grant entitled, SERC Emergency Response...................................$10,810 8800-0025 For the purposes of a federally funded grant entitled, Hurricane Bob - Public Assistance ........................$91,206 8800-0026 For the purposes of a federally funded grant entitled, Coastal Storm - Public Assistance Major Coastal Storm 10/30/91-11/02/91....................................$300,000 8800-0037 For the purpose of a federally funded grant entitled, 404 Hazard Mitigation 914.................................$500,000 8800-0038 For the purposes of a federally funded grant entitled, Survival Crisis Management .......'.............................$55,116 8800-0039 For the purposes of a federally funded grant entitled, Urban Search and Rescue.....................................$25,000 8800-0040 For the purposes of a federally funded grant entitled, Winter Coastal Storm 12/11/92-12/13/92 Public Assistance .........$571,737 8800-0041 For the purposes of a federally funded grant entitled, Snow Removal Declaration 03/13/93-03/17/93 ...................$20,356 8800-0042 For the purposes of a federally funded grant entitled, Hazardous Materials Transportation Act...................$225,000 8800-0043 For the purposes of a federally funded grant entitled, Hurricane Preparedness.................................$46,400 Governor's Highway Safety Bureau. 8850-0001 For the highway safety program to provide matching funds for a federal planning and administration grant pursuant to section two hundred and seven (d) of the Governor's Highway Transportation Act of nineteen hundred and seventy-eight........................................$220,115 Highway Fund........................... 50.0% Motorcycle Safety Fund ................... 50.0% 8850-0015 For the expenses of the motorcycle safety program.............$165,738 Motorcycle Safety Fund .................. 100.0% Chap. 151 Federal Appropriations 8850-0004 For the purposes of a federally funded grant entitled, State Agency Programs ..................................$3,400,000 Department of Correction. 8900-0001 For the administration and operation of the commonwealth's correctional facilities; provided, that notwithstanding the provisions of any general or special law to the contrary, no collective bargaining agreement entered into by the commissioner of administration or his designee in fiscal year nineteen hundred and ninety-seven shall contain an increase in roll call pay for correctional officers; provided further, that the department shall maintain operations of one twelve-bed treatment unit for females who are awaiting trial or who have been convicted of a crime and who are in need of detoxification and treatment for chemical dependency and/or alcoholism; provided further, that when the department determines that it is necessary to transfer prisoners to facilities outside of the commonwealth, said department shall determine which such available facility is the geographically closest facility that will provide the most cost effective transfer; and provided further, that not less than one hundred thousand dollars shall be expended for Latinas y Ninos Center for a child specialist to provide full time child advocate-parent education to attend to the needs of Latino women in recovery with a focus on pregnant women, new parents and/or mothers recently reunified with children.........$236,015,251 8900-0002 For the administration of the department; provided, that employees in the prisoners classification division shall not be subject to civil service law and rules; provided further, that notwithstanding the provisions of any general or special law to the contrary, the director of civil service shall certify to the commissioner of correction, upon receipt of permanent requisitions, names of correction officers to fill permanent vacancies; and provided further, that the department shall provide quarterly reports on overtime and authorized excess quota position usage at each facility, to the house and senate committees on ways and means ......$4,050,568 Chap. 151 8900-0003 For local relief to mitigate the inordinate fiscal demand placed on local life, health and safety departments in those cities and towns hosting a state correctional facility; provided, that each such city and town shall receive a percentage of the total funds as appropriated herein which shall be equal to the total state inmate population incarcerated within a state correctional facility located within such city or town; provided further, that all inmates incarcerated at MCI-Shirley shall be deemed to be incarcerated within a correctional facility located in the town of Shirley; and provided further, that for the purpose of mitigation calculation, all distribution percentages shall be calculated according to the department of correction's inmate population record for July first of the prior year.............$997,000 Local Aid Fund ......................... 100.0% 8900-0004 For inmate health services; provided, that the commissioner of correction shall file quarterly reports detailing expenditure patterns of this item with the house and senate committees on ways and means; provided further, that, notwithstanding the provisions of any general or special law to the contrary, expenditures made from the RR subsidiary, so-called, of this item for the contracted provider service costs associated with the purposes of the programs funded herein shall not exceed forty-one million three hundred fifty-nine thousand nine hundred and ninety dollars ..........................................$42,188,136 8900-0007 For the expenses of the comprehensive offenders employment resources system; including a contract for the community corrections resource center in the city of Springfield .........$369,159 8900-0009 For education services of the department; provided, that not more than one hundred and fifty thousand dollars be made available for a literacy education pilot program at two correctional facilities, one of which shall be MCI-Framingham.......................................$3,330,027 8900-0010 For prison industries and farm services; provided, that the commissioner of correction shall determine the cost of manufacturing motor vehicle registration plates and certify to the comptroller the amounts to be transferred from the Highway Fund to the General Fund; and provided further, Chap. 151 that the commissioner of correction shall submit quarterly financial reports detailing revenues generated and expended, to the house and senate committees on ways and means............................................$2,357,812 8900-0011 For a prison industries and farm services revenue retention account; provided, that the department is hereby authorized to expend an amount not to exceed four million one hundred sixty thousand eight hundred and forty-seven dollars from revenues collected from the sale of products, for materials, supplies, equipment, maintenance of facilities and compensation of employees of the program; provided further, that all expenditures from this item shall be subject to chapter twenty-nine of the General Laws and recorded on the Massachusetts management accounting and reporting system, so-called; and provided further, that of the compensation for state employees appropriated herein, not less than five hundred thousand dollars shall be expended for correction officer farmers to support the operation and maintenance of the farm facilities at the correctional facilities at MCI-Concord and MCI-Bridgewater.......................................$4,160,847 8900-0015 For correctional residential services; provided, that not less than five hundred thousand dollars be expended for a contracted low-security residential program for incarcerated expectant mothers; provided further, that not less than one hundred fifty thousand dollars shall be obligated for assistance to incarcerated mothers; and provided further, that not less than twenty-five thousand dollars be provided to the Dismas house in Worcester........$755,000 8900-0016 For the cost of housing state inmates in federal prisons..........$800,000 8900-0100 For the administration and operation of the Nemansket correctional center..................................$4,143,394 8900-9999 For the payment of charges assessed to the department of correction for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called; provided, that, notwithstanding the provisions of any general or special law to the contrary, prior to April fifteenth, nineteen hundred and ninety-seven Chap. 151 all funds appropriated herein shall be scheduled in the DD subsidiary, so-called; provided further, that after said date, the commissioner of the department of correction, with the approval of the secretary of administration and finance, is hereby authorized to transfer from the DD subsidiary to the KK subsidiary, so-called, or the NN subsidiary, so-called, of this account, an amount not to exceed fifteen percent of the funds appropriated herein, if the secretary of administration and finance certifies in writing to the house and senate committees on ways and means that the following conditions have been met: (1) that the charges owed by the department for workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback are less than the amount appropriated herein, (2) that the department does not require any supplemental appropriation in any of its other items of appropriation, (3) that the department is expected to meet the revenue targets established in sections one A and one B of this act, and (4) that the department has not expended any funds for the payment of workers compensation, unemployment insurance, medicare taxes, health security plan, and the group insurance commission extended leave chargeback, so-called, in any of its other items of appropriation; provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of all transfers of funds between subsidiaries as authorized herein; and provided further, that, no funds shall be scheduled to any subsidiary in this account which is not explicitly referenced herein..........$8,612,755 County Corrections. 8910-0000 For a reserve to fund county correctional programs; provided that not more than three hundred eighty-five thousand dollars shall be expended for an intermediate sanctions program at the New Bedford district court; provided further, that not less than four million one hundred thirty-eight thousand two hundred dollars shall be made available to Barnstable county; provided further, that not less than three million one hundred seventy-eight thousand eight hundred ninety-four dollars shall be made available Chap. 151 to Berkshire county; provided further, that not less than twenty million nine hundred four thousand three hundred thirteen dollars shall be made available to Bristol county; provided further, that an additional twenty thousand dollars be allocated for a domestic violence prevention program in said Bristol county; provided further, that not less than seven hundred seventy-two thousand one hundred seventy-two dollars dollars shall be made available to Dukes county; provided further, that not less than nineteen million five hundred seventy-three thousand two hundred thirty-one dollars shall be made available to Essex county; provided further, that not less than three million six hundred fifty-seven thousand six hundred ninety-eight dollars shall be made available to Franklin county; provided further, that not less than thirty-two million nine hundred thirty-six thousand nine hundred seventeen dollars shall be made available to Hampden county; provided further, that not less than six million eight hundred three thousand eight hundred thirty-seven dollars shall be made available to Hampshire county; provided further, that not less than nineteen million four hundred twenty-five thousand six hundred eleven dollars shall be made available to Middlesex county; provided further, that not less than fifty-nine thousand seven hundred fourteen dollars shall be made available to Nantucket county; provided further, that not less than eleven million five hundred twenty-two thousand six hundred fifty-six dollars shall be made available to Norfolk county; provided further, that not less than twenty-four million seven hundred fifty-three thousand seven hundred five dollars shall be made available to Plymouth county; provided further, that said funds appropriated to Plymouth county shall be expended for operating and debt service costs associated with state inmates housed in the Plymouth county facility, pursuant to the provisions of clauses three and four of the memorandum of agreement signed May fourteenth, nineteen hundred and ninety-two; provided further, that not less than sixty-one million two hundred fifty-five thousand one hundred eighty-three dollars shall be made available to Suffolk county; provided further, that not less than twenty-one million sixty-three thousand six hundred sixty-seven Chap. 151 dollars shall be made available to Worcester county; provided further, that the balance of funds appropriated herein shall be distributed among the counties by the county government finance review board, upon notification to the house and senate committees on ways and means; provided further, that Suffolk county shall not receive additional funding from said balance for county corrections maintenance and operation expenses; provided further, that funds distributed from this item shall be paid to the treasurer of each county who shall place said funds in a separate account within the treasury of each county; provided further, that the treasurer shall authorize temporary transfers into this account for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the state under this item; provided further, that upon receipt of the state distribution, the treasurer shall be authorized to transfer out of said account an amount equal to the funds so advanced; provided further, that all funds deposited in said accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties, including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation; provided further, that the sheriffs department of each county shall reimburse the county treasurer of each county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriffs department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits; provided further, that the spending plans required by this item shall be developed by the county government finance review board, in consultation with the Massachusetts sheriffs' association; provided further, that in accordance with section two hundred and forty-seven of chapter thirty-eight of the acts of nineteen hundred and ninety-five, all spending plans shall be detailed by subsidiary and in accordance with any and all expenditure classification plans promulgated by the comptroller; provided further, that said spending plans shall be accompanied by a delineation of all personnel employed by each county correctional facility; provided further, that no sheriff shall purchase any new vehicles or Chap. 151 major equipment in fiscal year nineteen hundred ninety-seven unless such purchase is made pursuant to a multi-county or regionalized collaborative procurement arrangement, or is directly related to significant population increase or is otherwise necessary to address an immediate and unanticipated public safety crisis, and is approved by the county government finance review board and the executive office of public safety; provided further that notwithstanding the provisions contained herein, sheriffs may purchase "marked" prisoner transportation vans upon notification to the county government finance review board; provided further, that the county government finance review board and the executive office of public safety shall identify and develop county correction expenditures which can and shall be reduced through shared contracts, regionalized services, bulk purchasing and other centralized procurement savings programs; provided further that documentation of said expenditures and savings shall be submitted to the house and senate committees on ways and means no later than December thirtieth, nineteen hundred and ninety-six and shall make provision for said system of shared contracts, regionalized services, bulk purchasing and other centralized procurement savings to take effect no later than June thirtieth, nineteen hundred and ninety-seven; provided further, that the county government finance review board, in conjunction with the executive office of public safety, shall complete the study of county corrections collective bargaining agreements, which shall include, but not be limited to, the following: (1) a ten-year review of salary increases granted pursuant to collective bargaining agreements, by county (2) a comparison of said increases to salary adjustments granted by the commonwealth for comparable positions; provided further, that said studies shall be submitted by the executive office public safety to the house and senate committees on ways and means no later than July fifteenth nineteen hundred and ninety-six; provided further, that on or before October fifteenth, nineteen hundred and ninety-six, each county sheriff shall submit a final spending plan for fiscal year nineteen hundred and ninety-seven to the county government finance review board, detailing the level of resources deemed Chap. 151 necessary for the operation of each county correction facility and the expenditures which shall be reduced to remain within the appropriation; provided further, that failure by a county sheriff to comply with any provision of this item shall result in a reduction of subsequent quarterly payments to amounts consistent with a rate of expenditure of ninety-five percent of the rate of expenditure for fiscal year nineteen hundred and ninety-six, as determined by the county government finance review board; provided further, that each sheriff shall submit to the executive office of public safety and the house and senate committees on ways and means copies of said spending plans no later than October fifteenth, nineteen hundred and ninety-six; provided further, that on or before November fifteenth, nineteen hundred and ninety-six, the county government finance review board shall have approved final fiscal year nineteen hundred and ninety-seven county corrections budgets; provided further, that the county government finance review board shall provide the executive office of public safety and the house and senate committees on ways and means with copies of said approved budgets no later than January second, nineteen hundred and ninety-seven; provided further, that said budgets shall include distribution schedules for the final two quarters of fiscal year nineteen hundred and ninety-seven, and said plans shall be used to make all subsequent quarterly distributions; provided further, that services shall be provided to the extent determined to be possible within the amount appropriated herein, and each sheriff shall make all necessary adjustments to ensure that expenditures do not exceed said appropriation; provided further, that each county shall expend during fiscal year nineteen hundred and ninety-seven for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than one hundred two and one-half percent of the amount expended in fiscal year nineteen hundred and ninety-six for such purposes from own-source revenues, which shall not be less than five percent of total county revenues including, but not limited to, amounts levied pursuant to sections thirty and thirty-one of chapter thirty-five of the Chap. 151 General Laws and amounts provided pursuant to sections eleven to thirteen, inclusive, of chapter sixty-four D of the General Laws; provided further, that in fiscal year nineteen hundred and ninety-seven, those counties which have not met maintenance of effort obligations in prior fiscal years shall expend not less than the minimum contribution, as defined above from own-source revenues; provided further, that notwithstanding the provisions stated herein, the maintenance of effort obligations for Suffolk county shall be eight and three quarters percent of the total Suffolk county corrections operating budget as approved by the county government finance review board; provided further, that notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of revenue for local services shall certify on or before May fifteenth, nineteen hundred and ninety-seven that all municipalities have appropriated and transferred to their respective county treasuries, not less than one hundred two and one-half percent of the municipality's prior year obligations or minimum contributions as defined above, whichever is greater, for county corrections; provided further, that if any municipality fails to transfer said obligation, said deputy commissioner is hereby authorized and directed to withhold an amount equal to the shortfall in the obligation due to the county from said municipality's fourth quarter local aid "cherry sheet" distribution, so-called, authorized from account 0611-5500 of section two and from funds made available from the state lottery fund distribution in section three of this act; provided further, that on or before August first, nineteen hundred and ninety-seven, said commissioner shall report all such withholdings to the house and senate committees on ways and means; provided further, that in fiscal year nineteen hundred and ninety-seven, notwithstanding the provisions of section twenty A of chapter fifty-nine of the General Laws, any county except Suffolk and Nantucket may increase its county tax for said fiscal year by an additional amount if the total amount of such additional county tax is approved by two-thirds of the cities and towns in the county, in towns by a majority vote of the town meeting or town council, and in cities by a majority vote of the city council or board of aldermen, with the approval of the Chap. 151 mayor or manager; provided further, that any county which borrowed under the provisions of section six of chapter one hundred and ninety-three of the acts of nineteen hundred and eighty-nine on or before July thirty-first, nineteen hundred and eighty-nine or which borrowed in fiscal nineteen hundred and eighty-nine under the provisions of section thirty-six A of chapter thirty-five of the General Laws, is hereby authorized to refund such debt for a term not to exceed seven years from the date of the original loan with payments on such refunding loan to be made in accordance with the provisions of chapter thirty-five of the General Laws and section twelve of chapter sixty-four D of the General Laws, as may be applicable; and provided further, that each county shall, in accordance with the provisions of section two hundred and forty-seven of chapter thirty-eight of the acts of nineteen hundred and ninety-five, continue to report all expenditures which occur from item 8910-0000 on the Massachusetts management accounting reporting system, so-called, in accordance with the latest expenditure classification plan promulgated by the state comptroller pursuant of the provisions of section twenty-seven of chapter twenty-nine of the General Laws ..............$272,653,453 Local Aid Fund ......................... 100.0% 8910-0010 For the purpose of funding expenses for services provided to inmates of county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year nineteen hundred and ninety-seven; provided, that said department shall notify the county government finance review board and the comptroller of all such expenses; provided further, not more than thirty days after receiving such notification, the board shall certify to the comptroller the amount of such expenses to be charged to this item; provided further, that upon receiving said certification, the comptroller shall effect the transfer of said amount from this item to item 4590-0903 in section two B; and provided further, that such actual and projected payments shall be considered expenditures within each county spending plan and shall be reflected as such in proposed spending plans required by 8910-0000 in section two...................$2,400,000 Local Aid Fund ......................... 100.0% Chap. 151 Parole Board. 8950-0001 For the administration and operation of the parole board; provided that not less than two hundred fifty thousand dollars shall be expended for the Pathways Program to include direct linkages and interagency agreements for the provision of services with the appropriate workforce development agencies ..............................$12,510,429 8950 -0002 For the victim and witness assistance program of the parole board, in accordance with the provisions of chapter two hundred fifty-eight B of the General Laws; provided, that the victim service unit positions shall be classified by the department of personnel administration under the state classification system ..................................$187,076 Victim Witness Assistance Fund............ 100.0% EXECUTIVE OFFICE OF ELDER AFFAIRS. Office of the Secretary. State Appropriations 9110-0100 For the operation and administration of the executive office of elder affairs; provided, that the secretary of elder affairs is hereby authorized and directed to work with the commissioner of the division of medical assistance and the deputy purchasing agent of the division of purchased services to identify all home care services which meet the federal definition of personal care services in 42 CFR 440.170(f) and case management in 1915(g) of title XIX, and to seek federal matching funds for such services furnished to persons eligible for medical assistance under the provisions of chapter one hundred and eighteen E of the General Laws which are not presently reimbursed; provided further, that the secretary of elder affairs shall seek private funding of not more than thirty-seven thousand dollars for the elder advocacy organization known as the silver-haired legislature; provided further, that the executive office of elder affairs shall enter into an interagency service agreement with the department of veterans' services to maximize revenues by identifying individuals who are eligible for veterans' pensions and are Chap. 151 currently receiving home care and home health services; provided further, that said secretary is hereby authorized and directed to expend not more than one hundred thousand dollars to study and report on the feasibility of establishing a public non-profit alzheimer's disease research, development and gerontology center at the Lawrence Manufacturing site, so-called, if said secretary receives not less than an additional one hundred thousand dollars from the Massachusetts gerontology center for said purposes; provided further, that said study shall include consideration of the ability of said center to: (1) conduct research into the causes of and potential cures for alzheimer's disease and associated forms of dementia; (2) provide independent elderly housing and assisted care facilities for persons afflicted with alzheimer's disease; and (3) support and assist other such activities related to the foregoing; provided further, that said study shall consider the possible structure and composition, corporate or otherwise, of said center; and provided further, that said secretary shall report on the results of said study by filing the same with the clerks of the house of representatives and the senate and the house and senate committees on ways and means on or before the first Wednesday in December nineteen hundred and ninety-six; provided further, that the executive office of elder affairs, in cooperation with the executive office of human and community services, shall conduct a study of the feasibility of establishing a nursing home "follow-out" program for the purposes of evaluating the extent to which certain elders may be able to receive sufficient care through community based elder programs and services; and provided further, that the executive office of elder affairs shall submit said report to the house and senate committees on ways and means no later than November first, nineteen hundred and ninety-six...................$1,747,517 9110-0102 For the regulation of assisted living facilities; provided, that the executive office of elder affairs shall report quarterly to the house and senate committees on ways and means the number of assisted living units certified and the total revenues generated from application and certification fees for said units ........................................$223,654 Chap. 151 Assisted Living Administrative Fund........ 100.0% 9110-1603 For managed care in housing for individuals at risk of institutionalization due to functional impairments not of sufficient severity to meet medicaid nursing home clinical admissions criteria; provided, that said individuals shall be subject to the same rules and regulations as clients served under item 9110-1630 of section two of this act; and provided further, that no rate increase for managed care services shall be awarded in fiscal year nineteen hundred and ninety-seven ...................................$8,276,000 9110-1630 For the home care program including home care, health aides, home health and respite services, protective services and other services provided to the elderly; provided, that a sliding fee shall be charged to qualified elders; provided further, that the secretary of elder affairs may waive collection of said fee in cases of extreme financial hardship; provided further, that not more than three million three hundred thousand dollars in revenues accrued from said sliding fees shall be retained by the individual home care corporations without reallocation by the executive office of elder affairs, and shall be expended for the purposes of the home care program, consistent with guidelines to be issued by the executive office of elder affairs; provided further, that the executive office shall report quarterly to the house and senate committees on ways and means on the receipt and expenditure of revenues accrued from said sliding fees; provided further, that home care corporations shall report monthly to the executive office of elder affairs on the receipt and expenditure of revenues accrued from said sliding fees; provided further, that not less than three million dollars shall be obligated for a program of respite care services to provide relief for caregivers who normally provide care to severely impaired individuals, especially those with Alzheimer's disease; provided further, that the executive office of elder affairs shall submit a detailed report of aggregate monthly home care purchase of service expenditures, as described in lines thirty-eight to forty-three, inclusive of item 9110-1630 of section two of chapter one hundred and sixty-four of the acts of nineteen hundred eighty-eight; provided further, that the secretary of elder Chap. 151 affairs shall submit said report to the house and senate committees on ways and means and the secretary of administration and finance, no later than two months following the month reported; provided further, that no rate increase for home care services shall be awarded in fiscal year nineteen hundred and ninety-seven which would cause a reduction in client services or in the number of clients served; provided further, that any additional funding in fiscal year nineteen hundred and ninety-seven shall be obligated to new home care clients in said fiscal year; and provided further, that no funds shall be expended from this item to pay for any salary increases for direct service workers who provide state-funded homemaker and home health aid services, which would cause a reduction in client services; provided further, that notwithstanding the provisions of any general or special law to the contrary, the secretary is hereby authorized to transfer not more than three percent of the funds appropriated herein to item 9110-1633 of section two of this act for the administration of home care corporations or case management services...............................$73,838,305 9110-1633 For contracts with home care corporations or other qualified entities for home care case management services, protective services, and the administration of the home care corporations funded through item 9110-1630 and item 9110-1603 of section two of this act; provided, that said contract shall include the costs of administrative personnel, home care case managers, travel, rent and any other costs deemed appropriate by the executive office; provided, further, that notwithstanding the provisions of any general or special law to the contrary, the secretary is hereby authorized to transfer not more than three percent of the funds appropriated herein to item 9110-1630 of section two of this act for the direct purchase of home care, home health or related services............................$29,263,000 9110-1634 The secretariat may expend for the purposes of item 9110-1630 an amount not to exceed one million dollars and for the purposes of item 9110-1633 an amount not to exceed two million dollars from federal revenues collected pursuant to the provisions of Title XIX of the Social Security Act for case management and personal care and re- Chap. 151 lated services provided to Medicaid-eligible home care clients; provided that, notwithstanding the provisions of any general or special laws to the contrary, in the event that revenues appropriated herein are not collected at a level sufficient to fund contracts established pursuant to 9110-1633 at the level such contracts were funded at during fiscal year nineteen hundred and ninety-six, the secretary is authorized and directed to transfer from item 9110-1630 to item 9110-1633 funds sufficient to fulfill such contract amounts in the event of a shortfall; provided further, that said transferred amount shall not exceed three percent of the appropriation for item 9110-1630 ..........$3,000,000 9110-1660 For congregate and shared housing services for the elderly; provided, that not less than fifty thousand dollars shall be expended for congregate housing services at the Tuttle House facility in Dorchester; and provided further, that no new congregate housing sites not otherwise authorized in fiscal year nineteen hundred and ninety-six shall be established in fiscal year nineteen hundred and ninety-seven ............................................$1,354,492 9110-1900 For local services; provided, that all funds appropriated under this item for an elder service corps shall be for corpsmen stipends, for the cost of mailing corpsmen stipends and for corpsmen participation in group insurance programs, as set forth in chapter one thousand one hundred and sixty-eight of the acts of nineteen hundred and seventy-three; provided further, that the stipend for full-time corpsmen shall not exceed the maximum allowed under earnings limitation sections of the social security act and the stipend for part-time corpsmen shall not exceed one hundred and thirty dollars per month; provided further, that not less than three million three hundred thousand dollars shall be obligated for the administration of a meals program for elderly persons; and provided further, that the department of elder affairs shall maximize federal reimbursement for meals funded herein.................................$4,559,341 Local Aid Fund ......................... 100.0% 9110-9002 For the local services program for grants to the councils on aging; provided, that notwithstanding the above, all monies appropriated herein be expended in accordance Chap. 151 with the distribution schedules for formula and incentive grants established by the department of elder affairs; provided further, that said distribution schedules be submitted to the house and senate committees on ways and means; provided further, that not less than fifteen thousand dollars shall be obligated for the Massachusetts senior games; provided further, that thirty thousand dollars shall be expended for the Newton/Nonantum multi-service center; and provided further, that no less than twenty thousand dollars be expended for the Waltham council on aging ............................................$4,450,000 Local Aid Fund .............'............ 100.0% Federal Appropriations 9110-0850 For the purposes of federally funded grant entitled, Coordinated Aging, Rehabilitation and Disability Services..........$153,852 9110-1074 For the purposes of a federally funded grant entitled, Older Americans Assistance, Title III and Title VII; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies.....$9,915,740 9110-1095 For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance; provided that the executive office of elder affairs may provide periodic payments in advance to participating agencies..............$350,000 9110-1173 For the purposes of a federally funded grant entitled, Older Americans Act - Title III Nutrition Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies...........$13,350,000 9110-1178 For the purposes of a federally funded grant entitled, Community Service Employment Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies............$1,782,324 9110-1181 For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities Program; provided, that the executive office of elder affairs may provide periodic payments in advance to participating agencies............$3,850,000 Chap. 151 LEGISLATURE. Senate. 9511-0000 For the compensation of senators; provided, that, notwithstanding the provisions of any other special or general law to the contrary, the funds appropriated herein shall be expended only in accordance with the provisions of section three of chapter one hundred ninety-two of the acts of nineteen hundred and ninety-four, prior appropriation continued.........................................$2,279,400 9511 -8000 For expenses of senators, including travel, prior appropriation continued...........................................$228,000 9512-0000 For the office of the senate clerk, prior appropriation continued...........................................$794,563 9512-0100 For in-house printing, duplicating and other expenses, prior appropriation continued.................................$99,072 9513-0000 For the salary of the chaplain of the senate, prior appropriation continued ........................................$3,920 9514-0000 For the office of the senate counsel, prior appropriation continued...........................................$590,000 9515-0000 For administrative and legislative aides to the senators, prior appropriation continued..............................$5,700,000 9515-0100 For the cost of universal health insurance, unemployment, medicare and worker's compensation charges assessed against the employees of the senate, prior appropriation continued...........................................$198,000 9516-0000 For administrative, secretarial and clerical assistance to the senators, prior appropriation continued..................$1,860,000 9516-0030 For a legislative intern and service program for the senate, prior appropriation continued ...........................$325,000 9517-0000 For the office of the senate committee on ways and means, prior appropriation continued .........................$1,122,612 9518-0000 For the office supplies and other expenses of the senators, prior appropriation continued .........................$1,100,000 9519-5000 For the salaries of court officers and pages of the senate, prior appropriation continued..............................$1,284,000 Chap. 151 9519-6000 For the office of legislative post audit and oversight bureau of the senate, prior appropriation continued ..................$355,000 9519-7000 For legislative committee services for the senate, prior appropriation continued.............................. $1,650,000 9519-7500 For the automation of senate offices, prior appropriation continued...........................................$225,000 9519-8000 For the expenses of televising sessions of the senate, prior appropriation continued................................$240,000 9519-9000 For the expenses of the special commission on forest management, so-called, established by section three hundred forty-one of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, that notwithstanding the provisions of any general or special law to the contrary, said commission shall not expire until June thirtieth, nineteen hundred and ninety-seven, prior appropriation continued.......................... 0185-7888 For the additional expenses of the senate committee on ways and means which are associated with the review and study of the commonwealth's health care systems, pension systems, organizational structure, and other policy areas, prior appropriation continued...................... House of Representatives. 9621-0000 For the compensation of representatives; provided that, notwithstanding the provisions of any other special or general law to the contrary, the funds appropriated herein shall be expended only in accordance with the provisions of section three of chapter one hundred ninety-two of the acts of nineteen hundred and ninety-four, prior appropriation continued ....................................$7,875,600 9622-8000 For expenses of representatives, including travel, prior appropriation continued....................................$926,000 9623-0000 For the office of the clerk of the house of representatives, prior appropriation continued ...........................$566,654 9624-0000 For the salary of the chaplain of the house of representatives, prior appropriation continued ............................$17,450 9625-0000 For the office of the house counsel, prior appropriation continued.........................................$1,035,016 Chap. 151 9626-0000 For the office of the house committee on rules, prior appropriation continued..............................$1,310,401 9626-0010 For repairs and renovations, prior appropriation continued.......$186,000 9627-0050 For the cost of universal health and unemployment insurance, medicare and worker's compensation charges assessed against the employees of the house of representatives, prior appropriation continued ...........................$506,449 9627-0100 For a legislative intern and service program for the house of representatives, prior appropriation continued ..............$400,000 9628-0000 For the office of the house committee on ways and means, prior appropriation continued .........................$1,316,833 9628-0010 For certain renovations and improvements to the house committee on ways and means, including the costs of data processing services, equipment and personnel, prior appropriation continued.......................... 9628-0020 For the performance oversight component of the house ways and means committee, including the cost of travel as may be authorized and approved in writing by the chair of said house committee on ways and means, prior appropriation continued..................................... 9629-0000 For clerical and other expenses of the members of the house of representatives, prior appropriation continued ..........$2,850,348 9630-0020 For administrative and legislative aides to the members of the house of representatives, prior appropriation continued.....$4,184,000 9631-0021 For the two administrative assistants to work within the county in which they reside under the direction of the elected representative from the Cape and Islands district; provided, that such assistants shall be residents of the districts; provided further, that each reside in separate counties and neither shall reside in the county in which the elected representative resides; and provided further, that such assistants shall be appointed by said elected representative, prior appropriation continued................$56,597 9632-0040 For office supplies and other expenses of the house of representatives, prior appropriation continued ..............$638,824 9633-0000 For the expenses of televising sessions of the house of representatives, prior appropriation continued ..............$559,207 Chap. 151 9634-2000 For the expenses related to the house information systems, including maintenance of data and telecommunications equipment, prior appropriation continued..................$154,349 9634-3000 For the salaries of court officers and pages of the house of representatives, prior appropriation continued ..............$764,521 9634-4000 For the expenses of the office of the house committee on personnel administration, prior appropriation continued .......$34,452 9634-5000 For legislative committee services for the house of representatives, prior appropriation continued....................$5,320,484 9634-6000 For the office of legislative post audit and oversight bureau of the house of representatives, prior appropriation continued......$652,833 9636-0000 For the legislative service bureau, prior appropriation continued...........................................$355,924 Sergeant At Arms. 9731-0000 For the office of the sergeant-at-arms, prior appropriation continued...........................................$518,728 9731 -0050 For the cost of universal health and unemployment insurance, medicare and worker's compensation charges assessed against the employees of the joint legislative committees, prior appropriation continued ..................... 9734-1000 For the salaries of clerks employed in the legislative document room, including other joint legislative expenses, prior appropriation continued................................$176,570 9735-0000 For contingent expenses of the senate and house of representatives and necessary expenses in and about the state house, with the approval of the sergeant-at-arms, prior appropriation continued ...........................$180,100 9736-0000 For the rental, maintenance and updating of an electric roll call system, prior appropriation continued ;.................$22,532 Joint Legislative Expenses. 0143-0151 For the special commission on the effects of growth-rural grant, prior appropriation continued................... 0185-7601 For the state mandate inventory project, prior appropriation continued..................................... Chap. 151 9738-0001 For the administration of the office of legislative data processing, prior appropriation continued..................$900,000 9739-0003 For the compilation, indexing, annotating, printing and other expenses in connection with the publication of the bulletin of committee hearings and of the daily list, with the approval of the joint committee on rules, including other joint legislative expenses, prior appropriation continued......$167,167 9742-0000 For the administration of the legislative engrossing division, prior appropriation continued ...........................$248,199 9743-0000 For printing, binding and paper ordered by the senate and house of representatives, or by concurrent order of the two branches, for printing the manual of the general court, with the approval of the clerks of the respective branches, and for biographical sketches of certain state and federal officials and other expenses, prior appropriation continued.... $ 1,051,858 9744-1000 For joint legislative data processing and telecommunications equipment and services, prior appropriation continued. 9746-0000 For the expenses of the joint committees on rules and for clerical and other assistance to the joint committees, prior appropriation continued................................$174,242 9747-0010 For the expenses of joint standing and special committees authorized by joint order to sit and travel during the session and recess of the general court, said funds to be allocated to committees only upon written approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued ...............$38,054 9748-0000 For membership fees and programs of legislative associations for the general court of the commonwealth, with the approval of the president of the senate and the speaker of the house of representatives, prior appropriation continued......$235,000 9749-0000 For the expenses of the special commission on financial services, established by section one hundred and eleven of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine; provided, however, that this appropriation shall be fully funded by assessments on depository, non-depository and other financial institutions, prior appropriation continued ..................... Chap. 151 9749-0100 For the expenses of the joint committee on redistricting, prior appropriation continued.......................... 9749-0200 For the expenses of the study authorized by section forty-three of chapter one hundred and forty-two of the acts of nineteen hundred and ninety-one; provided, that the expenditure of funds appropriated herein shall be contingent upon the prior receipt of private donations equal to or greater than said expenditure; provided further, that said donations shall be deposited into the General Fund, prior appropriation continued.......................... 9749-0300 For the expenses of the special commission on state debt established by section two hundred and thirteen of chapter sixty of the acts of nineteen hundred and ninety-four, prior appropriation continued.......................... NO SECTION 2A. SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the agencies listed herein are hereby authorized to expend such amounts as are listed in this section for the provisions of services to agencies listed in section two of this act; provided, however, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section two of this act to the Intragovemmental Service Fund, established pursuant to section two Q of chapter twenty-nine of the General Laws; provided further, that no expenditures shall be made from said Intragovemmental Service Fund which would cause said fund to be in deficit at the close of fiscal year nineteen hundred and ninety-seven; provided further, that all authorizations in this section shall be charged to said Intragovemmental Service Fund; and provided further that, any balance remaining at the close of fiscal year nineteen hundred and ninety-seven shall be transferred to the General Fund. SECRETARY OF STATE. Office of the Secretary of State. 0511-0003 For the costs of providing electronic and other publications purchased from the state bookstore and for commission and notary fees and for direct access to the secretary's computer library ..................................... $25,000 0511 -023 5 The secretary of state is hereby authorized to receive compensation revenues from other state agencies including the judicial branch for the destruction of their obsolete records Chap. 151 by the records center where appropriate; provided, that the secretary of state is hereby authorized to expend revenues not to exceed one hundred thousand dollars from such funds received for the costs of such obsolete record destruction; provided further, that said fees shall be charged on an equitable basis.......................... $100,000 EXECUTIVE OFFFICE OF ADMINISTRATION AND FINANCE. Office of Dispute Resolution. 1100-1108 For the office of dispute resolution for the costs of mediation and other services provided to certain agencies ............ $300,000 Workers' Compensation Litigation Unit. 1100-1111 For the workers' compensation litigation unit, including the costs of personnel ................................... $476,980 Public Employees Retirement Administration. 1108-6201 For the cost of workers' compensation paid to public employees; provided that the secretary of administration and finance shall charge, pursuant to section six hundred and one of this act, other items of appropriation or state agencies for cost incurred on behalf of said agencies; provided further, that said secretary may transfer workers' compensation-related fringe benefit assessments from federal grants and trust accounts to this item; provided further, that said secretary shall identify charges by said item of appropriation; provided further, that said secretary shall file quarterly reports with the house and senate committees on ways and means detailing said items, including federal grants and trust accounts, that have not yet paid their charges, and the reasons why, within three weeks of the close of each quarter; provided further, that no funds shall be expended from this item that would cause said item to be deficient; and provided further, that said secretary shall provide projected costs of workers' compensation costs incurred by agencies in fiscal year nineteen hundred ninety-seven to the house and senate committees on ways and means by February fourteenth, nineteen hundred ninety-seven .......................$45,000,000 Chap. 151 Reserves. 1599-2040 For the payment of prior year deficiencies, so-called, based upon schedules provided to the house and senate committees on ways and means; provided, that the comptroller is hereby authorized to charge departments' current fiscal year appropriations and transfer to this item amounts equivalent to the amounts to any prior year deficiency, so-called, subject to the conditions stated herein; provided further, that the comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains, or if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains; provided further, that no chargeback shall be made which would cause a deficiency in any current fiscal year item of appropriation; provided further, that the comptroller shall report on a quarterly basis to the house and senate committees on ways and means on all chargebacks assessed, including the amount of the chargeback, the item of appropriation and subsidiary charged, and the reason for the prior year deficiency .............................$6,000,000 1599-3100 For the cost of the commonwealth's employer contributions to the unemployment compensation fund and the medical security trust fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of said contributions; and provided further, that in executing these responsibilities the state comptroller is authorized to charge in addition to individual appropriation accounts certain non-appropriated funds amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense, or related charges ...........$11,564,307 Division of Human Resources. 1750-0101 For the cost of goods and services rendered in administering training programs, including the cost of training unit staff; provided, that the division of human resources is authorized to collect a seventy-five dollar administrative Chap. 151 fee from vendors who submit proposals in response to requests for proposals for the commonwealth of Massachusetts master service agreement for specialized training and consultation services at the time of proposal submission; provided further, that any vendor who fails to deliver the appropriate administrative fee with its submission shall be deemed non-responsive and its proposal shall not be considered for contract award; provided further, that the division shall charge to other items of appropriation for the cost of participants enrolled in programs sponsored by the division, or to state agencies employing said participants; and provided further, that the division is authorized to collect from participating state agencies a fee sufficient to cover administrative costs of the commonwealth's performance recognition programs and to expend such fees for goods and services rendered in the administration of these programs ...................$1,000,000 Office of Employee Relations. 1750-0110 For the payment of fees by user agencies to arbitrators selected by the commonwealth to hear and decide final and binding arbitration cases for grievances filed pursuant to the provisions of chapter one hundred and fifty E of the General Laws........................................ $80,000 Division of Operational Services. 1775-0500 For the operation and maintenance of state buildings, including reimbursement for overtime expenses, materials and contract services purchased in performing renovations and related services for agencies occupying state buildings or for services rendered to approved entities utilizing state facilities............................................ $50,000 1775-0800 For the purchase, operation and repair of certain vehicles and for the cost of the operation and maintenance of all vehicles that are leased by other agencies, including the costs of personnel ..................................$4,368,660 Chap. 151 1775-1000 For the provision of printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the commissioner of administration shall charge to other items of appropriation within the agencies of the executive branch for such services, including the costs of personnel.........$1,600,843 Division of Information Technology. 1790-0200 For the cost of computer resources and services provided by the division of information technology in accordance with the policies, procedures and rates approved by the secretary for administration and finance, including the purchase, lease or rental of telecommunications lines, services and equipment, that are centrally billed to the commonwealth; provided, that said secretary shall charge other items of appropriation for the cost of said resources and services; provided further, that notwithstanding the provisions of any general or special law to the contrary, charges for the cost of computer resources and services provided by the bureau of computer services for the design, development, and production of reports and information required for the analysis and development of appropriations bills shall not be charged to any item of appropriation of the house of representatives, the senate or any joint legislative account in fiscal year nineteen hundred and ninety-seven; provided further, that the bureau shall submit quarterly reports to the house and senate committees on ways and means summarizing each agency's charges and payments for the preceding quarter for this item; and provided further, that the secretary for administration and finance is authorized to establish regulations, procedures and a schedule of fees to further implement this section including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel .......................$7,792,035 1790-0400 For the purchase, delivery, handling of, and contracting for, supplies, postage, and related equipment and other incidental expenses provided pursuant to the provisions of section fifty-one of chapter thirty of the General Laws......$2,111,005 1790-0500 For the cost of the commonwealth's data warehouse, in accordance with the policies, procedures and rates approv- Chap. 151 ed by the secretary of administration and finance; provided, that said secretary shall charge other items of appropriation for the cost of said warehouse; provided further, that notwithstanding the provisions of any general or special law to the contrary, charges for the cost of the data warehouse and services provided for the design, development, and production of reports and information required for the analysis and development of appropriations bills shall not be charged to any item of appropriation of the house of representatives, the senate or any joint legislative account in fiscal year nineteen hundred and ninety-seven; and provided further, that the secretary for administration and finance is authorized to establish regulations, procedures and a schedule of fees to further implement this section including, but not limited to, the development and distribution of forms and instructions, including the costs of personnel ........................ $492,000 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. Office of the Secretary 2001-1002 For the costs of data processing and related computer and mapping services, the distribution of digital cartographic and other data, the review of environmental notification forms pursuant to the Massachusetts Environmental Policy Act, and for the staff and printing of the MEPA Monitor..... $350,000 Department of Fisheries, Wildlife, and Environmental Law Enforcement. 2350-0102 For the costs of overtime and special details provided by the department of fisheries, wildlife, and environmental law enforcement's division of environmental law enforcement..... $160,000 Metropolitan District Commission. 2410-1002 For the costs of operating the commission's telecommunications system; provided, that nothing in this section shall diminish or impair the rights of access or utilization of all current users of the system pursuant to agreements which have been entered into with the commission .............. $100,000 2410-1003 For the costs of the purchase of fuel, oil, and other associated products for other state agencies........................ $550,000 Chap. 151 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. Massachusetts Commission for the Deaf and Hard of Hearing. 4125-0122 For the cost of interpreter services provided by staff of the commission; provided, that the costs of personnel may be charged to this item; provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system................... $125,000 Department of Public Health. 4590-0901 For costs of medical services provided at public health hospitals pursuant to a schedule of services and fees approved by the commissioner of public health, which may be expended for the purposes of hospital related costs, including capital expenditures and motor vehicle replacement........................................ $150,000 4590-0903 For the expenses of medical services provided at the department of public health Lemuel Shattuck hospital to inmates of county correctional facilities; provided, that the expenses so incurred shall be charged to item 8910-0010 pursuant to the provisions contained therein; provided further, that not more than two million four hundred thousand dollars in expenses shall be so incurred; provided further, that the department may expend the amounts transferred to this item for purposes of hospital related costs, including capital expenditures and motor vehicle replacement without further appropriation; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amount not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ........$2,400,000 Department of Mental Retardation. 5948-0012 For the costs of residential services provided in item 7061-0012, in section two of this act ...................$5,000,000 Chap. 151 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. Massachusetts Aeronautics Commission. 6006-0010 For the costs of air transportation services, including the costs of personnel......................................... $47,500 Department of Highways. 6030-7501 For the costs of the purchase of bulk fuel for certain vehicles under the authority of the department of procurement and general services, and the costs of purchased fuel for other agencies and for certain administrative expenses related to purchasing and distributing the fuel ....................$1,000,000 OFFICE OF LABOR EDUCATION AND ECONOMIC DEVELOPMENT. Department of Education. 7053-2101 For the costs of USDA commodity foods pursuant to federal law requirements.................................... $100,000 Higher Education Computer Network. 7066-0003 For the costs of data processing services provided by the higher education computer network pursuant to a schedule of fees for services.................................... $50,000 EXECUTIVE OFFICE OF PUBLIC SAFETY. Department of State Police. 8100-0002 For the costs of overtime associated with requested police detail; provided, however, for the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the department may incur expenses, and the comptroller may certify for payment, amounts not to exceed the lower of this authorization or the most recent revenue estimate therefor as reported in the state accounting system..................................$2,000,000 Military Division. 8700-1145 For the costs of utilities and maintenance and for the implementation of energy conservation measures with regard to the state armories..................................... $25,000 Chap. 151 Department of Correction. 8900-0021 For the costs of products produced by the prison industries and farm program and for the costs of services provided by inmates, including moving, auto repair, culinary, and renovation and construction services; provided, that the cost for such renovation and construction services shall not exceed the amount established by the department of procurement and general services; provided further, that such revenues may also be expended for materials, supplies, equipment, maintenance of facilities and compensation of employees and for the inmate employment and training program .....................$6,211,945 SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six of the General Laws and section eighty-nine of chapter seventy-one of the General Laws, for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven, the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of section thirty-five of chapter ten of the General Laws, shall be four hundred eighty-four million one hundred eighty thousand dollars and shall be apportioned to the cities and towns in accordance with this section; provided, that the amount of any balance in the State Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund; provided, further, that the total amount of lottery distribution in fiscal year nineteen hundred and ninety-six shall be considered "general revenue sharing aid received in the prior fiscal year" for purposes of calculating the municipal revenue growth factor pursuant to the provisions of chapter seventy of the General Laws; provided further, that the entire amount of the distribution made by this section shall be exempt from the provisions of section five of chapter seventy. Notwithstanding the provisions of any general or special law to the contrary, except for section twelve B of chapter seventy-six of the General Laws, and section eighty-nine of chapter seventy-one of the General Laws, the total amounts to be distributed and paid to each city, town, regional school district, and county maintaining an agricultural school from items 0611-5500 and 7061-0008 of section two of this act shall be as set forth in the following lists; provided, that the specified amounts to be distributed from item 7061-0008 of said section two are hereby deemed to be in full satisfaction of the amounts due under the provisions of sections three, six, and seven of chapter seventy of the General Laws; provided further, that the amounts to be distributed from item 0611-5500 of said section two are hereby deemed to be in full satisfaction of the amounts due under section thirty-seven of chapter twenty-one of the General Laws. No payments to cities, towns, or counties maintaining an agricultural school pursuant to this section shall be made after November thirtieth of the fiscal year by the state treasurer until he receives certification from the Chap. 151 commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section forty-three of chapter forty-four of the General Laws. 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Abington 4,717,216 1,326,339 Acton 1,137,052 37,368 902,764 Acushnet 3,576,961 30,043 1,026,323 Adams 44,096 1,379,809 Agawam 7,977,036 2,434,181 Alford 10,627 Amesbury 7,057,342 1,317,718 Amherst 4,366,168 280,503 5,091,299 Andover 2,837,944 1,127,831 Arlington 3,531,573 5,652,310 3,000,800 Ashburnham 401,457 Ashby 17,280 246,680 Ashfield 36,321 101,920 Ashland 1,097,118 366,937 610,476 Athol 5,507 1,348,605 Attleboro 16,268,906 3,495,561 Auburn 2,904,820 1,074,622 Avon 351,015 504,148 281,422 Ayer 3,727,748 55,642 524,251 Barnstable 2,787,386 1,148,320 Barre 39,269 489,010 Becket 2,357 10,797 49,918 Bedford 1,052,980 609,391 491,093 Belchertown 5,502,499 947,980 Bellingham 5,154,979 1,303,276 Belmont 1,632,669 1,041,278 1,209,515 Berkley 2,318,981 319,621 Berlin 307,455 157,627 Bernardston 159,903 Beverly 4,646,789 3,086,077 2,604,463 Billerica 9,527,520 2,956,313 2,621,911 Blackstone 15,955 829,218 Blandford 77,514 Bolton 117,582 Chap. 151 Municipality Boston Bourne Boxborough Boxford Boylston Braintree Brewster Bridgewater Brimfield Brockton Brookfield Brookline Buckland Burlington Cambridge Canton Carlisle Carver Charlemont Charlton Chatham Chelmsford Chelsea Cheshire Chester Chesterfield Chicopee Chilmark Clarksburg Clinton Cohasset Colrain Concord Conway Cummington Dalton Danvers 7061-0008 0611-5500 Chapter 70 Additional Lottery School Aid Assistance Distribution 14,723,730 206,638,214 41,107,710 2,161,675 443,645 699,07 171,660 147,08 340,535 45,818 254,586 227,445 225,813 2,681,491 4,250,822 2,128,732 300,709 207,960 33,553 1,919,557 732,760 224,088 65,876,311 5,424,063 11,005,680 1,181,329 309,578 2,701,838 4,401,448 2,668,147 5,516 174,798 2,244,208 1,744,603 985,920 4,027,744 22,595,349 5,379,859 1,457,899 1,104,851 898,115 291,341 18,534 133,474 6,249,901 841,494 27,272 97,515 773,445 201,355 105,222 4,383,654 3,190,395 1,991,357 23,882,441 4,274,507 3,379,435 46,675 336,822 102,467 38,213 76,176 25,727,666 1,504,526 6,275,046 2,288 867,429 16,502 246,041 6,400,604 220,865 1,400,472 719,809 209,013 287,310 136,156 842,673 483,163 633,215 390,976 104,422 27,757 46,032 276,215 633,517 1,860,091 1,408,080 1,311,316 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Dartmouth 5,221,584 1,634,932 Dedham 1,921,271 1,950,847 1,465,064 Deerfield 482,887 311,584 Dennis 317,040 Dighton 444,649 Douglas 3,054,410 390,478 Dover 126,414 135,563 Dracut 9,529,376 2,090,228 Dudley 941,262 Dunstable 50,966 37,846 112,010 Duxbury 1,565,597 593,546 East Bridgewater 5,702,508 922,365 East Brookfield 7,635 189,140 East Longmeadow 2,550,355 863,784 Eastham 111,905 82,815 Easthampton 6,253,408 137,004 1,772,560 Easton 4,571,758 1,361,693 Edgartown 153,123 35,873 25,544 Egremont 46,175 Erving 163,638 16,548 36,153 Essex 274,493 42,569 150,967 Everett 7,852,251 5,139,628 2,167,566 Fairhaven 4,904,122 492,569 1,337,878 Fall River 64,738,779 2,882,862 15,449,436 Falmouth 3,027,312 809,883 Fitchburg 22,706,326 270,312 5,149,677 Florida 347,031 30,226 Foxborough 4,054,832 1,033,068 Framingham 4,313,992 5,911,189 4,001,925 Franklin 9,046,702 1,565,109 Freetown 692,137 597,584 Gardner 10,163,568 151,944 2,395,616 Gay Head 1,507 Georgetown 1,839,153 66,691 442,602 Gill 129,020 Gloucester 3,401,432 2,419,911 1,662,485 Goshen 1,650 42,292 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Gosnold 1,075 2,469 306 Grafton 3,001,429 978,790 Granby 1,906,440 548,539 Granville 393,251 87,245 Great Barrington 528,271 Greenfield 7,624,596 1,998,424 Groton 101,269 443,786 Groveland 444,692 Hadley 312,527 174,084 205,027 Halifax 1,584,146 591,063 Hamilton 53,967 409,976 Hampden 400,646 Hancock 41,415 22,195 29,243 Hanover 1,962,391 1,669,092 700,407 Hanson 832,320 Hardwick 43,383 4,062 256,625 Harvard 756,368 69,324 1,316,543 Harwich 598,316 250,702 Hatfield 489,552 219,333 Haverhill 23,950,104 3,149,881 4,772,364 Hawley 9,286 16,264 17,371 Heath 34,123 Hingham 1,975,822 420,485 944,239 Hinsdale 33,622 130,723 Holbrook 3,379,230 5,987 1,013,092 Holden 1,051,963 Holland 321,625 105,283 Holliston 3,559,447 518,826 815,333 Holyoke 46,301,377 763,384 6,097,316 Hopedale 2,381,448 383,243 Hopkinton 1,324,071 151,365 394,842 Hubbardston 6,410 175,445 Hudson 4,635,009 1,382,516 Hull 3,317,517 1,747,307 712,156 Huntington 195,132 Ipswich 1,141,809 975,780 686,918 Kingston 1,619,497 563,870 Chap. 151 Municipality Lakeville Lancaster Lanesborough Lawrence Lee Leicester Lenox Leominster Leverett Lexington Leyden Lincoln Littleton Longmeadow Lowell Ludlow Lunenburg Lynn Lynnfield Maiden Manchester Mansfield Marblehead Marion Marlborough Marshfield Mashpee Mattapoisett Maynard Medfield Medford Medway Melrose Mendon Merrimac Methuen Middleborough 7061-0008 0611-5500 Chapter 70 Additional Lottery School Aid Assistance Distribution 1,126,271 475,134 588,728 420,781 265,680 73,152,980 239,970 10,084,731 1,188,870 479,419 4,784,909 1,115,610 910,667 90,787 422,966 18,125,413 14,714 3,341,374 145,048 107,396 2,802,306 1,084,537 39,635 224,505 367,459 318,228 654,804 207,535 362,081 2,337,138 920,843 70,918,756 7,978,998 11,205,618 6,887,005 1,843,708 2,355,294 689,876 57,095,998 11,926,220 8,631,303 1,039,050 455,892 509,751 14,149,788 7,030,168 5,474,713 424,048 172,811 3,975,087 912,368 882,570 1,347,794 49,583 772,188 135,805 132,607 2,565,220 3,433,241 2,076,801 7,367,663 255,142 1,374,267 1,126,466 122,851 243,193 279,751 1,374,230 738,519 739,179 1,144,439 937,000 590,010 8,930,786 8,094,393 4,907,907 3,108,904 235,317 626,033 4,076,443 3,402,865 2,152,756 230,410 484,892 14,322,788 205,147 3,229,815 11,004,683 1,559,849 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Middlefield 27,640 Middleton 281,870 159,272 223,159 Milford 8,860,373 2,071,390 Millbury 3,563,931 1,156,704 Millis 1,220,472 403,862 505,704 Millville 6,792 216,825 Milton 1,696,645 1,566,851 1,570,778 Monroe 12,748 17,526 5,935 Monson 3,971,684 837,070 Montague 789,161 Monterey 15,777 26,927 Montgomery 53,170 Mount Washington 5,191 41,886 1,876 Nahant 213,054 157,791 200,370 Nantucket 312,585 46,166 Natick 2,346,539 2,444,348 1,595,699 Needham 2,072,823 259,216 1,078.170 New Ashford 10,720 9,203 5,103 New Bedford 71,033,327 901,313 15,563,944 New Braintree 65,115 New Marlborough 35,798 New Salem 60,452 Newbury 286,773 Newburyport 2,214,865 1,736,621 1,058,390 Newton 5,379,166 1,732,789 3,483,496 Norfolk 1,627,571 564,366 North Adams 10,612,839 233,872 2,989,218 North Andover 2,163,587 151,695 1,175,014 North Attleborough 8,431,292 1,863,485 North Brookfield 2,925,826 516,767 North Reading 1,527,350 1,189,787 704,396 Northampton 5,744,003 727,239 2,706,761 Northborough 1,382,533 76,900 674,606 Northbridge 6,973,991 3,865 1,505,558 Northfield 175,864 Norton 6,170,546 1,346,100 Norwell 1,136,729 680,878 453,724 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Norwood 2,117,877 3,354,660 1,719,870 Oak Bluffs 112,960 41,573 Oakham 45,684 94,914 Orange 3,913,532 2,661 1,040,583 Orleans 98,465 112,048 Otis 19,012 Oxford 6,096,425 1,369,756 Palmer 6,048,131 1,234,089 Paxton 285,528 Peabody 8,742,427 3,951,625 3,312,545 Pelham 39,960 91,157 Pembroke 3,072,404 1,070,219 Pepperell 44,849 778,344 Peru 37,591 65,494 Petersham 114,042 65,738 Phillipston 5,519 80,590 Pittsfield 22,061,574 1,107,722 5,188,757 Plainfield 18,682 24,478 Plainville 899,027 451,556 Plymouth 12,643,583 2,094,937 Plympton 423,366 141,234 Princeton 184,563 Provincetown 164,305 27,912 96,604 Quincy 9,579,537 14,555,556 6,671,689 Randolph 6,766,525 2,297,597 2,315,133 Raynham 13,979 751,061 Reading 2,855,026 1,931,472 1,417,822 Rehoboth 593,062 Revere 13,643,798 6,712,698 3,741,060 Richmond 232,078 78,356 Rochester 524,411 257,473 Rockland 7,399,773 496,221 1,562,882 Rockport 539,942 278,545 Rowe 21,465 2,238 Rowley 143,746 271,608 Royalston 83,837 Russell 139,773 Rutland 500,130 Chap. 151 Municipality Salem Salisbury Sandisfield Sandwich Saugus Savoy Scituate Seekonk Sharon Sheffield Shelburne Sherborn Shirley Shrewsbury Shutesbury Somerset Somerville South Hadley Southampton Southborough Southbridge Southwick Spencer Springfield Sterling Stockbridge Stoneham Stoughton Stow Sturbridge Sudbury Sunderland Sutton Swampscott Swansea Taunton Templeton 7061-0008 0611-5500 Chapter 70 Additional Lottery School Aid Assistance Distribution 7,046,593 4,151,021 2,513,885 398,173 20,659 2,327,621 111,247 432,628 2,341,756 2,245,040 1,461,824 281,953 17,367 66,324 1,874,862 1,101,119 969,244 2,243,817 807,950 2,607,679 78,642 884,639 15,023 143,185 22,016 176,857 157,696 26,364 143,459 2,329,448 233,500 629,502 3,848,124 376,077 1,535,165 315,930 83,372 1,413,903 894,737 17,609,371 20,410,649 8,183,656 4,627,296 25,437 1,640,295 929,091 365,180 461,537 278,497 10,953,287 2,149,248 736,155 94,745 1,340,201 133,255,509 2,302,181 19,971,276 424,190 73,575 1,496,509 2,553,177 1,419,407 6,535,610 129,781 2,173,270 8,776 264,391 826,985 434,154 1,018,880 807,321 611,899 463,212 287,951 2,196,175 490,812 1,106,554 443,359 650,385 3,599,614 1,300,629 24,155,157 5,971,541 775,555 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Tewksbury 7,254,811 1,908,145 Tisbury 123,260 66,257 Tolland 12,413 3,396 Topsfield 230,965 318,725 276,522 Townsend 50,078 696,116 Truro 62,550 18,746 Tyngsborough 3,212,127 510,903 Tyringham 10,250 9,179 Upton 331,019 Uxbridge 4,048,500 908,096 Wakefield 2,806,368 1,809,635 1,582,952 Wales 536,375 141,960 Walpole 3,284,792 1,112,115 1,201,678 Waltham 4,162,251 6,869,270 3,607,212 Ware 4,571,127 19,199 1,063,391 Wareham 7,845,993 1,371,087 Warren 451,160 Warwick 36,354 46,347 Washington 19,612 29,889 44,459 Watertown 1,466,412 5,571,114 2,032,794 Wayland 1,269,949 352,813 478,803 Webster 5,763,848 78,026 1,492,340 Wellesley 1,635,569 121,858 937,737 Wellfleet 91,726 39,099 Wendell 6,001 32,131 74,063 Wenham 175,913 204,379 West Boylston 914,588 85,259 424,733 West Bridgewater 1,368,750 59,411 430,362 West Brookfield 280,819 West Newbury 188,271 West Springfield 8,374,121 2,090,664 West Stockbridge 71,622 West Tisbury 229,569 17,287 Westborough 1,375,662 182,536 646,335 Westfield 19,643,732 3,857,941 Westford 2,465,293 1,126,887 858,774 Westhampton 162,259 84,410 Chap. 151 7061-0008 0611-5500 Chapter 70 Additional Lottery Municipality School Aid Assistance Distribution Westminster 360,865 Weston 595,883 281,056 Westport 2,384,560 897,443 Westwood 1,149,102 45,632 489,713 Weymouth 14,244,601 3,050,391 4,883,947 Whately 51,133 82,781 Whitman 1,411,101 Wilbraham 813,724 Williamsburg 268,895 205,812 Williamstown 739,335 667,277 Wilmington 1,909,929 1,578,564 878,326 Winchendon 6,706,784 31,919 964,519 Winchester 1,878,610 433,387 883,291 Windsor 35,260 37,669 Winthrop 3,213,559 2,878,558 1,721,976 Woburn 2,666,480 4,513,710 2,072,138 Worcester 91,105,271 14,860,192 18,900,647 Worthington 66,963 Wrentham 2,400,262 641,629 Yarmouth 699,383 Total Aid to Regional Schools 375,438,871 Total 2,058,587,640 476,315,282 484,180,000 7061-0008 Chapter 70 Regional Schools School Aid Acton Boxborough 2,110,517 Adams Cheshire 7,066,636 Amherst Pelham 5,762,097 Ashburnham Westminster 6,627,842 Assabet Valley 2,662,938 Athol Royalston 11,412,733 Berkshire Hills 2,452,415 Berlin Boylston 683,409 Blackstone Millville 6,976,893 Blackstone Valley 4,169,391 Chap. 151 7061-0008 Chapter 70 Regional Schools School Aid Blue Hills 3,088,171 Bridgewater Raynham 14,003,397 Bristol County 1,245,928 Bristol Plymouth 3,824,993 Cape Cod 1,636,406 Central Berkshire 5,571,237 Chesterfield Goshen 362,255 Concord Carlisle 1,166,058 Dennis Yarmouth 4,684,430 Dighton Rehoboth 7,343,951 Dover Sherborn 869,245 Dudley Charlton 11,378,597 Essex County 3,516,920 Farmington River 259,688 Franklin County 1,822,002 Freetown Lakeville 4,233,739 Frontier 897,436 Gateway 5,358,781 Gill Montague 4,932,431 Greater Fall River 7,705,990 Greater Lawrence 9,419,867 Greater Lowell 12,642,252 Greater New Bedford 12,054,806 Groton Dunstable 3,931,832 Hamilton Wenham 2,312,323 Hampden Wilbraham 6,630,802 Hampshire 1,455,095 Hawlemont 487,959 King Philip 3,505,873 Lincoln Sudbury 1,428,002 Ralph C. Mahar 2,859,769 Marthas Vineyard 579,340 Masconomet 1,773,194 Mendon Upton 3,067,258 Minuteman 2,170,778 Mohawk Trail 4,866,621 Montachusett 5,190,305 Mount Greylock 1,635,755 Chap. 151 7061-0008 Chapter 70 Regional Schools School Aid Narragansett 5,344,674 Nashoba 4,521,115 Nashoba Valley 1,842,193 Nauset 2,304,672 New Salem Wendell 623,505 Norfolk County 624,441 North Middlesex 14,435,829 North Shore 1,180,744 Northhampton Smith 762,642 Northboro Southboro 1,191,844 Northeast Metropolitan 4,928,615 Northern Berkshire 2,269,709 Old Colony 1,954,356 Old Rochester 1,250,220 Pathfinder 1,862,974 Pentucket 7,388,014 Pioneer 2,914,811 Quabbin 9,058,254 Quaboag 6,005,476 Shawsheen Valley 3,045,134 Silver Lake 7,203,203 South Middlesex 2,237,022 South Shore 1,692,584 Southeastern 7,192,048 Southern Berkshire 1,464,890 Southern Worcester 4,057,479 Southwick Tolland 5,329,276 Spencer East Brookfield 9,434,396 Tantasqua 3,730,915 Tri County 2,404,717 Triton 6,117,136 Up-Island 316,096 Upper Cape Cod 1,400,767 Wachusett 13,294,094 Whitman Hanson 14,869,732 Chap. 151 7061-0008 Chapter 70 Regional Schools______________________School Aid Whittier 4,391,606 Worcester Trade_______________________6,955,334 Regional Total 375,438,871 NO SECTION 4. SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, expenditures made from the AA subsidiary, so-called, of the items of appropriation in sections two and two B of this act which are listed below for the personnel costs associated with the programs funded in each of the items listed below shall not exceed the amounts specified herein for each such item. Notwithstanding the provisions of any general or special law to the contrary, the number of full time equivalent positions compensated from the AA subsidiary, so-called, of each of the items listed below shall not exceed the number of authorized positions specified below for each such item; provided, however, that for the purposes of this section board and commission members and seasonal employees shall not be classified as full time equivalent positions. Nothing in this section shall be construed so as to make any further appropriation of funds. Notwithstanding the provisions of any general or special law to the contrary, fiscal year nineteen hundred and ninety-seven collective bargaining costs associated with collective bargaining units two, five, eight and ten are hereby deemed to be fully funded; provided further, that the costs associated with fiscal year nineteen hundred and ninety-seven salary adjustments for unit and non-unit employees, so-called, compensated from items 7066-0000 through 7518-0100, inclusive, are hereby deemed to be fully funded. Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 0320-0001 $757,990 7 0320-0003 $2,632,822 58.27 0320-0010 $580,148 13 0321-0001 $181,795 4 0321-0100 $174,925 8 0321-1500 $3,252,185 100.5 0321-1502 $6,696,175 141 0321-1503 $377,224 10 0321-1504 $328,729 8 0321-2000 $266,827 8 0322-0100 $4,395,073 84 0330-0101 $6,921,657 72 ON OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO K>K>K)IOK)K>tO^^-i— — •—?—— — ~^-« — — — — — — — OOOOOOOOOOOOOOO I I I I I I I I I I I I I I I I I I I I I ¦ I I I I I I I I I I I I ¦ I I I I I _-^„_-^K-ooJU)Wl»Jl>JV>Jl>J|OK)K)KJN)tOIOK>K)OOU)UJK)K)IOOOOOOOOOOO ooooooooooooooooooooooooooo — oo — — oooooooo OOOUJOOOO-l^-OOOOOOOOOOOOOOOOOOOi-^O^li-" — O^lOUi^L^K) •a fe"5 <« &9 V* <& v> 6<5 V» ¦/-' „** Vi Sf> v> v> 00 — ws ws vs T~ V) to — & > r^ r,^ f^ rj^ C_f\ ^^ "^^ *^ ^^ *>¦* ^^ ^^ r^\ 1^,rf rj-i ^^ fV^ ^^ r^\ ^ 4^- ^D V» -^ 00 "ON To V */5 "^O "~- "O "O ?— "hJ U) IsJ K3 Lj h- b K> 4* 4*. "OS — ~U> ^- Lft Ui — — W 00 - Ui O W O 00 M^yil/00WOO00^^NiaiO^-ViW00ON)WMsjMs]\0\0WWvO0\vll7|slNjLh00Wiyi p\ oo y» ^o 4* jfc- p <-* j— j-j os oo ^j so jo ^ oo w 4^ so © ^ j— © ^- ^o y» po jo 4*- ^ \o © _p\ yi po _os ^ po ^a-. ^O ~QS J^D O "o Vl V> "ui "^- W *0\ "4*- "•—' Vl J0 "u> "ui "4*. "^D V) V) "as "uj "— V) l/i "Vo \o "* *. ON-fc* bobo ^- o Ln i>j on 0ik> Ln on bo U» UJ u> On — 1>j w- .fe On o w o\ - j^ to ui H !¦> £• I ° n 5 3. O rv t« "" ft' *fl 5' £ 3 — i' o o o o o o o © o o o o O © © o o o o o o o C5 © © © o © o © o © UJ UJ UJ u> UJ UJ UJ UJ UJ Uj UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ uj UJ UJ U) UJ UJ UJ UJ UJ U) UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to LA U*l un un U1 un ui i. i. ¦k k J> £ i. J> *- J> UJ UJ UJ UJ UJ UJ UJ UJ UJ UJ to to tb tb tb Ch Ui J> UJ IO 1—. o >o 00 -J o^ un UJ to ^- © \o so ^J o-< Uh -c- UJ to —* o VO 00 ^J Q\ U*i © o o o o o © o © o o o © © © © © © © © © © o © © o o o o o 8 o © o o o o o © © © o o © © o o © o o © o o o © © © © © © © © © oo©o©©oo UJUJUJUJUJUJUJUJ UJ UJ UJ 'JO UJ UJ UJ UJ to to to rj to to to to I I I ¦ I I I I to to to ts> —.^— — ?— G>©OQ>©00© oooooooo fee &e fee fee fee fee te &e fee fee fee fee -o J> "to "oo "-o *- © "-o "o "oo "© 1*j \o - — - - _ UJ p\ ps © ui© ^o O si p j> — z? yi &. oo —» ~g "oo lo "-o \o ^>J \o "so ^jJ *0 ~J © ~ "ao ^>o tjj lyi |o "© ^sJUi(JlVO--WO^O&>wooyiO\^N)iJiM IO to j-- — fee C/0 ¦~J ^D 00 © 00 fee fee fee fee fee fee &e r" 6e ^ fee fee fee &e & j- r* J--1 tJ J>U^O\J>OlOO-JUJ^O©©tOtO uj jo ^o ^ Ni ji *. t » _io » w w _ "oo "uj '<— "-j "© "o "•— "to ">o -J "uj "— "^o ~o\ "OUJM^~©tOO ¦J S P ,"J „0\ O J> j— "¦— "uj "to ^o "uj "— UJ to VD UH J> SO -~J " Tot CT" £L V 5J > fee tary utho "to t/3 3. © T3 N* 9,851 ending edAA H o m ST a s. g. > <' c & ^ len hor ^ N o B. f^' ?n o' E, 3 ~— w H © Chap. 151 Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 0332-5700 $2,432,254 71.9 0332-5800 $1,400,114 39 0332-5900 $1,524,065 39 0332-6000 $1,258,867 34 0332-6100 $992,480 24.47 0332-6200 $711,715 16 0332-6300 $1,658,852 44 0332-6400 $3,786,462 105.5 0332-6500 $1,359,382 36.6 0332-6600 $3,480,709 91 0332-6700 $892,658 22 0332-6800 $1,783,736 45 0332-6900 $3,242,297 95 0332-7000 $1,039,204 29 0332-7100 $684,986 17 0332-7200 $151,618 3 0332-7300 $866,393 22 0332-7400 $882,722 26 0332-7500 $422,204 13 0332-7600 $919,161 24 0332-7700 $520,825 15 0332-7800 $816,439 20 0332-7900 $699,680 19 0333-0002 $950,722 25 0333-0100 $902,681 26 0333-0200 $568,950 15 0333-0300 $1,532,961 45 0333-0400 $173,584 3 0333-0500 $1,877,701 56.5 0333-0600 $461,826 14 0333-0700 $1,978,871 62 0333-0711 $48,000 1 0333-0800 $731,116 19.69 0333-0900 $3,283,427 105 0333-0911 $213,023 8 0333-1000 $138,058 2 0333-1100 $2,244,341 64 0333-1111 $128,444 3 0333-1200 $1,699,827 51.6 0333-1300 $2,817,303 87 Chap. 151 Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 0333-1400 $1,868,728 53 0334-0001 $2,113,416 58 0335-0001 $6,289,334 166.8 0336-0002 $111,094 2 0336-0100 $828,489 23 0336-0200 $427,870 12 0336-0300 $413,242 11 0336-0400 $615,530 20 0336-0500 $370,967 10 0337-0002 $463,476 9 0337-0003 $3,151,955 334 0337-0100 $3,275,577 86.4 0337-0200 $1,732,587 47 0337-0300 $1,258,057 33 0337-0400 $1,095,391 30 0337-0500 $1,162,448 38 0339-1001 $2,660,897 60 0339-2100 $992,423 31 0340-0100 $9,145,428 271.5 0340-0200 $6,822,219 212 0340-0300 $4,711,544 138 0340-0400 $5,152,939 130 0340-0500 $4,390,704 130 0340-0600 $2,260,228 68 0340-0700 $4,586,930 105.6 0340-0800 $3,970,991 104.5 0340-0900 $3,509,267 103 0340-1000 $1,932,368 53 0340-1100 $1,480,293 42 0340-2100 $186,043 3 0511-0000 $5,555,029 164.5 0511-0200 $462,845 15.4 0511-0230 $159,541 3.8 0511-0250 $329,115 10.6 0511-0260 $157,765 4.1 0517-0000 $309,568 8 0521-0000 $768,951 17 0521-0001 $336,414 12.1 0524-0000 $77,889 1.8 0526-0100 $632,915 18.3 W K) IO tO M ^- UJ O O O _- ^- _. >— — u-t _. .— _- h- — ^ — OOOOOOOOOOOOOOOQOOOO LrtK-00000000000NJ—'04i.4^'— — ^-i— — •—?— — — — 4^4^UJ^- — OOOOOOOO-J-sJW- OOOOOOOOOOOOOOOOOOOOOOtOO .—'OOOOUi^— ONUi-fi.WWWIsJi-'-'^OOOOOOOOOOOOOOOOOOOOO O ^- i—' t—.k-^-o^-' — OUi-UtO— h- — ^- o <->-> tO — ^ •—*LOU>tOOOOO —' O O U> O O ^- O OOO-^OJOOOOO^-OO^O*—'OOOOOOOO^OUiO-UtO —'00^-000000 OOOOOOOOOO"— OOO — U)O^-OO0 — OOOO^-L/i— 4^-000000000 o o t./l Ul to to 00 ^j o o o o o o « W> V) V3 tV5 to &e ON V5 to W3 ^ jfc. SO to ^J t« v> ^ ^ ~ O .—» "to V> © NO ** 00 -J to i—i t-^ Ul 00 ON OJ o\ u> -u O >° j-4 *^ LO ^J (—> ^J U) ^ b L»J On ^J "u> oo ^J On On *. -~J O 1—> o *> |N> *• NO O ON to OJ to oo NO v> V* &i tO -|S. .- 1-1 I-" fc* J-» *• V5 - v> *- - •- W W nJ UUl AW y »*¦ r" y tO-OOO ¦— w wi ^ >*^ — In)»nJU«WUiOiM« — _ - _ ui u> ^j on o ui ¦— yi ^ no no o w w S/9 &<> — Vi >- QO Ul IV5 &¦> nV? EA J to — 1 &o to o * t^? tT3 N^J W* ~ .. V^t j TTT „, ^ VJ „ — _.*iO&%toujtomooo\OONNoijJoo4i.&^ 4i^NO-J^NOUWO^-(kOO\OOlN>UltOOW-a p m o no o w -o o ui u m oo ^ ^ o y> jo no on no -j » ui b 'no " b b w w w *no "- u- *>j 'no '^ ut> uui « b OUNN£>U*^4UiO — UtOO*— tO^-O OWO\4i4iOOOiOUitOOOO tV5 iA „"" ¦*>¦ O "u> tV5 J— ;-J ^ Ul ^— 1n> On O no O -fc. -J £5* o- B & > "~* "O N to o n o & > ° 3 > OQ tO ^O ON ON O tO ^ ^ U N) W U ^sJUOO^V0vlvjjOsl\0pp0slW k) ui ui w L) !u J^bobvboLn u> *- W tO 4^ •— ^ m *- w |0 MiyihNjh-^^-OOWUi tOO slKJUiW^i-'0\OOON^K)MUitOsJ^-t>iW^H-slW Ujbocc^ci^^otoLn <-n uj H o en .0 £ c > B s a tiori 13 N u Q- £^* T1 o C B "^ Chap. 151 Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 1410-0010 $1,329,385 34 1599-2373 $1,121,729 0 1750-0100 $4,094,909 88.23 1775-0100 $5,669,838 148.7 1775-0800 $0 8 1775-1000 $0 14 1790-0100 $6,021,942 135 1790-0200 $0 12.8 1790-0400 $0 12 1790-0600 $498,000 9.5 2000-0100 $1,721,026 39 2010-0100 $59,941 0 2020-0100 $1,181,331 25.5 2060-0100 $337,796 7 2100-0005 $629,276 14 2100-1000 $1,268,102 30.2 2100-2030 $14,557,091 452.35 2100-2040 $1,000,000 33 2100-3010 $3,299,908 0 2100-3011 $1,217,699 0 2200-0100 $20,593,795 438.77 2210-0100 $864,701 17.88 2220-2205 $1,036,511 23 2220-2207 $58,600 0 2220-2208 $374,863 0 2220-2209 $37,248 0 2220-2210 $128,093 0 2250-2000 $1,150,800 25 2260-8870 $12,398,065 260 2260-8881 $208,931 4 2300-0100 $492,283 10.5 2300-0101 $172,671 4 2310-0200 $4,203,890 124.24 2310-0500 $167,222 4 2315-0100 $195,573 4 2320-0100 $210,524 5.75 2330-0100 $2,974,796 72 2330-0120 $264,375 6 2350-0100 $6,356,668 143.43 2350-0101 $174,895 5 *. WNWMWWM-i- _- „ „ OOOOO OUlOOOOOOOOOOOOOOO i i i i i i i i i i i i i i i i i OOOl/i^UJ — 4^tO"- — OOOOOO O — OOOOOOOOOOOUJU)^-^-OOOOOOOOOtOOOONUiOVO© >—oooooooooo — ooooo K>N>tOIOK>IOtOtOtOtOtOtOIOtOtOtOtOtOtOtOtOtOtO tototOtOtOtototONJ — «—¦ — CT\-t^-t>-S>--P--t>-(i--l^tO'-- ooooooooo^- — —• — oooooooooo I I I I I I I I I I I I I I I I I I I I I I I „ _ — — ?_ — OOO*UWO'J0\Ui*frUWO">-l^.&.WNJi— OVOW — 0OO~0O0UiO00O4^0 OOOOOOOOOOOOOOOOOOOOi— OO ooooooooooooooooooooooo fe*i %• fee fee fee W Ui 4i- ¦** tO "•" b "oo "to "-(=>. WO-JOO- V5 fee fee fee fee fee j i—• i—> {^ U> L*J 4^. fee fee K> fee fee &« fee ^ w )° w r w w « w fee fee w r w w i° w J° w w w yfl >J (MO 4^ p to to .— pvto p p ;0 p-\ —' M M y N » ^ O w w w ^. to 4^ ui o 'bo ^>j "w b J-t^ tyi "bo Lj ^OO'-J-tkOiOO'—> — -ji.— w -^ 0\Ov^O-f>.H-WW^)h-WUIW[0 wt-M^O-OK)flM»fO^UitOM(3\oOO\O^WOwO Mh-Uip-ooslMW^IO^MIO^^CMMMsjOUiO-OO ^h-uwwtOJiJ^UilOi"XOi>J^--0\\0"0|-''^,00 Subsid fotal A &9 iary t= V9 16, J3S ST O U) L/i "-o. Q\ &c »-t o o LAI to ¦a n' o o ^^ p n "o "o "to "l^l ndi D- o o IA \D *> ~ o ^ to 3 c <> 00 Lft 4^ ^O ^O ^ 4^ iyi oo -vj ^- -fc» Total Eq UJ —' Aut uiva — o\ *. Ch ^ horize lent Pi o o ON o o — i— o o to o\ 7.92 ° Q-5-- T) 5' & 3 — Ul Ul Ul Ul Ul NO NO © O © •— — NO Ul Ul "- - Ui U) «. I I I I I to — o o o o © © © — o © o © o o © o o o Ul Ul Ul Ul © o © o 4i 4*- 4i — a w w - I I I I © Ul — © o o © — © o o o © © o © 4^ 4^ 4* 4*. OO OO OO 00 © © © © © o © © I I I I — o © © — — © © O Ui Ul to O o a <-n 4^ 4i *»»-4^4^4^4i.4^4^4^4^4^4^4^4^4i.4^4i. OOUiUlUiUiUiUiUlUiUlUiUiUlUlUlUl4^ O O OO sjfi -' — — — —• ••-*--- — —.^-o OOOOOXO\UWWWtOOOOOO I I I I I I I I I I I I I I I I I O© — — ©© — — — — 000©00"— OOOUivO-OOOON-'J-J^-->— 000000000©©Wi — ©©© uitO©0©0©UilO©©U>©©o©0 4^ 4^ 4^ 4*. 4*. 4^ to to to — © U> Ui © NO © 00 -J © O I i I I I — — •— © o o o o © — o © — — © © o o © — £££££ > no OO 00 u> u> o © © o o © o © o © © © c 3 © © o © o © o o *— o Ul to sr ^X3 \fi tn Vj v? y j^ y j"-1 ^ i° z~ ^ — © "4* © "ui "ui Lj "to "oo v!0N->-AO00vi00 On j» O jso ~J y> NO On 00 On On "ui "ui "no "— "to "~ "ui ^JU>4^O0\U)©i— ^1 OO — NO-JNOtOOUj w Vi Ul 'ui "no "no 00 Ul 00 On On o o On 4^ Ui o — to NO © OO ^1 On -J M3 IO NO to to •—' 00 no V5 &e ^% fee v* fee r* fc* ^ J° 0\ p\ "0 "^o 1y> 'o ~Lft wo^ooaooooo 09 &9 <« 69 Subsidiary Total Au 6"3 Ul Ui b"5 V5 V5 t/5 B-O ^1 OO *— *. On „"-* NV5 _NO &9 to 4*. NO Ui ^1 Ul 4* 00 4=- 4*. OO Ul "> 4^ ^1 Ul o OS o Ul 00 4*. 4i O o 3 OQ t to — to — "-UJ^l 4^.tOtO UJ ~J — NDONONO^JONUJOtOOO — 4^-Ui >— NOtOtO U^OOOvJ4iWN]OWOWUWN]4iH-WOONOUitN) ui to ^ 4i to bo no On U) \o 00 tO NO On 00 M sj OO 4i ^- Ui Ui >-~ tO tO NOOnOn©On^J^1Ui O — NOU> ©4^0NU)U>otOONO~-fc. — 4i.ONtO>— — u> no si b\ •- uiujtoboNO Ui ^- 4^ to ui no oo H o m £ ^ g. > < c pj ?i 3 hori "fl N o a. ^ Tl 5' £_ 3 ¦~ slslslslslslslslslsl oooooooooo oooooooooo O\C\0n.OnOn0nO\0"iOnOn i i i i i i i i i i oooooooooo — ooooooooo OOO^JO\U^WtO — O oooooooooo si si s) si si si o o o o o o 0 o o o o o Ul Ji ^ U U W 1 I I I I I o o o to o o o o o o so oo o so o ui o o — SO — Ui — O ^J ^ ~J ^1 o o o o 0 o o o U> U> to to 1 I I I o o o o On — 00 si o o o o — o o o —1 ^ —1 —1 ~-J —J o o o o o o 0 o o o o o to to to is) to to 1 I I I I I o o o o o o o\ u\ *. to — — o o o o o o ~-l On 0\ On On On © o o o o o © to — — — — © o o o o o I I I I I I so to — — — — — u< O O O O © o — — — — o o o o — o^yt«sjo\o- OOOsOSOsOSOSO OOnOOOOOO i i i i i i i i o o o to — to to — oo—ooooo 000004^ — 0 o o o o o o I u> tV3 ^rJ \fi s» ^^5 ^/j X Ln w ^ ^ si *. SO — VO o On On yi n© "si on "so "u> o oo w si o\ « \5 ONWsl si \^J VJ VJ V^J W-T y " „¦**• ^ 05 <*> „** W &0 --0\slUi**.MWO>0slkD to ui h• (> -^ o w to yi to o oo yi si o ^ ^> ^i V) o "oo ^ o o o On o "— siwa- siosowoootoooo OnsIOOOOOOOOUJOOOUiOSO V3 r ^ r n rsJ f ^n r ** r ^ r ^ r *k \^j \fi <# y+j vj *+j vJ wj WOOnJnJ\OK)WO\W WvJLhOOO^ONOO^ K> -^l p\ ^- j-4 ^- j-4 M U) V5 — &9 69 V5 &0 &9 -t- 69 -t- 1—' Ul to Jta- ~~ Vi JO 69 &9 _*¦ On o Ul "to SO O U> — UJ to 'U* "si o "to so OO si o\ On o On -P. to Ul si 00 OO *. to 4> si sO to to o sO Ul to o so OO si O Ul o to i—• On •fe o si Ul -^ i—• OO Ul Ul UJ *. Ul 00 Ul *- 00 •—' U> o Ul si GO C o- £. w & > $33, 1' utho ** 00 ¦-t On ¦o N* *- o n» ,78 ndi a. o s £ tO—'OO— O UJ — OO tO O — Ul — -WWWUi^O\s|m — — OO si *. to — o 4^ SO IO Ul 4^ to — oo to o so Ul si 4^ On tO si 4*- tO tO tO Ul O Ul to H o J2 £ C, > B hori . u) to ^-.—.^-^oooooooooooo ?— OOO-^l-OONtO — OOOOOOO oso^oooonooo^j-^^-j^j^j^jon 00000000000000000000000^-0000000 — 000000 — h- — — ta-_-^-^K-^-^^-^_0'— <—• ^- ^- i—> — ^-*— K> — tOOOOOOOU>OOOOOOOi^> OOOOOOOOOO — OOO4^OOOOOOOOt00O<-rt — O — ^OOOOOOO -J -J o o o o ON ON N) — o o I 4/3 ~ &9 ~ ~ jSO On JO J> JO "on "-0 j> "no "00 O On UJ O — y> o\ -j jo j— to "o "00 V "no — ^1 On 4^ NO o to — ro to 69 r- &"3 *- On <-t po j— "no "O "-J "-J 00 U> On U) o no po o^* tyl "00 t>J t>J 00 ^- v] 4^ On yJ\ On U> On W ON 00 4^. to j> 00 j> o '•— "no to "on "00 -J U> tO NO U> -O 4^ no — tO "~J "nO "o On to ^1 w to -- t— "— to — 00 u> * NO NO V/J VJ VJ N^J Xtt 7J pN y> jt» o J3N wso ^ o "on "on ^bo "ji. "-j to - O - nJ >0 00 W) JX3 ^U> JO OO ON -t* O JU» Vj "o "o "*-- "00 "o t-t ^J ON 00 U> O O t— O ^ Ui ON OO O to--i ^e **e v? ^ ^9 &e *»e J4^ '-- ^— "j^ ^-J Xyi "oo "on ^O "oo Vl "— Vj "4^ "U> "uj — -^JO^i-OOaN) — ON O O ON — ~-J CO c o1 rr » 0. > p c >3 0 1/1 -t •a 3 n ding > > -UwwtOH-W- tO ^tgwwwiN)w4N -OJtOWtO^-bJ-W- ^- tO *- ^WWWUlWWJi tyi <-/l — v]s)WWO>NOW»W4n 00 W a - ONWUlJiXNJUiO^ L*> ~J — tO Ji Q\ A — to ~- On to Ui o w no 4i NO to 4^ O NO O a\ u ^ ui On tO O *. .. On t-fl On Wvl"W4iO\4i'-to •— 4^ 00 1— NO 00 tO On O "vlOJ 4^. On On to U) — 4*. 4^. 00 — *. to H I? £. E. > a. H On ^1 Chap. 151 Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 7515-0120 $437,500 15 7516-0100 $13,091,047 309.97 7518-0100 $12,587,077 289 8000-0000 $417,456 7.75 8000-0020 $219,671 5 8000-0105 $2,153,811 46.4 8000-0110 $1,775,100 46.95 8000-0160 $291,578 6 8000-0161 $71,319 2 8000-0500 $162,390 4 8100-0000 $112,803,761 2396 8100-0002 $2,000,000 0 8100-0007 $12,964,692 0 8100-0100 $1,305,939 30 8100-0200 $444,603 14 8100-0300 $73,720 0 8200-0200 $1,314,570 33.66 8311-1000 $723,780 21.77 8312-1000 $5,854,102 130 8314-1000 $987,661 26 8314-1100 $274,509 7 8314-1300 $301,653 7 8315-1000 $2,980,180 70 8350-0100 $670,632 19 8400-0001 $19,200,956 740.01 8400-0100 $2,188,433 72.4 8600-0001 $273,264 7 8700-0001 $2,534,748 89 8800-0001 $567,890 31 8800-0100 $330,166 8 8800-0200 $218,438 5 8850-0001 $144,228 0 8850-0015 $70,374 2 8900-0001 $188,694,670 4663.2 8900-0002 $3,554,572 77.93 8900-0004 $551,251 12 8900-0007 $45,399 1 8900-0009 $2,513,679 67.5 8900-0010 $879,045 99 8900-0100 $659,233 12 Chap. 151 Total Authorized AA Total Authorized Full Time Account Subsidiary Spending Equivalent Positions 8950-0001 $10,107,199 247.63 8950-0002 $166,012 5 9110-0100 $1,426,189 31 9110-0102 $87,549 3 SECTION 6. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary. SECTION 7. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, wastewater treatment and toxic waste clean up. Said project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to said projects as may be required; provided, however, that salaries and administrative expenses shall be charged to the accounts funding said project. Such charges shall not exceed two percent of the following appropriation accounts: 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102-7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-8801, 1102-8819, 1102-8847, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895, 1102-8897, 1102-8899 and 1102-9802. SECTION 8. All sums appropriated under the provisions of this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any agency, board, or division of the commonwealth receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards, or divisions, to determine whether such agencies are complying with the intent of this section. Whenever Chap. 151 such noncompliance is determined by the said secretary, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor, and to the Massachusetts commission against discrimination. The secretary of administration shall report on the status of each agency, board, or division of the commonwealth receiving monies under this act, including supplemental and deficiency budgets, as to compliance or noncompliance with their affirmative action policy to the joint committee on public service and the joint committee on commerce and labor on or before December first, nineteen hundred and ninety-six. SECTION 9. Section 3 of chapter 6 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- Each member of the council shall receive a salary of fifteen thousand six hundred dollars. SECTION 10. Section 17A of said chapter 6, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The cabinet shall consist of the secretary of administration and finance, the secretary of elder affairs, the secretary of environmental affairs, the secretary of health and human services, the secretary of public safety, the secretary of transportation and construction and such other offices of the executive department as the governor may from time to time designate. SECTION 11. Section eighteen A of said chapter six is hereby repealed. SECTION 12. Section 108 of said chapter 6, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 7 and 8 and in lines 25 and 26 the words "secretary of the executive office of communities and" and inserting in place thereof, in each instance, the following words:- deputy director of housing and community. SECTION 13. Said section 108 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 13 and 18 the words "executive office of communities and" and inserting in place thereof, in each instance, the following words:- division of housing and community. SECTION 14. The first paragraph of section 164 of said chapter 6, as so appearing, as amended by section 1 of chapter 285 of the acts of 1995, is hereby further amended by striking out the word "in the executive office of public safety" the following words:- in the department of fire services within the executive office of public safety. SECTION 15. Section 165 A of said chapter 6, as so appearing, is hereby amended by inserting after the word "the", in line 5, the following words:- department of fire services within the. SECTION 16. Said chapter 6 is hereby further amended by inserting after said section 165A the following section:- Section 165B. There is hereby established in the executive office of public safety the Massachusetts fire service commission, hereinafter called the commission, to consist of the secretary of public safety, ex officio; and six members to be appointed by the governor, four of whom shall be fire chiefs selected from a list of eight names submitted by the Fire Chap. 151 Chiefs Association of Massachusetts, one of whom shall be selected from a list of two names submitted by the Professional Firefighters of Massachusetts who holds the rank of firefighter and one of whom shall be a representative of the insurance industry. The four fire chiefs selected from the eight names submitted by the fire chiefs association shall represent the following types of fire departments: (1) a fully paid fire department (2) a partially paid part-call fire department (3) a full-call fire department; and (4) a community from within metro fire district 13. The chairman of said commission shall be elected by a majority of the members thereof and shall serve as chairman for a term of one year or until his successor is elected. Said chairman shall be elected annually at the January meeting. Members of the commission shall be appointed for terms of three years with no limit on the number of terms they may serve. Members shall hold office until a successor is appointed and no member shall serve beyond the time he ceases to hold office or employment by reason of which he was eligible for appointment to the commission. The commission shall meet monthly except that the chairman, with commission approval, may omit meetings in July and August and the chairman, the governor, or the secretary of public safety may call additional meetings at other times, of which all members shall be given notice in writing at least five days prior to such meeting. Special meetings may be called by the chairman and shall be called by him at the request of the governor or upon the written request of four members of said commission. If any member is absent from three regularly scheduled meetings, exclusive of July and August, in any calendar year, his office as a member shall be deemed vacant. The chairman of the commission shall make an annual report to the governor and the secretary of public safety and shall include in it recommendations for appropriate legislation. The members of the commission shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. No member of the commission shall serve as a member concurrently on the Massachusetts fire training council established in section one hundred and sixty-four. The commission shall have responsibility for the following: (1) the appointment of a fire marshal; (2) the promulgation of regulations and policies pertaining to the operation of the office of the state fire marshal; (3) review the annual budget developed by the office of the state fire marshal; (4) advising the office of the state fire marshal regarding state and national fire codes; and (5) consulting with the Massachusetts fire training council to develop standards for fire investigation training and certification. Chap. 151 SECTION 17. Section 168 of said chapter 6, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "services", in line 8, the following words:- and the colonel of state police. SECTION 18. Said chapter 6 is hereby further amended by inserting after section 168A, as so appearing, the following two sections:- Section 168B. The executive director of the criminal history systems board shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination and distribution of firearms record information in accordance with sections one hundred and twenty-one to one hundred and thirty-one J, inclusive, of chapter one hundred and forty. Section 168C. (a) Each public or private degree-granting post-secondary institution of higher education shall submit, on an annual basis, a uniform crime report, consistent with the Federal Bureau of Investigation's Uniform Crime Report, to the criminal history system board. Said board shall file all such reports with the Federal Bureau of Investigation. In addition, said board shall keep a copy of such reports on file for at least five years. Upon submitting such crime report, each such institution shall provide public notice to its campuses that the institution makes such report available, upon request, to an applicant, student or employee of the institution and how any such individuals may obtain a copy of the report from the institution. (b) In addition, each such institution shall certify that it has a campus security policy that has been made available, upon request, to an applicant, student or employee of the institution. Such policy shall provide information on campus security procedures including, but not limited to, the following: (1) the administrative office responsible for security on the campus; (2) policy regarding the possession, use and sale of alcoholic beverages and enforcement of underage drinking laws; (3) policy regarding the possession, use and sale of illegal drugs and enforcement of federal and state drug laws; (4) policy regarding the unauthorized possession and use of weapons by students and employees; (5) policy regarding access to institutional facilities and programs by students, employees, guests and other individuals; (6) procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports; (7) a description of the communication media used to inform the campus community about security matters as well as the frequency with which the information is usually provided. (c) Any such campus security policy shall further provide information on security and access to grounds and buildings including, but not limited to, security considerations used in the maintenance of campus facilities. (d) Any such policy shall further provide information on student housing safety measures, including, but not limited to: (1) policies concerning the identification and admission of visitors in student housing facilities; (2) measures to secure entrances to student housing facilities; (3) standard security features used to secure doors and windows in students' rooms; (4) the type and frequency of programs designed to inform student housing residents about housing security and enforcement procedures; (5) policy and special security Chap. 151 procedures for housing students during low-occupancy periods such as holidays and vacation periods; and (6) policy on the housing of guests and others not assigned to the student housing or not regularly associated with the institution of higher education. (e) Any such policy shall further provide information on campus law enforcement, including: (1) a description of the type and number of security personnel utilized by the institution and a description of their training; (2) the enforcement authority of security personnel, including their working relationship with state and local police agencies; and (3) policy for reporting criminal incidents to state and local police. SECTION 19. The fifth paragraph of section 180 of said chapter 6, as amended by section 13 of chapter 38 of the acts of 1995, is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:- (4) compile and maintain an inventory of underwater archaeological resources reported and recovered under the provisions of this section and section sixty-three of chapter ninety-one, which shall not be a public record; and. SECTION 20. Section 204 of said chapter 6, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 8, the words "Massachusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 21. Chapter 6 A of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section-Section 2. There are hereby established the following executive offices, each of which shall serve under the governor: elder affairs, environmental affairs, health and human services, public safety and transportation and construction. SECTION 22. Sections nine A to thirteen, inclusive, of said chapter six A are hereby repealed. SECTION 23. Said chapter 6A is hereby further amended by striking out the caption preceding section 16, as so appearing, and inserting in place thereof the following caption:- EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. SECTION 24. Said section 16 of said chapter 6A, as so appearing, is hereby further amended by inserting before the word "human", in lines 2, 42 and 45, each time it appears, the following words:- health and. SECTION 25. Said chapter 6A is hereby further amended by striking out section 17C, as so appearing, and inserting in place thereof the following section-Section 17C. The division of industrial accidents and all other state agencies within said division are hereby declared to be within the department of labor and workforce development, but shall not be subject to the jurisdiction thereof. Nothing in this section shall be construed as conferring any power or imposing any duties upon the director of labor and workforce development with respect to the foregoing agencies except as expressly provided by law. SECTION 26. Section 17D of said chapter 6 A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "executive office of labor" and inserting in place thereof the following words:- department of labor and workforce development. Chap. 151 SECTION 27. Said section 17D of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 6, the words "secretary of labor" and inserting in place thereof the following words:- director of labor and workforce development. SECTION 28. Said chapter 6A is hereby further amended by striking out section 17E, as so appearing, and inserting in place thereof the following section-Section 17E. The division of the board of conciliation and arbitration, insofar as it includes subdivisions, boards, commissions, committees and sections subject to its direction and jurisdiction, is hereby declared to be within the department of labor and workforce development but shall, in no respect, be subject to the jurisdiction thereof. The joint labor-management committee, insofar as it includes subdivisions, boards, commissions, committees and sections subject to its direction and jurisdiction, is hereby declared to be within the department of labor and workforce development but shall, in no respect, be subject to the jurisdiction thereof. Nothing in this section shall be construed as conferring any powers or duties upon the director of labor and workforce development with respect to the foregoing agencies except as expressly provided by law. SECTION 29. Said chapter 6A is hereby amended by striking out section 18, as so appearing, and inserting in place thereof the following section-Section 18. The following state agencies are hereby declared to be within the executive office of public safety: the department of public safety; the department of fire services; the board of building regulations and standards; the registry of motor vehicles; the governor's highway safety bureau; the Massachusetts criminal justice training council; the criminal history systems board; the statewide emergency telecommunications board; the department of state police; the Massachusetts emergency management agency; the military department; the department of correction, including the parole board and all other agencies and boards within said departments, committees, boards and councils. SECTION 30. Section 18B of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "commissioner of the department of public safety" and inserting in place thereof the following words:- state fire marshal. SECTION 31. Sections thirty-one through seventy-seven, inclusive, of chapter 6A of the General Laws are hereby repealed. SECTION 32. Chapter six B of the General Laws is hereby repealed. SECTION 33. Section 3B of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word "education", in line 42, the following words:- , any fees or charges relative to the forests, parks or other natural resources within the scope of the responsibility of the department of environmental management, pursuant to section one of chapter twenty-one. SECTION 34. Said chapter 7 is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section-Section 4. The governor shall appoint a commissioner of administration who shall also serve as the secretary of administration and finance, and shall have the rank of secretary Chap. 151 for all purposes. He shall serve at the pleasure of the governor, shall receive such salary as the governor may determine and shall devote his full time to the duties of his office. Except in the cases of the agencies named in section four G, he shall be responsible for the exercise of all powers and the performance of all duties assigned by law to the executive office for administration and finance or to any division, bureau or other administrative unit or agency under said office. He shall be the executive and administrative head of said office and every division, bureau, section and other administrative unit and agency within said office other than the agencies named in section four G shall be under his direction, control and supervision. The commissioner shall act as the executive officer of the governor, in all matters pertaining to the financial, administrative, planning, and policy coordinating functions and affairs of the departments, commissions, offices, boards, divisions, institutions and other agencies within the executive department. He shall inquire into the business affairs of the commonwealth and the laws governing the same; shall supervise program planning and the coordination of the activities and programs of the commonwealth in its dealings with the federal government; shall review and report to the governor and the general court on all proposed legislation affecting the organization, structure, efficiency and administrative functions, services, procedures and practices of the departments, commissions, offices, boards, divisions institutions and other agencies, or any of them, under the executive department; shall conduct studies of the operations of said agencies with a view to effecting improvements in administrative organization, procedures, and practices and to promote economy, efficiency and the avoidance of useless labor and expenses in the said agencies; shall, subject to the approval of the governor, make such rules, regulations and orders as he deems appropriate to regulate and govern the manner and method of the distribution and disposition of audit reports from the department of the state auditor and the house and senate committees on post audit and oversight to all public agencies which are the subjects of such audit reports and shall have such other powers and duties as shall be assigned to him by law and which may from time to time be assigned to him by the governor in accordance with law. SECTION 35. Said chapter 7 is hereby further amended by striking out section 4A, as so appearing, and inserting in place thereof the following section:- Section 4A. The executive office for administration and finance shall include a division of capital planning and operations, which shall be headed by a commissioner as provided in section thirty-nine B, and a department of revenue as provided in chapter fourteen. In addition, the executive office for administration and finance shall include the following divisions: human resources, information technology, fiscal affairs and operational services, which divisions shall develop policy and standards to govern the conduct of commonwealth secretariats, departments, agencies, boards and commissions in each of these areas, and shall provide expertise and centralized processing to said secretariats, departments, agencies, boards, commissions and other entities of state government. Chap. 151 (a) The operational services division shall be headed by a state purchasing agent who shall also serve as assistant secretary for operational services. He shall be appointed by the secretary with the approval of the governor. The state purchasing agent shall give bond to the state treasurer in a sum fixed by the governor for the faithful performance of his duties and for the rendering of a proper account of all money entrusted to him for the use of the commonwealth. The purchasing agent may establish within the division such bureaus and other units as are deemed necessary from time to time by the commissioner of administration for the purpose of carrying out the functions of the division. Such functions shall include, but not be limited to, the management of the acquisition of all goods, supplies, equipment, services and real property leases, excepting the acquisition of such goods, supplies, equipment, services and real property leases as otherwise provided for in any general or special law or in any administrative rule or regulation promulgated by the commissioner of administration, the provision of assistance and advice for such acquisitions, the administration of the state and federal surplus property programs, the administration of the collective purchasing program for the political subdivisions of the commonwealth, the administration and management of reproduction facilities, the management of state acquired vehicles including the use and maintenance thereof and such other functions as the purchasing agent, with the approval of the secretary, may from time to time deem necessary for the efficient and economical administration of the work of said division. Within the division of operational services shall be the bureau of state office buildings and the state house library. (b) The human resources division shall he headed by a personnel administrator who shall also serve as assistant secretary for human resources. He shall be appointed by the secretary with the approval of the governor. Such personnel administrator shall be a person familiar with the principles and experienced in the methods and practices of personnel administration. The personnel administrator shall serve for a term of four years, which term shall end on June thirtieth of the first year of the term of the governor, except that he may be removed by the secretary, with the prior approval of the governor. A person so appointed shall serve until the qualification of his successor; provided, however, that in the case of a person appointed to fill a vacancy occurring during the prescribed term by reason of death, resignation or otherwise, the term of the successor in said office shall end on the next succeeding June thirtieth of the first year of the term of the governor. Within the human resources division shall also be the state office of affirmative action, the office of employee relations, and the office of dispute resolution. (c) The fiscal affairs division shall be headed by a budget director who shall also serve as assistant secretary for fiscal policy. The budget director shall be appointed by the secretary, with the approval of the governor and may be removed for cause in like manner. He shall be a person of ability and experience and shall devote his entire time to the duties of his office. The budget director may establish, with the approval of the secretary, such administrative units in the fiscal affairs division as he deems appropriate. The budget director, as head of the fiscal affairs division, shall prepare and maintain financial plans and, Chap. 151 under the general direction of and on behalf of the governor, shall prepare operating budget recommendations for all departments, offices, commissions and institutions which receive periodic appropriations from the commonwealth. Such plans and recommendations shall be prepared according to the requirements of chapter twenty-nine. Subject to the approval of the secretary, the budget director shall design and install, and may revise from time to time, a financial planning and budgeting system, including the requisite forms, procedures, information, computer software and such other attributes as he may deem necessary. (d) The information technology division shall be headed by the chief information officer who shall also serve as assistant secretary for information technology. He shall be appointed by the secretary. The chief information officer shall carry out such functions as the commissioner may from time to time deem necessary for the efficient and economical administration of information technology systems within the executive departments including, but not limited to, setting information technology standards, reviewing and approving secretariat and department information technology strategic plans, reviewing and approving the planning, design, acquisition and operation of information technology systems, assessing the performance of information technology systems and operations, managing central information technology systems, and managing the commonwealth's mailing operations. He may establish such bureaus, offices and other functional units within the division as he may deem appropriate. Except in the case of agencies named in section four G, the secretary may also from time to time establish within the executive office for administration and finance such other bureaus, sections and other administrative units not otherwise established by law as may be necessary for the efficient and economical administration of the work of said office and, when necessary for such purpose, he may abolish any bureau, section or other unit or he may merge any two or more of them. He shall prepare and keep current a general statement of the organization of said office and of the assignment of functions to its various administrative units, officials and employees. Such statement shall be known as the Description of Organization of said office and shall be kept on file in said office. A copy shall be kept on file in the office of the governor. SECTION 36. Section 4L of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "There is hereby established in the executive office of administration and finance a state agency for surplus property," and inserting in place thereof the following words:- The operational services division is hereby. SECTION 37. Section 43C of said chapter 7, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "secretary of educational affairs" and inserting in place thereof the following words:- board of higher education. SECTION 38. Chapter 10 of the General Laws is hereby further amended by inserting after section 28A the following section-Section 28B. The commission shall, on a monthly basis, transmit to the department of transitional assistance and to the IV-D agency, as set forth in chapter one hundred and nineteen A, a list of all persons who were the holders of any winning ticket in excess of six hundred dollars in the prior month. The information shall be provided in a format which is Chap. 151 compatible with the automated data processing systems of said departments, to ensure the immediate identification of persons who may be receiving public assistance benefits. The information provided shall include the name, address and social security number of the holder of the winning ticket. SECTION 39. The General Laws are hereby amended by inserting after chapter 14 the following chapter:- CHAPTER 14 A. OFFICE OF LABOR, EDUCATION AND ECONOMIC DEVELOPMENT. Section 1. There shall be within the executive department, an office of labor, education and economic development, hereinafter referred to as the office. Within said office there shall be a department of education which shall be under the supervision and control of a board of education, as established by chapter fifteen; the system of public institutions of higher education which shall be coordinated by a board of higher education, as provided by chapter fifteen A; a department of labor and workforce development, as established by chapter twenty-three; a department of economic development, as established by chapter twenty-three A; and an office of consumer affairs and business regulation, as established by chapter twenty-four A. Section 2. It is hereby declared to be the policy of the commonwealth to provide, foster and support an integrated and coordinated system of education, workforce training and worker protection and job development which shall be responsive to the academic, vocational and economic needs of the commonwealth and its citizens. The office of labor, education and economic development shall be responsible for fostering communication among the departments, boards and divisions within said office so as to fulfill said policy. Section 3. There shall be in the office a coordinating council which shall consist of the lieutenant governor, or his designee, who shall be the chair of the coordinating council, the chair of the board of education or his designee, the chair of the board of higher education or his designee, the chair of the Massjobs council or his designee, the director of the department of labor and workforce development, the director of the department of economic development, the director of the department of consumer affairs and business regulation, the chair of the board of library commissioners, or its designee, and the executive director of the Massachusetts corporation for educational telecommunication. The coordinating council shall have the responsibility to foster communication, cooperation and coordination among the departments, boards and divisions within the office and among agencies represented on the council so as to advance the coordination mission of the office. The duties and responsibilities of the coordinating council shall include the following: (1) to study and report on issues common to all levels of state-supported education, job training, workforce protection and development, and economic development; (2) to serve as a forum for discussion between the lay boards responsible for overseeing public education; (3) to serve as a forum for discussion of general education, job training and job retention goals for the commonwealth; Chap. 151 (4) to serve as a forum for developing goals for a coordinated system of education from early childhood through higher education and vocational education, ongoing job training to maintain a highly skilled workforce and mechanisms for preserving and protecting existing employment opportunities and workforce protections; (5) to encourage and facilitate partnerships among public early childhood, elementary, secondary and vocational-technical schools with institutions of higher learning; and (6) to encourage and facilitate partnerships among schools, training programs and businesses to improve the delivery of educational and training services. The coordinating council shall meet at least once a month and may establish subcommittees of the full council when it determines such subcommittees may better enable it to accomplish its goals. The coordinating council shall not exercise any control or authority over the activities, regulations, rules or policies of the departments, boards or divisions within the office. Nothing in this section shall be construed to grant the council any authority otherwise vested in the boards, departments or divisions within the office. The coordinating council shall select from among its members a secretary who shall submit quarterly and annual reports to the governor and to the senate and house committees on ways and means which shall describe in detail all activities of the coordinating council which are designed to improve the coordination between, to eliminate duplication of efforts within, and to improve the quality of services provided by the boards, departments and agencies within the office of labor, education and economic development and the agencies represented on the council. SECTION 40. The first paragraph of section IE of chapter 15 of the General Laws, as amended by section 3 of chapter 45 of the acts of 1996, is hereby amended by striking out the first three sentences and inserting in place thereof the following two sentences:- There shall be in the department a board of education, in this section and in sections one F and one G called the board, which shall consist of the chairman of the student advisory council established under this section, the chancellor of higher education, one representative of a labor organization selected by the governor from a list of three nominees provided by the Massachusetts State Labor Council, AFL-CIO; one representative of business or industry selected by the governor with a demonstrated commitment to education; and five additional members selected by the governor. In making such additional selections, the governor shall seek to appoint persons who are from geographically diverse regions of the commonwealth and who are familiar with the differing interests, perspectives and needs of urban, rural and suburban school districts. SECTION 41. Said section IE of said chapter 15, as appearing in the 1994 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- The board shall meet not fewer than ten times annually at the call of the chairman. SECTION 42. Section IF of said chapter 15, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The Chap. 151 commissioner shall receive a salary to be determined by the board. SECTION 43. The fourth paragraph of section 1 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The board of higher education, in this chapter called the board or the council, shall be responsible for defining the mission of and coordinating the state's system of higher education in accordance with the provisions of this chapter. SECTION 44. Said section 1 of said chapter 15 A, as so appearing, is hereby further amended by striking out, in line 36, the words "higher education coordinating council" and inserting in place thereof the following word:- board. SECTION 45. Said section 1 of said chapter 15 A, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words "The council shall, in its role as a participant on the state's committee on educational policy" and inserting in place thereof the following words:- The board shall, through participation in the coordinating council established by section three of chapter fourteen A. SECTION 46. Said chapter 15A is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:- Section 2. There shall be a director of education who shall be appointed by the governor and shall devote full time to the duties of the office. The director shall receive a salary as determined by the governor. The director shall advise the governor on matters relating to public education, shall endeavor to coordinate public education programs from early childhood through the university or college level by facilitating coordination and communication between the board of education and the board of higher education, and shall serve as an advocate for public support of public education. Nothing in this section shall be construed as conferring any powers upon the director with respect to the board of education, the department of education, or the board of higher education, provided, however, that the governor may appoint the director to be a member of the board of education, as established by section one E of chapter fifteen, and a member of the board of higher education, as established by section four. SECTION 47. The first paragraph of section 4 of said chapter 15 A, as so appearing, is hereby amended by striking out the first four sentences and inserting in place thereof the following three sentences:- The board of higher education shall be composed of eleven voting members appointed by the governor who shall reflect regional geographic representation, one of whom shall be a student currently enrolled in a state-funded institution of higher education. The commissioner of education shall serve as a nonvoting member. Of the appointed members, at least one shall be a representative of organized labor, at least one shall be a representative of the business community, at least one shall be appointed from among three former members of the boards of trustees of the state colleges nominated by the council of state colleges, at least one shall be appointed from among three former members of the boards of trustees of the community colleges nominated by the council of community colleges, and one shall be a member whom the governor shall choose from among no more than three full-time undergraduate students who shall be nominated and currently enrolled in a public institution as set forth in section five. Chap. 151 SECTION 48. Section 9 of said chapter 15 A, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "consistent with general goals that may be established by the committee on educational policy,". SECTION 49. Clause (f) of the first paragraph of said section 9 of said chapter 15A, as most recently amended by section 28 of chapter 38 of the acts of 1995, is hereby further amended by striking out the words ", as well as the general goals established by the committee on educational policy". SECTION 50. The last sentence of clause (i) of said first paragraph of said section 9 of said chapter 15A, as most recently amended by said section 28 of said chapter 38, is hereby further amended by striking out the words "the secretary and". SECTION 51. Clause (cc) of the first paragraph of said section 9 of said chapter 15A, as amended by said section 28 of said chapter 38, is hereby further amended by inserting after the third sentence the following sentence:- Monies received in repayment shall be retained by HEFA for the administration of the program without further appropriation. SECTION 52. Said chapter 15 A is hereby further amended by inserting after section 15D the following section:- Section 15E. It is hereby declared to be the policy of the commonwealth to encourage private fundraising by the state university and public colleges and to assist such fundraising through a matching program to be known as the public higher education endowment incentive program which shall not result in direct or indirect reductions in the commonwealth's appropriations to such institutions for operations or for capital support. Subject to appropriation, the commonwealth shall contribute funds to each institution's recognized foundation in an amount necessary to match private donations in the previous fiscal year to the institutions or a foundation's endowment based on the following matching formula. Subject to appropriation, the commonwealth's contribution shall be equal to one dollar for every two dollars, or one dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to the university's board of trustees or a foundation, provided that the maximum total contributions from the commonwealth shall be twenty-five million dollars; one dollar for every two dollars, or one dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state college's board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be two million five hundred thousand dollars for each institution; one dollar for every two dollars, or one dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college's board of trustees or foundation, provided that the maximum total contributions from the commonwealth shall be one million dollars for each institution. Private contributions to the endowment for purposes of this program shall be limited to donations to an endowment for academic purposes including, but not limited to, scholarships and endowed chairs. Chap. 151 Said program shall terminate for the university when its foundation has received twenty-five million dollars in appropriated matching funds according to the formula prescribed above, or on July first, two thousand and three, whichever is sooner. Said program shall terminate for any state college when its foundation has received two million five hundred thousand dollars in appropriated matching funds according to the formula prescribed above or on July first, two thousand and three, whichever is sooner. Said program shall terminate for any community college when its foundation has received one million dollars in appropriated matching funds according to the formula prescribed above or on July first, two thousand and three, whichever is sooner. For each institution the program shall be administered by its foundation, as defined in section thirty-seven, in accordance with procedures established by the board of trustees and filed with the house and senate committees on ways and means no later than January first, nineteen hundred and ninety-seven. Such procedures shall include a method for each board of trustees to certify to the house and senate committees on ways and means the amount received in private donations to the endowment in each fiscal year. Such procedures shall also include safeguards for protecting the anonymity of donors who indicate their desire not to be identified. SECTION 53. Section 19A of said chapter 15 A, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "secretary of education in accordance with guidelines promulgated by the higher education coordinating council" and inserting in place thereof the following words:- board of education in accordance with guidelines promulgated by the board of higher education. SECTION 54. Said section 19A of said chapter 15A, as so appearing, is hereby further amended by striking out, in line 39, the word "secretary" and inserting in place thereof the following words:- board of education. SECTION 55. Section 34 of said chapter 15 A, as so appearing, is hereby amended by striking out, in line 5, the word "may" and inserting in place thereof the following word:- shall. SECTION 56. Section 34 of said chapter 15 A, as so appearing, is hereby amended by striking out, in line 7, the words "higher education coordinating council" and inserting in place thereof the following words:- board of higher education. SECTION 57. Section 34 of said chapter 15A, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words "the secretary of education,". SECTION 58. Said section 34 of said chapter 15 A, as so appearing, is hereby further amended by striking out, in line 16, the word "ninety-three" and inserting in place thereof the following word:- ninety-nine. SECTION 59. Said chapter 15A is hereby further amended by striking out section 37, as so appearing, and inserting in place thereof the following section:- Section 37. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: Chap. 151 "Foundation", an organization which is (a) either (i) a corporation within the meaning of clause (c) of section two of chapter one hundred and eighty and subject to the provisions of said chapter one hundred and eighty, except as herein provided, or (ii) a public charitable trust constituted and operating as such and subject to the requirements of law governing such trusts, except as herein provided; (b) organized and operated exclusively for the benefit of an institution of public higher education; and (c) certified by the board of trustees of the institution which it supports to be operating in a manner consistent with the goals and policies of the institution. "Institution", a public college or university in the commonwealth. (b) A corporation or trust which is not certified as provided herein or whose certification has been revoked by the board of trustees of the institution which it supports, shall not use the name of such institution (i) for fundraising without written permission of the board of trustees of such institution, or (ii) in the name of such corporation or trust. (c) Each foundation shall have a governing board to oversee its operation. In no event shall institutional trustees and employees constitute one-half or more of the voting members of such foundation's governing board. The governing board of such foundation shall annually file a list of the members and officers of such board with the institution's board of trustees. (d) The board of trustees of an institution which a foundation supports is authorized to permit the use without compensation of facilities and personnel services of the institution by the foundation; provided, however, that in no event shall an employee of the institution spend more than twenty-five percent of his work hours engaged in services for a foundation. (e) All gifts from a foundation to an institution shall be approved for acceptance by the board of trustees in accordance with applicable institutional policies. A person soliciting funds or any other thing of value on behalf of a foundation from a person, firm, corporation or other entity shall, at the time of the solicitation, clearly and conspicuously disclose to the potential donor that the donations are to be provided to the foundation and not to an institution and that the donor may request in writing that the donor's identity not be publicly disclosed. (f) Each foundation shall provide an annual report of its financial accounts prepared in accordance with generally accepted accounting principles to the board of trustees of the institution which it supports. The board of trustees may require any supplemental data relative to the operations of the foundation. The identity of donors who wish to remain anonymous shall be protected and anonymity of such donors shall be maintained in all audit reports. The annual financial report when received by a board of trustees shall be considered a public record as defined in clause twenty-sixth of section seven of chapter four. (g) The state auditor shall have the authority, upon request by the institution or upon his own initiative, to audit transfers to or expenditures from foundation accounts of public funds, use of employees paid with public funds to staff the foundation and the existence of contracts or agreements between a foundation and an institution. Chap. 151 (h) A foundation certified by an institution's board of trustees under the provisions of this section shall not be deemed to be an agency, board, bureau, department, division, commission, authority or other subdivision of the commonwealth. Members of the governing boards of a foundation who are not already state employees shall not be considered to be state employees for the purposes of chapters two hundred and sixty-eight A and two hundred and sixty-eight B. SECTION 60. Paragraph (a) of subsection (2) of section 40 of said chapter 15 A, as so appearing, is hereby amended by adding the following sentence:- Professional employees not under the jurisdiction of the department of personnel administration classification system shall also be eligible to participate in the optional retirement program provided by this section. SECTION 61. Section 18A of chapter 18 of the General Laws, inserted by section 20 of chapter 5 of the acts of 1995, is hereby amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:- The IV-D agency shall determine whether an applicant or recipient has cooperated and is continuing to cooperate with the IV-D agency. An applicant or recipient shall be deemed to have cooperated if the applicant or recipient furnishes (1) a sworn statement setting forth all verifiable information known to, possessed by or reasonably obtainable by the applicant or recipient at the time of the submission of the statement about the noncustodial parent or, if more than one person may be the noncustodial parent, about each such person, and (2) a sworn statement setting forth an explanation for the lack of any such information. The verifiable information known to, possessed by or reasonably obtainable by the applicant or recipient, if any, shall include the name and social security number of the noncustodial parent or the name of the noncustodial parent and at least two of the following items for the noncustodial parent: date of birth; last known address; last known telephone number; name and address of last known employer; names of parents and the manufacturer, model and license number of any motor vehicle owned by the noncustodial parent. An applicant or recipient who knowingly provides false information to the IV-D agency shall be subject to prosecution for perjury and the department shall so inform each applicant or recipient prior to the submission of any sworn statement by the applicant or recipient. SECTION 62. Section 11 of chapter 18B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "therein", in line 4, the following words:- including, but not limited to, the development, in consultation with the regional advisory council and the area directors within the region, of an annual plan for the operation and development of a regional program. Such plan shall provide, as far as practicable, a comprehensive regional program in social services. SECTION 63. Said section 11 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "appropriation", in line 5, the following words:- and with the advice of the regional advisory board and the approval of the secretary of health and human services, in this chapter called the secretary. Chap. 151 SECTION 64. Section 13 of said chapter 18B, as so appearing, is hereby amended by striking out, in line 5, the word "commissioner" and inserting in place thereof the following words:- secretary of the executive office of health and human services, with the approval of the governor. SECTION 65. Said section 13 of said chapter 18B, as so appearing, is hereby further amended by striking out, in line 8, the word "four" and inserting in place thereof the following word:- six. SECTION 66. Said section 13 of said chapter 18B, as so appearing, is hereby further amended by striking out, in line 9, the word "Three" and inserting in place thereof the following word:- Not more than two. SECTION 67. Said section 13 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "skills", in line 18, the following words:-, one member of said board at the time of appointment shall be a social worker from the area office elected by a majority of the social workers in such office. SECTION 68. Said section 13 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "member", in line 26, the following words:- , except the one social worker elected by the area office,. SECTION 69. Said section 13 of said chapter 18B, as so appearing, is hereby further amended by striking out, in lines 30, 34, 38 and 40 and 41, each time it appears, the word "commissioner" and inserting in place thereof, in each instance, the following word:- secretary. SECTION 70. Section 14 of said chapter 18B, as so appearing, is hereby amended by striking out in lines 2, 7, 8 and 9 and 11, each time it appears, the word "commissioner" and inserting in place thereof, in each instance, the following word:- secretary. SECTION 71. Said section 14 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "in", in line 4, the following words:- and knowledgeable about. SECTION 72. Said section 14 of said chapter 18B, as so appearing, is hereby further amended by striking out the last sentence. SECTION 73. Section 15 of said chapter 18B, as so appearing, is hereby amended by inserting after the word "commissioner", in line 7, the following words:- with the approval of the secretary. SECTION 74. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "director", in line 8, the following words:- for a period not to exceed three months. SECTION 75. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "commissioner", in line 15, the following words:- and area director. SECTION 76. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by inserting after the word "policies", in line 16, the following words:- within the area. Chap. 151 SECTION 77. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by striking out, in line 24, the words "four regular meetings in each year" and inserting in place thereof the following words:- one regular meeting per month. SECTION 78. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by striking out, in lines 26 and 27, the words "The area director shall be notified of, and may participate in, all meetings, but shall not vote" and inserting in place thereof the following words:- The area director shall be notified of and may attend all meetings, and shall attend at least the first regular meeting of each quarter, but shall not vote. The president of the board shall report to the commissioner and the secretary any failure of the area director to attend such regular meetings without good cause. SECTION 79. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by striking out, in line 32, the words "for approval" and inserting in place thereof the following words:- and the area director for their information. SECTION 80. Said section 15 of said chapter 18B, as so appearing, is hereby further amended by adding the following paragraph:- A member of the area board selected by the president of the board shall be a full and equal member of any search committee established by the department in connection with the selection of an area director. If no search committee is created, the commissioner shall, before appointing an area director, meet with the area board, provide the board with information concerning the candidates and their qualifications and provide the board with a reasonable opportunity to meet with the candidates of its choice and to make timely recommendations to the commissioner concerning the appointment. At the time of submission of the name of the selected candidate to the secretary for approval, the commissioner shall notify the members of the board of the selection. Before approving the appointment, the secretary shall review any written comments of the area board which are submitted to the secretary within five days of the commissioner's submission of the selected candidate to the secretary. SECTION 81. Said chapter 18B, as so appearing, is hereby further amended by inserting after section 15 the following section:- Section 15 A. There shall be in each region established pursuant to section three of this chapter a regional advisory council, the members of which shall be two members from each area advisory board within the region selected by a majority of the members of each area advisory board. The regional advisory boards shall have the following powers and duties: (a) to act as the representative of the citizens of the region; (b) to advise regarding the regional needs and resources in the development of comprehensive social services; (c) to advise in the recruitment and selection of the regional director to be appointed by the commissioner, with the approval of the secretary of human services, as provided in section eleven; Chap. 151 (d) to review and approve the annual regional plan and to make recommendations concerning the annual budget for the comprehensive social services of the region; (e) to review and submit comments concerning arrangements and contracts for programs and services which are part of the program of the region; (f) to consult with the commissioner and the regional director in personnel recruitment and appointment policies for the region, in the establishment of program priorities for the region, and in policies regarding relationships with other agencies and organizations; (g) to receive funds under contracts or other agreements from community sources, including municipalities and counties, as authorized for rendering of services in collaboration with such municipal, county or other community or private agencies providing cooperative or complementary services; (h) to discuss any matters concerning the regional program; (i) to hold at least one regular meeting in each quarter of each year and to convene special meetings called by the president or ten members of the council or the regional director. The regional director shall be notified of and may attend all meetings and shall attend all regular meetings, but shall not vote. The president of the council shall report to the commissioner and the secretary any failure of the regional director to attend such regular meetings without good cause; (j) to select from their members annually a president and such other officers as they deem appropriate. The regional councils shall adopt rules for their proper organization and for procedures at meetings. Such rules and any subsequent amendments thereto shall be submitted to the commissioner and the regional director for their information. A member of the regional advisory council shall be a full and equal member of any search committee established by the department in connection with the selection of a regional director. If no search committee is created, the commissioner shall, before appointing a regional director, meet with the regional advisory council, provide the council with information concerning the candidates and their qualifications and provide the council with a reasonable opportunity to meet with the candidates of its choice and to make timely recommendations to the commissioner concerning the appointment. At the time of submission of the name of the selected candidate to the secretary for approval, the commissioner shall notify the council of the selection. Before approving the appointment, the secretary shall review any written comments of the regional advisory council which are submitted to the secretary within five days of the commissioner's submission of the selected candidate to the secretary. SECTION 82. Chapter 19C of the General Laws is hereby amended by striking out section 2, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:- Section 2. There is hereby established a commission for the protection of disabled persons, to be known as the disabled persons protection commission. The purpose of the commission shall be to provide for the investigation and remediation of instances of abuse of disabled persons in the commonwealth. The commission shall consist of three members Chap. 151 to be appointed by the governor, one of whom he shall designate as chairman. Members of the commission shall serve for terms of no more than five years. No person shall be appointed to more than one full five-year term on the commission. The term of any commissioner shall not be coterminous with that of another. Members of the commission may be removed by the governor for gross misconduct, substantial neglect of duty, inability to discharge the powers and duties of office, or conviction of a felony. Any vacancy occurring on the commission shall be filled within ninety days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member he succeeds, and shall be eligible for appointment to one full five-year term. Any member whose term has expired shall continue to serve until such member's successor has been duly appointed and qualified. Members of the commission shall be compensated for work performed for the commission at such rate as the secretary of administration and finance shall determine and shall be reimbursed for their expenses. The commission shall annually report to the general court and the governor concerning the action it has taken; the names and salaries and duties of all individuals in its employ and the money it has disbursed; and shall make such further reports on matters within its jurisdiction as may appear necessary. Subject to the provisions of clause (a) of section three, the commission shall employ an executive director and a general counsel. The executive director shall be responsible for the administrative operation of the commission and shall perform such other tasks as the commission shall determine. The general counsel shall be the chief legal officer of the commission. SECTION 83. Section 38 of chapter 21 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- The commissioner shall also provide training and technical assistance to municipalities and other public entities in the implementation and administration of title 5 of 310 CMR 15.00 and in the development, implementation and administration of other wastewater management and water resource protection programs, including providing funding for the transfer of related technologies such as, but not limited to, computers, software and alternative wastewater treatment systems, and shall require as a condition of receipt of such training and technical assistance that municipalities and other public entities, including the local boards of health, provide advice and other reasonable assistance to homeowners in their efforts to conform with the provisions of said title 5 and to minimize the financial impact of such compliance. SECTION 84. Section 18A of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:- (c) All receipts shall be deposited in the Safe Drinking Water Act Fund established pursuant to section two P'/i of chapter twenty-nine, and used solely for the purposes set forth therein; provided, however, that receipts shall be used solely for administering said act and furthering its purposes. Any unexpended balance may be used to defray the amount of the assessment in future fiscal years. Regulations establishing the assessment pursuant to this section shall not be in effect in any fiscal year in which the department fails to provide from Chap. 151 state funds, other than those collected under the terms of this section, a match of seventy-five percent of the amount of the federal grant attributable to the implementation of the act. SECTION 85. Section 1 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 86. The first paragraph of section 8 of said chapter 2 U, as amended by section 42 of chapter 38 of the acts of 1995, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The board shall be comprised of the following members: the state fire marshal, or his designee, who shall serve as chairman; the commissioner of the department of environmental protection, or his designee; and seven members to be appointed by the governor who are knowledgeable in the remediation and prevention of problems resulting from the operation of underground storage tanks and tank systems, one of whom shall be a representative of the Massachusetts Petroleum Council; one of whom shall be a representative of the Independent Oilmen's Association of New England; one of whom shall be a representative of the Bay State Gasoline Retailers Association; one of whom shall be a representative of an insurance institution or organization; one of whom shall be a representative of a financial institution or organization; and one of whom shall be a representative from a statewide environmental public interest organization. SECTION 87. The first paragraph of said section 8 of said chapter 21J, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words "and no such member shall be eligible to serve for more than two terms". SECTION 88. Section 3 of chapter 22 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- There shall be in the department a division of inspection as established by section four A, under the charge of a director to be known as the chief of inspections. SECTION 89. Section four of said chapter twenty-two is hereby repealed. SECTION 90. Section 6 of said chapter 22, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 7, 8 and 9, the words "like those requiring members of the state police to be of a certain height and weight". SECTION 91. Said section 6 of said chapter 22, as so appearing, is hereby further amended by striking out the last paragraph. SECTION 92. Section fourteen of said chapter twenty-two is hereby repealed. SECTION 93. Section fifteen of said chapter twenty-two is hereby repealed. SECTION 94. Section fifteen A of said chapter twenty-two, inserted by section sixty-seven of chapter two hundred and eighty-six of the acts of nineteen hundred and ninety-two, is hereby repealed. SECTION 95. Section 1 of chapter 22A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the definition of "Commissioner" and "Department" and inserting in place thereof the following definition:- Chap. 151 "Director", the executive director of the criminal history systems board. SECTION 96. Said section 1 of said chapter 22 A, as so appearing, is hereby further amended by inserting before the definition of "Central register" the following definition:- "Board", the criminal history systems board. SECTION 97. Section 2 of said chapter 22A, as so appearing, is hereby amended by striking out, in line 1, the word "commissioner" and inserting in place thereof the following words:- director in consultation with the colonel of state police. SECTION 98. Said section 2 of said chapter 22 A, as so appearing, is hereby further amended by striking out, in line 4, the word "department" and inserting in place thereof the SECTION 99. Section 3 of said chapter 22A, as so appearing, is hereby amended by striking out, in line 1, the word "commissioner" and inserting in place thereof the following words:- director with the advice and consent of the colonel of state police. SECTION 100. Said section 3 of said chapter 22A, as so appearing, is hereby further amended by striking out, in line 10, the word "department" and inserting in place thereof the following word:- board. SECTION 101. Section 4 of said chapter 22A, as so appearing, is hereby amended by striking out, in line 9, the word "commissioner" and inserting in place thereof the following words:- colonel of state police. SECTION 102. Section 5 of said chapter 22A, as so appearing, is hereby amended by inserting after the word "department", in lines 1 and 2, the following words:- of the state police. SECTION 103. Said section 5 of said chapter 22A, as so appearing, is hereby further amended by inserting after the word "department", in line 10, the following words:- of the state police. SECTION 104. Said section 5 of said chapter 22A, as so appearing, is hereby further amended by inserting after the word "department", in line 14, the following words:- of the state police. SECTION 105. Said section 5 of said chapter 22A, as so appearing, is hereby further amended by inserting after the word "department", in line 16, the following words:- of the state police. SECTION 106. Said section 5 of said chapter 22A, as so appearing, is hereby further amended by inserting after the word "department", in line 17, the following words:- of the state police. SECTION 107. Said section 5 of said chapter 22A, as so appearing, is hereby further amended by inserting after the word "department", in line 21, the following words:- of the state police. SECTION 108. Section 6 of said chapter 22A, so as appearing, is hereby amended by inserting after the word "department", in lines 6 and 8, each time it appears, the following words:- of the state police. Chap. 151 SECTION 109. The General Laws are hereby amended by inserting after chapter 22C the following chapter:- CHAPTER 22D. DEPARTMENT OF FIRE SERVICES. Section 1. There shall be within the executive office of public safety a department of fire services under the supervision and control of a state fire marshal. Section 2. The state fire marshal shall be the executive and administrative head of the department. There shall be within the department, a division of training, including the Massachusetts fire training council, established by section one hundred and sixty-four of chapter six, the Massachusetts firefighting academy, established by section one hundred and sixty-five A of said chapter six; a division of underground storage tanks, including the Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board as established by chapter twenty-one J; a division of fire safety under the charge of a director to be known as the director of fire safety; and a division of hazardous materials under the charge of a director to be known as the director of hazardous materials, the director of hazardous materials shall administer the regional hazardous material response teams. Section 3. The state fire marshal, or his successor, shall be appointed by the Massachusetts fire service commission, established in section one hundred and sixty-five B of chapter six and shall serve at the pleasure of said commission. The position of state fire marshal shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and the state fire marshal shall devote his full time during business hours to the duties of his office. Section 4. There shall be in the department, but not under the control of the state fire marshal except as provided under rules and regulations promulgated pursuant to the provisions of section ten of chapter one hundred and forty-eight, a board to be known as the board of fire prevention regulations, which shall consist of the state fire marshal, ex-officio, who may designate from time to time a person serving in the department to act temporarily as a member of such board, with the same powers and duties as other members of said board and thirteen members to be appointed by the governor, for terms of six years each. Three of the members shall be the head of a fire department, as such term is defined in section one of chapter one hundred and forty-eight, one of whom shall be from a community with a population of less than twenty-five thousand, one of whom shall be from a community with a population of more than twenty-five thousand but less than fifty thousand, and one of whom shall be from a community with a population in excess of fifty thousand; provided, however, that the Fire Chiefs' Association of Massachusetts may recommend to the governor such heads of fire departments for such membership. The remaining ten members shall be appointed as follows: one shall be a member of the Massachusetts Fire Prevention Association, one shall be registered professional fire protection engineer as provided in chapter one hundred and twelve, one shall be a registered professional chemical engineer as provided in chapter one hundred and twelve, one shall be a registered professional mechanical engineer as provided in chapter one hundred and twelve, one shall be a registered Chap. 151 professional electrical engineer as provided in chapter one hundred and twelve, one shall be a person representative of the public, one shall be a graduate chemist with fire testing experience and a full member of a national organization of chemists, one shall be an inspector of wires who holds an electrician's license under chapter one hundred and forty-one and has been an inspector of wires under the provisions of chapter one hundred and sixty-six for a period of not less than ten years, one shall be a representative of a national, regional or state association of the blasting industry who shall have been actively engaged for a period of not less than ten years in the keeping, storage, use, handling or transportation of explosives and one shall be an electrical contractor who has held a master electrician's license under chapter one hundred and forty-one for a period of not less than ten years. The governor shall from time to time designate one member of said board as chairman. Such chairman shall act as a nonvoting member of said board, except in the case of a tie vote. Said board, subject to the provisions of chapter thirty A, shall promulgate a comprehensive fire safety code. No member shall act as a member of the board or vote as such, in connection with any matter as to which his private right, distinct from the public interest, is immediately concerned. The majority of said board may transact business but a lesser number may adjourn from time to time. The fire marshal and the heads of fire departments shall receive no compensation for their service as members of the board but shall receive from the commonwealth all expenses necessarily incurred by them in connection with their official duties. All other members of said board shall each be paid thirty-one dollars and twenty-five cents for each day while in the actual performance of his duties as such member but such pay shall not exceed twelve hundred and fifty dollars in any fiscal year for each member and shall also receive from the commonwealth all expenses necessarily incurred by him in connection with his official duties as such member. The board may, subject to appropriation and with the approval of the state fire marshal, employ an executive secretary who shall not be subject to the provisions of chapter thirty-one and may employ such clerical, technical and other assistants as may be required by said board. SECTION 110. Chapter 23 of the General Laws is hereby amended by striking out the title, as appearing in the 1994 Official Edition, and inserting in place thereof the following title:- DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT. SECTION 111. Said chapter 23 is hereby further amended by striking out sections 1 and 2, as so appearing, and inserting in place thereof the following two sections:- Section 1. (a) Within the office of labor, education and economic development, there shall be a department of labor and workforce development, in this chapter called the department. Subject to appropriation, the department shall be provided with such offices in Boston and elsewhere in the commonwealth as may be approved by the governor and may Chap. 151 expend sums for the travel expenses of its officers and employees incurred in the performance of their duties and for other necessary expenses of said department. Said department may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the department in the discharge of its duties. (b) Within the department, there shall be a division of industrial accidents, as established and empowered by section seventeen C of chapter six A and chapter twenty-three E; the labor relations commission, as established and empowered by section seventeen D of chapter six A, sections nine O to nine R, inclusive, of chapter twenty-three and by chapter one hundred and fifty A; the board of conciliation and arbitration, as established and empowered by section seventeen E of chapter six A, chapter twenty-three C and chapter one hundred and fifty; and the joint-labor management committee, as established and empowered by section seventeen E of chapter six A and sections four A and four B of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three. In addition, the duties of the department shall include, and the department shall have authority and responsibility over, the administration and enforcement of sections three, five, nine H and eleven A; the provisions of chapter one hundred and eleven F; the provisions of chapter one hundred and fifty-one A; the provisions of chapter one hundred and forty-nine and one hundred and fifty-one; and the provisions of subsections (b), (c), (e) and (f) of section one hundred ninety-seven B of chapter one hundred and eleven; provided, however, that, notwithstanding any general or special law to the contrary, the attorney general shall have exclusive authority to conduct field investigations, inspections and prosecutions with respect to, and otherwise to enforce, said chapters one hundred and forty-nine and one hundred and fifty-one, all regulations of the department thereunder, and all other laws pertaining to wages, hours and working conditions, child labor and workplace safety and fair competition for bidders on public construction, except the laws pertaining to lead and asbestos hazards and workplace hygienic standards which the department shall enforce. Notwithstanding any other provisions of this paragraph, the division of industrial accidents, the labor relations commission, the joint-labor management committee, and the board of conciliation and arbitration shall not be subject to the jurisdiction of the office of labor, education and economic development or the department of labor and workforce development, except to the extent of compliance with reasonable requests from the coordinating council established by chapter fourteen A for the sharing of information which do not interfere with the efficient and independent functioning of said offices, divisions or agencies. Section 2. The department shall be under the supervision and control of a director of labor and workforce development, hereinafter referred to as the director, who shall be appointed by the governor for a term coterminous with that of the governor. The director may appoint a deputy director for each division within the department which is subject to the director's control. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term coterminous with that Chap. 151 of the governor. The director shall receive such salary as determined by the governor, provided that such salary is equivalent to the salaries received by the director of economic development and the director of consumer affairs and business regulation. The director, as well as all deputy directors, inspectors and other permanent or full-time employees of the department shall devote their full time during business hours to the duties of their office and shall not engage in other employment or business activities during such hours. In accordance with the provisions of chapter thirty A, and with the advice of the deputies of the various divisions within the department, the director may promulgate regulations with respect to the divisions under the department's control. SECTION 112. Section 3 of said chapter 23, as so appearing, is hereby amended by striking out the third, fourth, fifth and sixth sentences, and inserting in place thereof the following sentence:- The director shall organize those portions of the department which are subject to the director's control into the following divisions: a division of workforce development, which shall administer the provisions of section five; a division of employment and training, which shall administer and enforce the provisions of chapter one hundred and fifty-one A; a division of labor market information, which shall administer the provisions of section six; a division of occupational safety, which shall administer section eleven A and the department's obligations under subsections (b), (c), (e) and (f) of section one hundred and ninety-seven B of chapter one hundred and eleven, the provisions of chapter one hundred and eleven F and the provisions of chapter one hundred and forty-nine relating to workplace safety and health; a division of apprenticeship, which shall administer sections eleven E to eleven L, inclusive; and such other divisions as the director deems necessary to administer and enforce the department's other obligations pursuant to section nine H and pursuant to chapters one hundred and forty-nine and one hundred and fifty-one. SECTION 113. Said chapter 23 is hereby further amended by striking out sections 4, 5 and 6, as so appearing, and inserting in place thereof the following three sections:- Section 4. (a) There shall be within the department, within the division of workforce development, a Massjobs council, hereinafter referred to as the council, which shall consist of the commissioner of education, the director of education, the director of tabor and workforce development, the deputy director of the division of workforce development, the deputy director of employment and training, and the secretary of the executive office of health and human services or his designee who shall have knowledge of the employment-related training programs administered by said executive office. The governor shall appoint fourteen additional members, including four from organized labor from among eight nominees of the Massachusetts state labor council, AFL-CIO, two educators from among four nominees selected jointly by the Massachusetts Teachers Association and the Massachusetts Federation of Teachers, six from business and industry, and two persons selected from the general public. Not more than seven of the fourteen persons so appointed shall be from the same political party. In making these appointments, the governor shall make reasonable efforts to include among the appointed members at least two chairs of regional employment boards, at least two training service providers and at least two persons Chap. 151 representing training recipients, to the extent consistent with the requirements of federal law. The members appointed by the governor shall serve for a term of three years. Upon expiration of the term of a member, a successor shall be reappointed for a three-year term. A member shall be eligible for reappointment. Vacancies shall be filled for the remainder of the unexpired term. The chair of the council shall be one of the members of the general public selected by majority vote of the members of the council. The director of the department of labor and workforce development, or his designee, shall serve as secretary to the council. The commissioner of transitional assistance and the commissioner of correction, or their designees, shall be notified of meetings of the council and may participate in such meetings on a nonvoting basis. (b) The council shall serve in an advisory capacity to the division of workforce development and make recommendations for the establishment of policies and procedures for coordinating and implementing, to the extent consistent with federal law, all state or federally funded employment-related training and education programs within the commonwealth, including, but not limited to, training and employment-related education programs sponsored by the Job Training Partnership, employment programs under the federal Wagner-Peyser Act, adult basic education programs, employment-related secondary education programs, state-sponsored technical skills training programs, employment-related community college programs, vocational educational programs, transitional assistance employment-related programs, unemployment benefit employment-related programs and all other job training, employment-related education and placement programs serving adults, youth and targeted groups. (c) The duties of the council shall be, subject to the approval of the governor, to recommend system-wide policies and performance goals with respect to employment-related training and education, recommend uniform policies, goals and delivery of information to all agencies administering training programs within the commonwealth, recommend structural and procedural changes in the delivery of training services, review industrial and occupational trends, recommend methods of reconciling diverse goals and priorities among the agencies which delivery training-related services, and to fulfill any other functions required of a state job training coordinated council pursuant to the Job Training Partnership Act. (d) Each member of the council not otherwise compensated by the commonwealth shall be reimbursed for transportation and other necessary expenses incurred in the performance of his duties. The council shall meet at least eight times annually. (e) There shall be a study committee of the Massjobs council, the members of which shall be the commissioner of education, the director of higher education, the director of labor and workforce development, the deputy director of the division of workforce development and the secretary of health and human services or the designee thereof who is a member of the Massjobs council. The study committee shall meet not less than four times per year and shall continuously study the feasibility and desirability of transferring into the division of workforce development additional employment-related training programs from the various Chap. 151 state and local agencies which administer training-related programs but which have not been consolidated under the division pursuant to section five including, but not limited to, the programs promoted, developed or coordinated by the commission on employment of people with disabilities, as established by section one hundred and five of chapter six, and the programs administered by the agencies and departments of the executive office of human and community services and the executive office of public safety. The study committee shall study and determine the feasibility and desirability of, and the resources needed to, consolidate existing training programs and to create one-stop career center offices on the state, local or regional level. The study committee shall provide comprehensive reports of the results of its analyses to the governor and the house and senate committees on ways and means not later than the thirty-first day of December of each year. Said reports shall contain the recommendations of the study committee for or against the transfer of additional training programs into the department of workforce training and shall include, but not be limited to, the committee's analysis of the relationship between such transfers and federal funding opportunities or requirements, the reasons for the recommendations and any proposed alternatives to strengthen, consolidate and increase the efficient delivery of employment-related training programs. Section 5. There shall be within the department of labor and workforce development a division of workforce development. The director, with the approval of the governor, shall appoint a deputy director of workforce development who shall serve as the secretary to the Massjobs council and who shall be the chief job training officer for the commonwealth. The position of deputy director shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The deputy director, as well as all permanent or full-time employees of the division, shall devote their full time during business hours to the duties of the office and shall not engage in other employment or business during such hours. The duties of the division of workforce development shall be to coordinate, oversee and administer the following training programs or offices: the Industrial Service Program, established by section two of chapter twenty-three D; the Tactical Training Initiative; the reemployment assistance program and services established and authorized by sections seventy-one A to seventy-one H, inclusive, of chapter one hundred and fifty-one A, the commission on employment of people with disabilities established by section one hundred and five of chapter six, local career center offices and the regional employment boards established pursuant to section one hundred and five of chapter one hundred and sixty-four of the acts of nineteen hundred and eighty-eight. The deputy director shall prepare for the consideration of the director proposed rules and regulations with regard to the training programs within the department's jurisdiction. Section 6. There shall be within the department a division of labor market information which shall be responsible for collecting and maintaining current labor market information including, but not limited to, regional-specific data concerning potential and actual emerging, mature and critical industries throughout the commonwealth. The division Chap. 151 shall provide to the director, to the Massjobs council, to the director of economic development and to the coordinating council of the office of labor, education and economic development, quarterly reports summarizing and evaluating such information. Such reports shall be public records. SECTION 114. Section 9H of said chapter 23, as so appearing, is hereby amended by striking out, in line 5, the words "secretary of labor" and inserting in place thereof the words:- director of labor and workforce development. SECTION 115. Sections nine I, ten D, ten E, ten F, twelve, thirteen and thirteen A of said chapter twenty-three are hereby repealed. SECTION 115A, Said chapter 23 is hereby amended by striking out the caption preceding section 10A. SECTION 116. Section 9J of said chapter 23, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 1, the word "commissioner" and inserting in place thereof the following words:- director, in consultation with the deputy director of the division of employment and training,. SECTION 117. Section 9 O of said chapter 23, as so appearing, is hereby amended by striking out, in line 1, the words "executive office of labor" and inserting in place thereof the following word:- department of labor and workforce development. SECTION 118. Said chapter 23 is hereby further amended by striking out section 1 IE, as so appearing, and inserting in place thereof the following section:- Section 1 IE. As used in this section and sections eleven F to eleven L, inclusive, "department" shall mean the department of labor and workforce development and "commissioner" shall mean the director of labor and workforce development. There shall be in the department an apprenticeship council which shall consist of nine members, one of whom shall be the deputy director of employment and training, one of whom shall be the deputy director of workforce development, one of whom shall be the chair of the Massjobs council, one of whom shall be a designee of the commissioner of education with expertise in the vocational education programs administered by the department of education, three of whom shall be persons appointed by the commissioner, with the approval of the governor, who, on account of previous vocation, employment, occupation or affiliation, can be classified as employers, and three of whom shall be representatives of employees who shall be appointed by the governor from a list often nominees submitted by the Massachusetts State Labor Council, AFL-CIO. Each member representing employers and employees shall be appointed for a term of three years. A member appointed to fill a vacancy occurring before the expiration of the term of his predecessor shall be appointed for the remainder of such term. Each member of the council not otherwise compensated by the commonwealth shall be reimbursed for transportation and other necessary expenses incurred in the performance of his duties. Said council shall not meet more than fifteen days in any year. Said council shall meet at least twice per year and at other times at the call of the commissioner, and shall aid the commissioner in formulating policies for the effective administration of sections eleven F to eleven L, inclusive. Said council shall suggest to the commissioner standards for apprenticeship agreements which in no case shall be lower than Chap. 151 those prescribed by said sections eleven F to eleven L, inclusive, and such rules and regulations as, in its opinion, are necessary to carry out the intent and purposes of said sections eleven F to eleven L, inclusive, and shall perform such other functions as the commissioner may direct. SECTION 119. Section 1 IF of said chapter 23, as so appearing, is hereby amended by inserting after the word "a", in line 2, the word "deputy". SECTION 120. Said chapter 23 is hereby further amended by striking out section UG, as so appearing, and inserting in place thereof the following section-Section 11G. The commissioner and the deputy director of apprenticeship, with the advice and guidance of the apprenticeship council, shall administer sections eleven E to eleven L, inclusive, and, with the approval of the apprenticeship council, may establish local and state joint apprenticeship committees, may set up and establish conditions and training standards for apprentice agreements, which conditions or standards shall in no case be lower than those prescribed by said sections eleven E to eleven L, inclusive, may act as secretary of the apprenticeship council and of each state joint apprenticeship committee, may approve, if in the commissioner's or deputy director's opinion such approval is in the best interest of the apprentice, an apprentice agreement which meets the standards established under said sections, may terminate or cancel an apprentice agreement in accordance with any provision of any such agreement; shall keep a record of apprentice agreements and their disposition; may issue certificates of completion of apprenticeship, shall cooperate with the state department of education and the local school authorities in regard to the education of apprentices in accordance with the standards established by the commissioner for the same trade or group of trades, may act in an advisory capacity with employers and employees in matters regarding schedule of operations, application of wage rates and working conditions for apprentices and may suggest the number of apprentices to be employed locally in the trade under apprentice agreements under said sections and shall perform such other duties as are necessary to carry out the intent of said sections eleven E to eleven L, inclusive, subject to the approval and directives of the commissioner and the deputy director of apprenticeship. SECTION 121. Chapter 23 A of the General Laws is hereby amended by striking out the title, as so appearing, and inserting in place thereof the following title:- DEPARTMENT OF ECONOMIC DEVELOPMENT. SECTION 122. Said chapter 23A is hereby further amended by striking out section 1, as so appearing, and inserting in place thereof the following section:- Section 1. (a) There shall be in the office of labor, education and economic development a department of economic development, hereinafter referred to as the department, which shall be under the supervision and control of a director of economic development, hereinafter referred to as the director. The director shall be appointed by the governor for a term coterminous with that of the governor and shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by Chap. 151 the governor for a term coterminous with that of the governor. The director shall devote his full time during business hours to the duties of his office. The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of law relative to the department and to each administrative unit thereof. The director shall receive such salary as the governor shall determine, provided that such salary is equivalent to the salary received by the director of labor and workforce development and the director of consumer affairs and business regulation. (b) There shall be within the department the Massachusetts office of business development hereinafter referred to as MOBD, and all other entities within said office, the office of travel and tourism, the office of film and video development, the office of science and technology, the office of international trade and investment, the office of minority and women business development and employment and all entities within said office, and the division of energy resources. MOBD shall be under the direct supervision and control of the director. SECTION 123. Section 13C of said chapter 23A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:- There shall be an advisory commission on travel and tourism to the director of economic development for the purpose of developing budget recommendations and marketing strategies for the promotion of travel and tourism to the commonwealth. The executive director of the office of travel and tourism shall convene the advisory commission quarterly. The advisory commission shall report its recommendations to the director of economic development not later than November first of each year. The advisory commission shall file its recommendations with the clerks of the senate and house of representatives not later than November first of each year. A chair shall be elected annually by the membership of the commission. The advisory commission shall have twenty-eight members; one representative of each of the following organizations: the Massachusetts Restaurant Association, the Massachusetts Lodging Association, the Massachusetts Camping Ground Association, the New England Bus Association, the Massachusetts Cultural Council and the Massachusetts Historical Commission; one representative of a professional sport franchise located in Massachusetts, two representatives of the Massachusetts Visitor Industry Council; the chairmen of the boards of directors or their designees of the thirteen regional tourism councils: the Berkshire Hills Visitors Bureau, Bristol County Convention and Visitors Bureau, Cape Cod Chamber of Commerce, Franklin County Chamber of Commerce, Greater Boston Convention and Visitors Bureau, Worcester County Convention and Visitors Bureau, Martha's Vineyard Chamber of Commerce, Greater Merrimack Valley Convention and Visitors Bureau, Mohawk Trail Association, North of Boston Convention and Visitors Bureau, Greater Springfield Convention and Visitors Bureau, Plymouth County Development Council, Inc., and Nantucket Island Chamber of Commerce, and the following, who shall not serve as chair: the executive director of the Massachusetts Office of Travel and Tourism, the executive director of the Massachusetts Convention Center Authority or Chap. 151 his designee, the executive director of Massport or his designee, the commissioner for the department of environmental management or his designee, and the designees of house and senate chairs of the joint committee on commerce and labor. SECTION 124. Chapter 23B of the General Laws, as so appearing, is hereby amended by striking out the title and inserting in place thereof the following title:- DIVISION OF HOUSING AND COMMUNITY DEVELOPMENT. SECTION 125. Said chapter 23B is hereby further amended by striking out sections 1 and 2, as so appearing, and inserting in place thereof the following two sections:- Section 1. There shall be in the department of economic development within the office of labor, education and economic development a division of housing and community development, hereinafter referred to as the division, which shall be under the supervision and control of a deputy director of housing and community development, hereinafter referred to as the deputy director. The division shall not be subject to the direct supervision or control of the director of economic development, except as otherwise provided in this section; provided, however, that the deputy director shall comply with all reasonable requests from the director for information and for participation in policy coordination activities within the department The deputy director shall be appointed by the governor foT a term coterminous with thai of the governor. The deputy director shall devote his full time during business hours to the duties of his office. In case of a vacancy in the office of deputy director, or in the deputy directors absence or disability, the governor shall designate an associate director to serve as deputy director until such vacancy is filled or until the absence or disability ceases and the associate director so designated shall have all the powers and duties of the deputy director. The deputy director shall be the executive and administrative head of the division and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof. Powers and duties given to any administrative unit of the division by any general or special law shall be exercised and discharged subject to the direction, control and supervision of the deputy director. The deputy director may authorize an officer of the division to exercise in his name any power, or to discharge in his name any duty, assigned to him by law and he may at any time revoke such authority. The position of deputy director of housing and community development shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. There shall be within the division the Massachusetts housing finance agency, the Massachusetts home mortgage finance agency, the Massachusetts housing partnership, the community economic development assistance corporation, the community development finance corporation, the manufactured homes commission, the commission on Indian affairs and the American and Canadian French Cultural Exchange Commission. The division shall provide general policy guidance for these public instrumentalities which shall not be otherwise subject to the supervision and control of the division. Section 2. There shall be in the division such subdivisions as the deputy director may establish for its efficient operation. Each subdivision shall be under the charge of an associate director who shall be appointed by the deputy director, with the approval of the director Chap. 151 of economic development, and who shall be subject to the direction, control and supervision of the deputy director. Each associate director shall be a person of skill and experience in the field of his appointment and shall be appointed and may be removed by the deputy director, with the approval of the director of economic development, and shall serve until so removed. The position of associate director shal] not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Each associate director shall devote his full time during business hours to the duties of his office. SECTION 126. Said chapter 23B is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following secfion:- Section 4. There shall be established within the division such bureaus as the deputy director shall from time to time deem necessary. All such bureaus shall be under the direction, control and supervision of the deputy director who may abolish or merge any such bureaus as he may deem advisable. The deputy director shall prepare and maintain on a current basis a general statement of the organization of the division, of the assignment of functions to its various administrative units, officers and employees and of the established places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the division's description of organization. A current copy of the description of organization shall be on file in the office of the state secretary and in the executive office for administration and finance. Each bureau, subject to appropriation, shall be under the charge of a bureau chief, who shall be a person of skill and experience in the field of his appointment. The position of bureau chief shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty and persons shall be appointed to and may be removed from such position by the deputy director, with the approval of the director and the governor. SECTION 127. Said chapter 23B of the General Laws is hereby further amended by inserting after section 24A the following section:- Section 24B. The division shall, subject to appropriation, operate a low-income sewer and water assistance program to provide assistance in paying the sewer and water bills of homeowners earning less than one hundred and fifty percent of the federal poverty level, as defined by the federal government. Said program may be administered in coordination with the Low-income Home Energy Assistance Act, 42 United States Code sections 8621 et seq., or any successor acts thereto, subject to the following provisions: (a) benefits under this program shall be made available in all communities in the commonwealth which are adversely affected, as determined by the division, by excess increases in sewer and water rates; (b) the benefit level provided to any individual household eligible under this program shall not be greater than twenty-five percent of the total annual water and sewer bill for the household; provided, that the division shall establish benefit rates and maximum benefits such that total benefits paid do not exceed the amount appropriated for this benefit; (c) households which receive benefits under this program shall not unreasonably refuse to cooperate with any demand-side water conservation programs which are provided at no expense to the household by any local agency or authority. Chap. 151 SECTION 128. Section 1 of chapter 23D of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "project", in line 4, the following words:- , or, as used in section twenty-four, an educational institution which has made application for a grant-in-aid as authorized by section twenty-four. SECTION 129. Said section 1 of said chapter 23D, as so appearing, is hereby further amended by inserting after the definition of "Business" the following definition:- "Business and industry", a private corporation, institution, firm or person or group or association of the same, concerned with commerce, trades, manufacturing or the provision of services within the commonwealth, or a public or nonprofit hospital licensed by the department of public health. SECTION 130. Said section 1 of said chapter 23D, as so appearing, is hereby further amended by inserting after the definition of "Director" the following definition:- "Educational institution", a public secondary or post-secondary institution, proprietary trade, business, vocational, technical, professional or correspondence school licensed by the department of education under the provision of chapters seventy-five C, seventy-five D, and ninety-three, or an independent nonprofit institution within the commonwealth authorized by law to provide a program of skills training or education beyond the secondary school level. SECTION 131. Said section 1 of said chapter 23D, as so appearing, is hereby further amended by inserting after the definition of "Employer" the following definition:- "Equipment", tangible personal property which will further the objectives of the supported program and for which a definite value and evidence in support thereof have been provided by the donor. SECTION 132. Said section 1 of said chapter 23D, as so appearing, is hereby further amended by inserting after the definition of "Financing agreement" the following two definitions:- "Financial support", any thing of value contributed by business and industry to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program as defined herein and which represents an addition to any financial support previously or customarily provided to such educational institutions by the donor, including, but not limited to: funds, equipment as provided in this chapter, facilities, faculty, and scholarships for matriculating students and trainees. "Grant-in-Aid," funding that is provided to an educational institution by the industrial service program for the development or significant expansion of a program as provided in this chapter. SECTION 133. Said section 1 of said chapter 23D, as so appearing, is hereby further amended by striking out the definition of "Program" and inserting in place thereof the following four definitions:- "Program" or "Program of skills training or education consistent with employment need", the industrial service program, or, as used in sections twenty-four and twenty-four A, a coordinated course of instruction which is designed to prepare individuals upon completion Chap. 151 for employment in a specific trade, occupation or profession. Such instruction may include: (a) classroom instruction; (b) classroom related field, shop, factory, office and laboratory work; and (c) entry level training, job upgrading, retraining and advance training. "Severe economic dislocation", a permanent discontinuance of operations or reduction in force by an employer or by a number of employers located within a city or town of the commonwealth, whether caused by economic conditions, natural catastrophe or otherwise, which results in the permanent loss of employment of seventy-five or more employees who are residents of the commonwealth. In the case of a public employer, severe economic dislocation shall include the loss of employment of fifty or more employees due to economic conditions resulting from the operation of chapter five hundred and eighty of the acts of nineteen hundred and eighty. "Targeted individuals", residents of the commonwealth who become unemployed as a result of a severe economic dislocation, and individuals receiving public assistance from the commonwealth, including recipients of aid to families with dependent children, and individuals between the ages of sixteen and twenty-one inclusive, who are unemployed and economically disadvantaged residents of urban areas of the commonwealth. "Technical assistance", professional and any other assistance provided by business and industry to an educational institution, which is reasonably calculated to support directly the development and expansion of a particular program as defined herein and which represents an addition to any technical assistance previously or customarily provided to such educational institutions by the donor. SECTION 134. Said chapter 23D is hereby further amended by inserting after said section 1 the following section:- Section 1 A. It is hereby found and declared that: There exists in the commonwealth a critical shortage of training and education programs necessary to meet the growing needs of business and industry for skilled employees and the corresponding needs of our people for opportunities for new or more rewarding employment. As a result of this shortage, business and industry is unable to obtain sufficient numbers of qualified employees for continued operation and expansion within the commonwealth, of our people, particularly those who are victims of economic dislocation, and those minority and economically disadvantaged groups, are denied significant and substantial employment opportunities. The loss of economic and employment activity from the commonwealth contributes to a decline in the tax base, leads to unemployment and underemployment of our people, causes an increase in welfare and unemployment costs, and constitutes a threat to the general welfare of the entire commonwealth. This shortage is occasioned by the inability of educational institutions to secure the resources necessary for the development and substantial expansion of programs of skills training and education which are consistent with employment need; Business and industry is the primary source of employment information, technical assistance and financial support required for such program development and expansion; Chap. 151 Business and industry supports educational institutions, through increased and more comprehensive relationships of cooperation and assistance, is necessary to enable educational institutions to meet the needs of business and industry for skilled employees and the needs of our people for new or more rewarding employment opportunities; Educational institutions are unable to attract sufficient support from business and industry within the limits of their existing resources and through the normal operation of the private enterprise system. It is an important function of government to increase opportunities for gainful employment, to assist in promoting a productive and expanding economy, to encourage the flow of business and industry support to educational institutions, and otherwise to improve the prosperity and general welfare of the inhabitants of the commonwealth. Therefore, it is found that it is in the public interest of the commonwealth to promote the prosperity and general welfare of its citizens, a public purpose for which public money may be expended, to encourage and facilitate the formation of comprehensive cooperative relationships between business and industry and educational institutions which provide for the development and significant expansion of programs of skills training and education consistent with employment needs, and to make interested individuals aware of the employment opportunities presented thereby. SECTION 135. Section 2 of said chapter 23D, as appearing in the 1994 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- A Massachusetts industrial service program shall be established in the division of workforce development, under the joint supervision of the deputy director thereof, the director of economic development, and the director of labor and workforce development. SECTION 136. Said section 2 of said chapter 23D, as so appearing, is hereby further amended by striking out, in line 5, the words "secretary of economic affairs and the secretary of labor" and inserting in place thereof the following words:- director of economic development, the director of labor and workforce development, and the deputy director of the division of workforce development. SECTION 137. Said section 2 of said chapter 23D, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words "two to six" and inserting in place thereof the following words:- two to seven, inclusive, and sections twenty-four to twenty-six. SECTION 138. Section 3 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 1 to 3, the words "secretary of the executive office of economic affairs and the secretary of the executive office of labor" and inserting in place thereof the following words:- director of economic development and the director of labor and workforce development. SECTION 139. Said section 3 of said chapter 23D, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words "secretary of labor and said secretary of economic affairs" and inserting in place thereof the following words:- director of economic development and the director of labor and workforce development. Chap. 151 SECTION 140. Said section 3 of said chapter 23D, as so appearing, is hereby further amended by striking out, in lines 19 to 21, the words "department of employment and training, the executive office of communities and development" and inserting in place thereof the following words:- division of workforce development and the division of housing and community development. SECTION 141. Section 4 of said chapter 23D, as so appearing, is hereby amended by inserting after the word "The", in line 1, the following words:- powers and. SECTION 142. Said section 4 of said chapter 23D, as so appearing, is hereby further amended by inserting after the word "inclusive", in line 38, following words:- ; (i) entering into agreements or transactions with any federal, state or municipal agency or other institutions; (j) accepting any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm or corporation, public and private, to be held, used or applied for any or all the purposes specified in this act, in accordance with the terms and conditions of any such grant. Receipt of each such donation or grant shall be detailed in the annual report of the corporation. Such report shall include the identity of the donor or lender, the nature of the transaction and any conditions attaching thereto; (k) collecting and disseminating to interested individuals, in cooperation with and through any agencies of federal, state and municipal government, information concerning areas of present and projected employment need, programs of skills training and education consistent therewith and any other relevant information; (1) providing grants-in-aid to educational institutions to encourage and facilitate the formation of comprehensive cooperative relationships with business and industry which secure for such institutions the information, technical assistance and financial support necessary for the development and significant expansion of programs of skills training and education consistent with employment need; (m) preparing, publishing and distributing, with or without charge as the director may determine, such technical studies, reports, bulletins and other materials as it deems appropriate; (n) organizing, conducting, sponsoring or cooperating in and assisting the conduct of special institutes, conferences, demonstrations, international education programs for students in kindergarten and at the primary and secondary levels, and studies which increase communications and cooperation among agencies of federal, state, and municipal government, and all interested institutions, persons, firms, or corporations, public or private concerned with business and industry, economic development, public assistance, employment, skills training and education; (o) establishing a technology extension service program to provide technical information service and technical assistance to existing Massachusetts companies, especially Chap. 151 manufacturers, in the following areas: (1) technology investment and modernization; (2) market identification and technology management; (3) materials usage and planning; (4) business management and maximization of the firms productivity; and (5) strategies for work force development and quality. The Bay State Center for Applied Technology located within the program shall conduct outreach to designated industrial sectors to select and encourage companies to seek the assistance of the technology extension service program. Said outreach shall be coordinated with the Massachusetts Small Business Development Center or local development offices. The technology extension service program shall be partially funded through a fee-for-service program, the cost of which to private-sector firms shall be determined by the following formula: (1) firms in Phase I of said program, a thirty percent share of the total costs; and (2) firms in Phase II of said program, a fifty percent share of the total costs. For the purposes of this clause, the term "Phase I" shall mean the first three visits to the technology extension service by a private sector firm and the term "Phase II" shall mean the fourth and subsequent visits to the technology extension service by a private sector firm; and (p) doing any and all things necessary or convenient to carry out the purposes of this chapter, to the extent consistent with law. SECTION 143. Section 8 of said chapter 23D, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the department of labor and workforce development, but not subject to its jurisdiction, an economic stabilization trust which shall be administered by the director of labor and workforce development and the director of economic development. SECTION 144. Section 9 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "secretary of the executive office of economic affairs, the secretary of the executive office of labor," and inserting in place thereof the following words:- director of economic development and director of labor and workforce development. SECTION 145. Section 10 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "secretary of economic affairs and the secretary of labor" and inserting in place thereof the following words:- director of the economic affairs and the director of labor and workforce development. SECTION 146. Said chapter 23D is hereby further amended by striking out section 24, as so appearing, and inserting in place thereof the following ten sections:- Section 24. The industrial service program may, subject to appropriation or from funds made available from any other public or private source and pursuant to rules and regulations adopted pursuant to section two, provide grants-in-aid to educational institutions, not in excess of two hundred thousand dollars per grant-in-aid; provided, however, that such grants-in-aid shall be used exclusively for programs which are consistent with the provisions of this chapter; and provided, further, that the program shall make a grant-in-aid to a particular educational institution only after: Chap. 151 (a) receipt of an application from the educational institution which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities and materials, a statement of the employment needs for the program and evidence in support thereof, a statement of the technical assistance and financial support for the program received or to be received from business and industry, and such other information as the board shall request; and (b) approval of the grant-in-aid by the director, provided that the director shall find, based upon the application submitted by the educational institution and such additional investigation as the staff of the program shall make, and incorporate in a written determination, that: (1) the program is within the scope of this chapter and may reasonably be expected to succeed and thereby increase employment within the commonwealth; (2) the grant-in-aid will only be used to cover the costs directly associated with the program; (3) the program involves an area of skills training and education concerning which there is a demonstrable need by business and industry within the commonwealth; (4) the applicant has made provisions for the utilization of existing federal and state resources for student financial assistance; (5) the grant-in-aid is essential to the success of the program as the resources of the applicant are inadequate to attract the technical assistance and financial support necessary for the program from business and industry; (6) the applicant has obtained from business and industry a firm commitment for that information, technical assistance and financial support which, together with the requested grant-in-aid, the resources of the applicant, and support from any other source, is sufficient to ensure the probable success of the program. In addition, the commitment of financial support from business and industry shall be equal to or greater than the amount of the requested grant-in-aid except that the director may waive the requirement for such matching financial support upon finding that the program funded by the grant-in-aid will materially increase the employment opportunities for targeted individuals and that the businesses and industries participating in the program have agreed to contribute personnel, facilities, equipment, supplies, stipends or other items of financial value to the program in an amount approved by the director; (7) binding commitments have been made to the industrial service program by the applicant for adequate reporting of information and data regarding the program to the director, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for an annual or other periodic audit of the books of the applicant directly related to the program, and for such control on the part of the industrial service program as the director shall consider prudent over the management of the program, Chap. 151 so as to protect the use of public funds, including, in the discretion of the director and without limitation, right of access to financial and other records of the applicant directly related to the programs; (8) adequate provision has been made by the applicant for the active recruitment for participation in the program of those who are the victims of economic dislocation and those of minority and economically disadvantaged groups, particularly recipients of public assistance; (9) binding commitments have been made to the industrial service program by the applicant for compliance with the monitoring and evaluation rules and regulations of the program. Such findings by the industrial service program and the director thereof shall be conclusive. Section 25. Upon approval of a grant-in-aid application by the director, the program shall immediately provide notification of its decision to the department of transitional assistance and the department of labor and workforce development. Such notification shall include the following information regarding the supported program: the trade, occupation or profession with which the program is concerned; a description of the curriculum, the requirements for participation, and the procedures for making application; the duration of the program; a description of support services available to participants in the program; and any other information relevant to encouraging and facilitating the participation in the program of those in economic need. Section 26. As used in sections twenty-seven to twenty-nine, inclusive, the following term shall have the following meaning:- "Displaced homemaker", an individual who has worked in the home for a substantial number of years providing unpaid household services for family members, has had, or would have, difficulty in securing employment; has been dependent on the income of another family member but is no longer supported by such income, has been dependent on government assistance but is no longer eligible for such aid, or is supported as the parent of minor children by government assistance or spousal child support payments but whose children are within two years of reaching their majority; and is not gainfully employed or is underemployed. Section 27. The director of the industrial service program shall appoint members of a state-wide advisory council on displaced homemakers hereafter referred to as the advisory council established for the purpose of making recommendations relative to the implementation and monitoring of a state-wide plan for displaced homemakers. The advisory council, from time to time, shall suggest to said director new programs for displaced homemakers and report its evaluations of existing displaced homemaker programs, services and activities together with recommendations for any necessary changes for the purpose of assisting said director in coordinating, promoting and establishing a state plan for displaced homemakers. The advisory council shall provide the director with recommendations regarding the funding and emergency assistance of regional multi-purpose service centers; shall provide the director with recommendations regarding the coordination of state, the division of occupational education, the job training partnership act and other available funding. Chap. 151 The advisory council shall be composed of representatives from social service agencies, community based organizations, education, business and training agencies. Membership should also include displaced homemakers, ethnic minorities and a geographic distribution. The director or his designee shall be the executive secretary of said advisory council and a non-voting member. Section 28. The director with advice from the displaced homemaker advisory council shall provide for the establishment of not less than five multi-purpose service centers, designed to meet the demographic and geographic needs of the displaced homemaker population. These multi-purpose service centers shall provide services including but not limited to: (1) job counseling services specifically designated for a person seeking employment after a number of years as a homemaker and shall operate to counsel displaced homemakers with respect to appropriate job opportunities including crises intervention, peer support, life skills training such as confidence building, problem solving and decision making; (2) job training referrals, career counseling, job placement services developed by working with government agencies and private employers; training and placement programs for jobs in the public and private sectors; assistance to displaced homemakers in gaining admission to existing public and private job training programs and opportunities; (3) prevocational training and educational services including outreach and information about such other programs which are determined to be of interest and benefit to such displaced homemakers by the advisory council; (4) outreach and information services with respect to government employment, education, health, legal and unemployment assistance programs which the advisory council determines would be of interest and benefit to such displaced homemakers; (5) a clearinghouse providing resource libraries including films and books; area program planning; in-service training for center staff and directories of existing counseling, educational and job training programs. Supervisory, technical and administrative positions relating to multi-purpose service centers established under this act shall, to the extent feasible, be filled by such displaced homemakers. Section 29. The director shall report annually to the governor and file a copy thereof with the clerk of the house of representatives and the clerk of the senate and the advisory council on the work of the program. Such report shall include the number of people served at each center, the type of services received, the number of people placed in employment, training and educational programs and follow-up data on such programs, and the cost effectiveness of center programs. Section 30. (a) As used in this section the following terms shall, unless the context clearly requires otherwise have the following meanings:- "Manufacturing network", a group of five or more private sector firms engaged in trade which work cooperatively to improve competitiveness; the network may also include industry associations and universities. Chap. 151 "Trade", firms that sell their goods or services, into markets for which national or international competition exists. (b) The industrial service program, hereinafter referred to as "the program," shall support the creation and development of manufacturing networks to enhance the quality of Massachusetts manufactured products and improve the national and international competitiveness of Massachusetts manufacturing firms. The program shall provide manufacturing network grants based on criteria established by its director. The program shall not grant, in any fiscal year, more than fifteen percent of funds appropriated for manufacturing networks to any one network. State funds for each network shall be matched in at least an equal amount by the members of the network, provided however that up to seventy-five percent of the matching funds may be in the form of in-kind contributions, which may include personnel and shall be included in the report required by subsection (c). The program shall assist manufacturing networks to: (1) share, develop and finance improvements and innovation in manufacturing technology; (2) improve productivity, including but not limited to, total quality management, statistical quality control and just-in-time production; (3) enhance work force development and employee training; (4) access new export markets; (5) improve work organization and management practices, including but not limited to increasing front-line employee responsibility and participation; (6) convert from military- to civilian-based production; (7) meet environmental standards or regulations; (8) reduce employee health care costs and improve workplace safety; and (9) engage in other related activities. (c) The program shall annually file with the clerks of the senate and the house of representatives on or before January first, a report of its activities in support of manufacturing networks in the commonwealth. Said report shall include, but not be limited to: (1) a financial statement summarizing the corporation activities involving manufacturing networks; (2) the number and types of manufacturers assisted and a description of the assistance provided; and (3) legislative recommendations to enhance the competitiveness of Massachusetts manufacturers. (d) Said progTam shall work cooperatively with the university of Massachusetts and the department of labor and workforce development. Section 31. The industrial service program shall annually submit a complete and detailed report of the program's activities within ninety days after the end of the fiscal year to the clerk of the house of representatives, the clerk of the senate, and the governor. The annual report shall include, but not be limited to, descriptions of all programs funded, an evaluation of the performance of each program, a summary of the public monies expended, Chap. 151 and detailed descriptions of the individuals trained, educated and employed, including, in particular, the number of minority and economically disadvantaged individuals. The report shall include: (a) a description of the activities of the program of employee involvement and ownership; (b) any recommendations to improve the performance of said program; and (c) a description and evaluation of state-wide employee involvement and employee ownership programs undertaken by and in the commonwealth. Section 32. The books and records of the industrial service program shall be subject to a biennial audit by the auditor of the commonwealth. Section 33. This chapter shall be liberally construed to effect its purpose. SECTION 147. Section 1 of chapter 23E of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "department of industrial accidents" and inserting in place thereof the following words:- division of industrial accidents, hereinafter referred to as the department. SECTION 148. The General Laws are hereby amended by inserting after chapter 23F the following chapten- CHAPTER 24A. OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. Section 1. (a) There shall be in the office of labor, education and economic development an office of consumer affairs and business regulation, hereinafter referred to as the office. The office shall be headed by a director of consumer affairs and business regulation, hereinafter referred to as the director, who shall be appointed by and serve at the pleasure of the governor and who shall not be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. The director shall receive such salary as the governor may determine, provided that such salary is equivalent to the salary received by the director of labor and workforce development and the director of economic development. The director shall devote full time during business hours to the duties of his office, and shall have the powers and duties provided in sections four to seven, inclusive, of chapter six A. (b) There shall be within the office the following divisions containing the following state agencies or functions: (1) the division of business regulation, including the department of public utilities and all other state agencies within said department, the department of banking and insurance and all other state agencies within said department, including the small loans regulatory board and the trustees of the General Insurance Guaranty Fund, the alcoholic beverages control commission, the state racing commission; and the community antenna television commission; (2) the division of consumer affairs, including the division of registration established by section eight of chapter thirteen, including the several boards of registration serving therein, the board of registration in medicine and the approving authority established by section two of chapter one hundred and twelve, and the functions established by section two; and (3) the division of standards, established by section five. Nothing in this section shall be construed as conferring any power or imposing any duties upon the director with respect to the foregoing agencies except as expressly provided by law. Section 2. In addition to its other duties, the office shall: Chap. 151 (a) maintain a telephone information service; (b) conduct surveys of consumer needs; (c) investigate consumer problems in cooperation with the attorney general; (d) publish educational brochures; (e) establish programs and services to assist consumers in understanding their rights and responsibilities in consumer transactions; (f) recommend and implement consumer protection policies; (g) monitor the marketplace to promote fair and honest competition; and (h) establish a trust fund for the purpose of consumer education and to further the office's other purposes and, to such extent the director shall have the powers provided in section six of chapter six A. Nothing herein shall restrict any official or agency not within said office from performing consumer-related responsibilities assigned to him or it by law. Section 3. The director is hereby authorized to make an annual assessment against each electric, gas, telephone and telegraph company doing business in the commonwealth and subject to the supervision of the department of public utilities, based upon intrastate operating revenues of each of such companies derived from the sales of electric, gas, telephone and telegraph services, respectively, as shown on the annual report or annual statement of each such company filed with the appropriate supervising agency. Such assessment shall be in such amount as determined and certified annually by the director to be sufficient to produce one million three hundred fifty-five thousand one hundred and forty-five dollars in revenue to the commonwealth and shall be assessed proportionately against each such company on the basis of such intrastate operating revenues of each such company; provided, however, that in addition to such assessment amount, the assessment shall include amounts to be credited to the General Fund for fringe benefit costs including, but not limited to, group life and health insurance and retirement benefits, paid vacations and holidays and sick leave, not to exceed twenty-two percent of the amount attributable to personnel costs of the attorney general's office subject to assessment under the provisions of this section and under section eleven E of chapter twelve in the fiscal year in which such assessment is made; and, provided further, that if the attorney general fails to expend in any fiscal year the total amount of one million three hundred fifty-five thousand one hundred and forty-five dollars for the purposes set forth under the provisions of said section eleven E of said chapter twelve, any amount unexpended in such fiscal year shall be credited against the assessment to be made in the following year and the assessment in such following year shall be reduced by such unexpended amount. Assessments made under this section may be credited to the normal operating costs of each such company and shall be utilized by the attorney general solely for the purposes set forth under the provisions of section eleven E of chapter twelve. The director is hereby authorized to make a further annual assessment for the purpose of providing funds to the attorney general for the representation of consumer interests in proceedings held pursuant to section ninety-four G of chapter one hundred and sixty-four and such other proceedings Chap. 151 as may be reasonably related to said section ninety-four G. Such assessments shall be assessed proportionately against each electric company under the jurisdictional control of the department of public utilities based upon the intrastate operating revenues of each such company derived from wholesale and retail sales of electricity within the commonwealth as shown in the annual report of such company to the department. Such assessment shall be made at a rate which shall be determined and certified annually by the director as sufficient to produce not more than seventy-five thousand dollars in revenue to be credited to the General Fund for each fiscal year for which such assessment is made. Section 4. On or before the first day of October of the year in which an assessment is made pursuant to the provisions of section nine A, the director shall certify to the commissioner of revenue the amount of the assessment to be made and the name and address of each company against whom such assessment is made. Such assessments shall be collected by said commissioner in accordance with applicable provisions of chapter sixty-three; provided, however, that each such company shall pay the amount assessed against it within thirty days from the receipt of notice of assessment from said commissioner. The amount so collected shall be credited to the General Fund. Section 5. (a) There shall be a division of standards within the office of consumer affairs and business regulation. The director of the office, with the approval of the governor, shall appoint a deputy director of standards and, with like approval, may remove him. The deputy director of standards shall have charge of the division of standards and shall, in addition to the powers and duties conferred and imposed upon him by law, perform such other duties as may be assigned to him by the director of the office of consumer affairs and business regulation. (b) Except as otherwise provided, the director of the office may employ and remove such inspectors, investigators, clerks and other assistants as the work of the division of standards may require. He may employ, for periods not exceeding ninety days, such experts as may be necessary to assist said division in the performance of any duty imposed upon it by law and such employment shall be exempt from the provisions of chapter thirty-one. (c) The deputy director of standards and all inspectors and other permanent employees of the division of standards, shall devote their full time to the affairs of said division. Said deputy director, all such inspectors and such other employees of said division as may be designated by the director of the office shall, before entering upon their duties, be sworn to the faithful performance thereof. All such inspectors shall aid the deputy director of standards in the performance of his duties, shall have all necessary powers therefor and shall give bond for the faithful performance of their duties. Whoever hinders, obstructs or in any way interferes with the deputy director of standards or any such inspector in the performance of any official duty imposed by law shall, except as otherwise provided, be punished by a fine of not more than three hundred dollars or by imprisonment for not more than two months. SECTION 149. Section 2A of chapter 25 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words "Massa- Chap. 151 chusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 150. Section 12M of said chapter 25, as so appearing, is hereby amended by striking out, in line 14, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 151. Section 8B of chapter 26 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "commissioner of public safety" and inserting in place thereof the following words:- director of the state rating bureau. SECTION 152. Said section 8B of said chapter 26, as so appearing, is hereby further amended by striking out, in line 37, the words "to the proper district attorney or to the commissioner of public safety" and inserting in place thereof the following words:- or to the proper district attorney. SECTION 153. Section 4 of chapter 28 A of the General Laws, as so appearing, is hereby amended by striking out, in lines 38 and 39, the words "executive offices of educational affairs, economic affairs and communities and development" and inserting in place thereof the following words:- office of labor, education and economic development, and the division of workforce development. SECTION 154. Section 8 of said chapter 28A, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "secretaries of the executive offices of human services, economic affairs, communities and development and educational affairs" and inserting in place thereof the following words:- secretary of health and human services, the director of economic development, the deputy director of housing and community development and the chairman of the board of education. SECTION 155. Section 10 of said chapter 28 A, as so appearing, is hereby amended by striking out, in lines 28 to 30, the words "executive offices of educational affairs, economic affairs, public safety, communities and development, and the departments of and inserting in place thereof the following words:- board of education, the executive office of public safety, the division of housing and community development, and the departments of economic development,. SECTION 156. Section 2G of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 46, the words "secretary of educational affairs" and inserting in place thereof the following words:- board of higher education. SECTION 157. Said chapter 29 is hereby further amended by inserting after section 2P the following section-Section 2P'/2. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Safe Drinking Water Act Fund. There shall be credited to such fund any amounts collected pursuant to section eighteen A of chapter twenty-one A and any income derived from the investment of amounts credited to such fund. Amounts credited to such fund shall be used, subject to appropriation, for the purposes set forth in said section eighteen A of said chapter twenty-one A, including the payment of personnel fringe benefit costs pursuant to section five D of this chapter. Chap. 151 SECTION 158. Section 2U of said chapter 29, as so appearing, is hereby amended by striking out, in line 4, the words "four hundred and fifty" and inserting in place thereof the following words:- seven hundred. SECTION 159. Section 2Y of said chapter 29, inserted by section 83 of chapter 110 of the acts of 1993, is hereby amended by striking out, in line 4, the words "three hundred" and inserting in place thereof the following words:- four hundred and fifty. SECTION 160. Said chapter 29 is hereby further amended by inserting after section 2DD, inserted by section 1 of chapter 102 of the acts of 1995, the following section:- Section 2EE. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Second Century Fund. There shall be credited to said fund all amounts generated by any increase in fees or charges or any new fees or charges approved after July first, nineteen hundred and ninety-six for use of the commonwealth's system of parks, forests or other natural resources subject to the oversight of the department of environmental management pursuant to section two of chapter twenty-one. The board of environmental management established pursuant to said section two of said chapter twenty-one is authorized to establish fees for the use of the forests and parks within the department's scope of responsibility. Amounts credited to said fund shall be available for expenditure, subject to appropriation, by the department of environmental management for all costs associated with the enhancement, improvement and maintenance of said forest and park system, including costs of personnel; provided, however, that the general court hereby declares that revenues credited to such fund shall be appropriated solely for the purposes stated herein and no funds shall be transferred from said fund to any other fund and the comptroller shall not assess said fund for any fringe or overhead costs. SECTION 161. Section 7D of said chapter 29, as so appearing, is hereby amended by striking out, in line 10, the words "secretary of educational affairs" and inserting in place thereof the following words:- board of higher education. SECTION 162. Said chapter 29 is hereby further amended by inserting after section 7M the following two sections:- Section 7N. The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, among the items of appropriation for joint legislative expenses. Section 7 O. The speaker of the house of representatives and the president of the senate, acting jointly, may transfer funds, as needed, from the items of appropriation for joint legislative expenses to the items of appropriation for the house of representatives and the senate. SECTION 163. Section 29 of said chapter 29, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "such", in line 5, the following word:- scheduled. SECTION 164. The first paragraph of said section 29 of said chapter 29, as so appearing, is hereby amended by inserting at the end the following sentence:- Under no cir- Chap. 151 cumstance shall such an interchange be allowed if, in the opinion of the budget director, said interchange is projected to result in a deficiency in said appropriation or subsidiary account and a plan to remedy such a deficiency has not been adopted by said department, office, commission or institution with the approval of the budget director. SECTION 165. Section 66 of said chapter 29, as so appearing, is hereby amended by adding the following sentence:- Any sheriff who expends funds in excess of the budget approved by the county government finance review board pursuant to section twelve of chapter sixty-four D shall be punished as provided in this section. SECTION 166. Section 6 of chapter 29 A of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the words "Massachusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 167. Section 44B of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 168. Said chapter 30 is hereby further amended by striking out section 51, as so appearing, and inserting in place thereof the following section-Section 51. All goods, supplies, equipment, services and real property leases, except for legislative or military purposes, needed by the various executive and administrative departments and for other activities of the commonwealth shall be purchased by or under the direction of the operational services division in the manner set forth in section fifty-two, and in sections twenty-two to twenty-six, inclusive, of chapter seven. Said division shall be furnished with such general supply appropriations, in addition to its departmental supply accounts, as may be necessary in order to place blanket contracts or advance orders and thereby take advantage of favorable market conditions. SECTION 169. Section 52 of said chapter 30, as so appearing, is hereby amended by striking out, in line 1, the words "supplies, equipment or other property" and inserting in place thereof the following words:- goods, supplies, equipment, services or real property leases. SECTION 170. Section 48 of chapter 31 of the General Laws, as so appearing, is hereby amended by inserting after the word "safety", in line 12, the following words:- ; laborers in the department of fire services. SECTION 171. The third paragraph of section 61A of chapter 31 of the General Laws, as most recently amended by chapter 206 of the acts of 1995, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No person appointed to a permanent, temporary or intermittent, or reserve police or firefighter position after November first, nineteen hundred and ninety-six shall perform the duties of such position until he shall have undergone initial medical and physical fitness examinations and shall have met such initial standards; and is hereby further amended by striking out, in lines 47, 49, and 50, the words "January first, nineteen hundred and eighty-eight" and inserting in place thereof the following words:- November first, nineteen hundred and ninety-six. Chap. 151 SECTION 172. Said section 61A of said chapter 31, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 80, the words "Within fifteen days of said referral, said" and inserting in place thereof the following word:- The. SECTION 173. Paragraph (e) of subdivision (3) of section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in lines 296 and 297, the words "January first, nineteen hundred and eighty-eight" and inserting in place thereof the following words:- November first, nineteen hundred and ninety-six. SECTION 174. Subsection (2) of section 6 of said chapter 32, as so appearing, is hereby amended by inserting after paragraph (c) the following paragraph:- (d) Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration. SECTION 175. Subsection (2) of section 7 of said chapter 32, as so appearing, is hereby amended by inserting after paragraph (c) the following paragraph:- (d) Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration. SECTION 176. Section 22 of said chapter 32, as so appearing, is hereby amended by inserting after the word "eighty-four", in line 45, the following words:- but before July first, nineteen hundred and ninety-six; and withhold on each pay day nine percent of the regular compensation of each employee who is a member in service of the system, which is received on such day by such member on account of service rendered by him on or after July first, nineteen hundred and ninety-six, and not later than the date of his attaining the maximum age for his group in the case of an employee who entered the service of the commonwealth or a political subdivision thereof on or after July first, nineteen hundred and ninety-six; and withhold on each pay day twelve percent of the regular compensation of each employee who is a member of the state police appointed pursuant to section ten of chapter twenty-two C, and is a member in service of the system, which is received on such day by such member on account of service rendered by him on or after July first, nineteen hundred and ninety-six, and not later than the date of his attaining the maximum age for his group in die case of such employee who entered the service of said state police on or after July first, nineteen hundred and ninety-six. SECTION 177. Paragraph (d) of subsection (1) of section 23 of chapter 32, as so appearing, is hereby amended by striking clause (ii) and inserting in place thereof the following clause:- (ii) if the investment committee elects to invest in banks, financial institutions or any companies doing business in South Africa, the investment committee shall review the plat- Chap. 151 form of guiding principles defined in subsection (5) and monies shall be invested as much as reasonably possible in such banks, financial institutions or companies which have adopted said platform of guiding principles so long as such use is consistent with sound investment policy;. SECTION 178. Said chapter 32 is hereby further amended by inserting after section 651 the following section:- Section 65 J. Upon retirement, a judge shall be paid an amount equal to the vacation allowance as earned in the vacation year prior to such retirement; provided, however, that no monetary or other allowance has already been awarded for such vacation allowance. Upon retirement, a judge who has accrued unused sick leave credit shall be paid an amount equal to twenty percent of the value of such credit as determined by the rate of compensation received at the time of retirement; provided, however, that such payment for accrued unused sick leave shall not affect the amount of retirement allowance available to such judge. SECTION 179. Section 91A of said chapter 32, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "dollars", in line 14, the following words:- or such amount as is allowable under subsection (a) of section ninety-one. SECTION 180. Section 3 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10 and in line 12, the words "Massachusetts Trades Building Council" and inserting in place thereof, in each instance, the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 181. Section 3 of chapter 32A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first three sentences and inserting in place thereof the following three sentences:- There shall be established within the executive office of administration and finance, but not under its jurisdiction, a special unpaid commission, to be known as the group insurance commission, consisting of the commissioner of administration and finance, the commissioner of insurance, the attorney general or his designee, and eight members to be appointed by the governor, one of whom shall be a health economist, one of whom shall be a retired state employee selected from a pool of two candidates nominated by the retired state, county and municipal employees' association of Massachusetts, three of whom shall be full-time state employees selected from a pool of six candidates nominated by the Massachusetts state labor council, AFL-CIO, one of whom shall be a member of the Massachusetts Teachers Association selected from a pool of two candidates nominated by said association, one of whom shall be a member of the Massachusetts Nurses Association selected from a pool of two candidates nominated by said association, and one of whom shall be a physician, selected from a pool of two candidates nominated by the Massachusetts Medical Society. No appointed member of the commission shall be an insurance agent, broker, employee or officer of any insurance company. Six members of the commission shall constitute a quorum, and the affirmative vote of six members shall be necessary for any action to be taken by the commission. Chap. 151 SECTION 182. Said section 3 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word "shall", in line 29, the following words:- include any modifications or amendments made to contracts executed under this chapter and shall. SECTION 183. The first paragraph of section 4 of said chapter 32A, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The commission shall serve as the trustee of funds contributed by employees and retirees for its use and in carrying out all its duties under this chapter shall take into account to the maximum extent possible the interests of said employees and retirees. SECTION 184. Said section 4 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word "commonwealth", in line 22, the following words:- and all persons to whom this chapter applies;. SECTION 185. Said section 4 of said chapter 32A, as so appearing, is hereby further amended by adding the following sentence:- Prior to commencement of a new contract period, the commission shall publish a request for proposals. Where it is determined by the commission that it would not be in the best interest of the commonwealth and all persons to whom this chapter applies to select a vendor on the basis of such a request for proposals, the commission may decline to publish such request; provided, however, that, within thirty days after such a determination is made, the commission shall submit a report to the clerks of the senate and house of representatives and the joint committee on public service specifically detailing all reasons for declining to publish such request. SECTION 186. Said chapter 32A is hereby further amended by adding the following new section:- Section 4B. Prior to the purchase of any policy or as defined in this chapter or entering into any contract or agreement for insurance as defined herein or the adoption of an amendment or changes to a previously purchased policy or contract entered into, or the implementation of changes by the commission that would decrease the level of benefits accorded to persons covered under this chapter under such a policy or contracts or agreements for insurance or entering into a contract or agreement as defined in section four A, the commission shall refer such policy, contract or agreement or amendments or changes thereto to the joint committee on public service, which shall hold a public hearing on the same within thirty days of their referral to said committee. Within forty-five days of their referral to the joint committee on public service, said committee shall transmit in writing to the commission its recommendations, if any, for modifications to such policy, contract or agreement or any amendments or changes thereto. SECTION 187. Said chapter 32A is hereby further amended by adding the following new section:- Section 20. The commission is hereby authorized and directed to establish and implement a vendor quality improvement program for purposes including, but not limited to: the evaluation and improvement of all health care services as applied to those contracts and the promotion of customer-oriented quality management techniques. Said program shall Chap. 151 include both long and short term objectives, quantifiable improvement goals, benchmarks for evaluating vendors and mechanisms to promote collaboration between the commission and health care vendors to improve health care services. The commission shall file an annual report with the clerk of the house of representatives, the clerk of the senate and the governor not later than September thirtieth of each year concerning said vendor quality improvement program. SECTION 188. Section 5 of chapter 38 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 12, each time they appear, the words "public safety" and inserting in place thereof, in each instance, the following words:- state police. SECTION 189. Section 36A of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in line 25, the words "department of public safety" and inserting in place thereof the following words:- criminal history systems board. SECTION 190. Section 43 A of said chapter 40, as so appearing, is hereby amended by striking out, in line 4, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 191. Section 24 of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "the commissioner of public safety,". SECTION 192. Section 3 of chapter 40E of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words "Massachusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 193. Section 2 of chapter 40F of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- The CDFC is hereby placed in the division of housing and community development and shall not be subject to the supervision and control of any executive office, department, commission, board, bureau or agency except to the extent and in the manner provided by law. SECTION 194. The third paragraph of said section 2 of said chapter 40F, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The corporation shall consist of nine directors, one of whom shall be the deputy director of housing and community development, one of whom shall be the director of economic development and one of whom shall be the secretary of administration or his designee. SECTION 195. Subsection (a) of section 3 of chapter 40H of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- The corporation is hereby placed in the division of housing and community development and shall not be subject to the supervision or control of any executive office, department, division, commission, board, bureau or agency except to the extent and in the manner provided by law. Chap. 151 SECTION 196. Chapter forty I of the General Laws is hereby repealed. SECTION 197. Section 9 of chapter 40N of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "sixty", in line 93, the following words:- ; provided, however, that any lien or taking of property, or foreclosure of the right of redemption undertaken pursuant to this section shall be subordinated only to a municipality's lien on the property, and shall not interfere with any tax sale, distraint, taking or foreclosure of the right of redemption or other remedy exercised by the municipality, regardless of when the municipality's lien arose. SECTION 198. Said section 9 of said chapter 40N, as so appearing, is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence.- If such demand is made within the time specified in section forty-two B of chapter forty and section sixteen B of chapter eighty-three during which liens arising thereunder remain in effect, said liens shall continue in effect for the period specified in section thirty-seven of chapter sixty, provided, however, that the year of assessment shall be deemed to be the year in which such demand is made. SECTION 199. Section 98 of chapter 41 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 22 to 24, the words "according to the system of the bureau of identification in the department of public safety" and inserting in place thereof the following words:- in accordance with the protocol of the identification system of the department of the state police. SECTION 200. Section 72 of chapter 44 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the last sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of any general or special law to the contrary, any funds received by a city, town, or regional school district pursuant to the provisions of this section shall be considered unrestricted revenue of the city, town, or regional school district, provided, that for any such amounts received in fiscal nineteen hundred and ninety-eight and in each fiscal year thereafter year, a city or town shall deposit in a separate account for expenditure by the school committee fifty percent of any such amount that exceeds the amount said city or town received in fiscal year nineteen hundred and ninety-seven; provided further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further appropriation; provided further, that any expenditures from said account on items qualifying as net school spending shall supplement, and not substitute for, the net school spending requirement of the district; and provided further that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section two of chapter seventy. SECTION 201. Section 87 of chapter 48 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "public safety" and inserting in place thereof the following words:- fire services. Chap. 151 SECTION 202. Said section 87 of said chapter 48, as so appearing, is hereby further amended by striking out, in line 5, the words "and submit them to the commissioner of public safety". SECTION 203. Section 3 of chapter 55B of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "twenty-five hundred" and inserting in place thereof the following words:- five thousand. SECTION 204. Paragraph (a) of part B of section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:- (11) An amount equal to the amount by which tuition payments by the taxpayer to a two or four-year college in which the taxpayer or a dependent of said taxpayer, pursuant to subparagraph three of paragraph b of subsection B, is enrolled, less any scholarships, grants or financial aid received, exceeds twenty-five percent of the taxpayer's Massachusetts adjusted gross income, exclusive of this deduction. SECTION 205. Section 2 of chapter 62B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- If, at the time an unemployment compensation payment, as defined in section 85(b) of the Internal Revenue Code, is made to any person, an election by such person is in effect under clause (3) of subsection (a) and under subsection (c) of section twenty-nine E of chapter one hundred and fifty-one A to subject such payment to voluntary withholding of personal income tax, then for purposes of this chapter such payment shall be treated as if it were a payment of wages by an employer to an employee. The amount to be deducted and withheld under this chapter from such payments shall be the amount set forth in said subsection (c) of said section twenty-nine E. SECTION 206. Subsection (b) of section 21 of chapter 62C of the General Laws, as amended by section 68 of chapter 38 of the acts of 1995, is hereby further amended by inserting after clause (14) the following clause:- (15) the disclosure to the commissioner of correction upon said Commissioner's written request, of the name, social security number, current address, or the name, identification number, or address of the employer of, an escaped prisoner for whom an outstanding warrant for arrest has been issued. SECTION 207. Section 31A of chapter 63 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out paragraphs (k) and (1) and inserting in place thereof the following two paragraphs:- (k) The provisions of paragraphs (a) and (f) shall not be available for the taxable years ending on or after December thirty-first, nineteen hundred and ninety-three but shall be available for the taxable years beginning on or after July first, nineteen hundred and ninety-nine. (1) The provisions of paragraphs (i) and (j) shall be available only for the taxable years ending on or after December thirty-first, nineteen hundred and ninety-three, but shall not be available for the taxable years beginning on or after July first, nineteen hundred and ninety-nine; provided, however, that a corporation shall not be eligible for said credit for more than nine taxable years. Chap. 151 SECTION 208. Subsection (k) of section 38 of said chapter 63, added by section 2 of chapter 280 of the acts of 1995, is hereby amended by striking out paragraph (5) and inserting in place thereof the following paragraphs:- (5) For the purpose of determining compliance with the provisions of paragraphs (2), (3) and (4), each defense corporation with more than twenty-five employees, as part of its tax return for each taxable year, shall submit a report, whose form and substance shall be determined by the commissioner of revenue, that describes for each taxable year as of the last day of such taxable year the following: (i) the number, nature and wages of jobs added or lost in the commonwealth and worldwide from the previous taxable year; (ii) the number of contracts with the Armed Forces of the United States or a foreign government for which a bid was (a) submitted, (b) awarded or (c) lost during the taxable year; (iii) the number of contracts with the Armed Forces of the United States or with foreign governments that were terminated during the taxable year; (iv) the nature and amount of any change in the property factor during the taxable year; (v) the nature and amount of any change in the payroll factor in the taxable year; (vi) the dollar amount of revenue foregone by the adoption and utilization of the single sales factor pursuant to this section as compared to the apportionment method in effect for the first taxable year beginning on or after January first, nineteen hundred and ninety-five; (vii) volume of sales in the commonwealth and worldwide; (viii) taxable income in the commonwealth and worldwide; (ix) book value of plant, land and equipment in the commonwealth and worldwide; (x) net capital investments in the commonwealth and worldwide; (xi) net assets; (xii) capacity utilization; and (xiii) debts, itemized by the following categories: (a) loans; and (b) mortgages. The commissioner of revenue shall annually prepare a comprehensive report utilizing the information received in this paragraph and other sources describing and evaluating the impact, if any, of the utilization of the single sales factor only upon the defense industry. Said report shall contain only cumulative information for all defense corporations submitting reports. Said report shall set forth for all defense corporations submitting reports the cumulative totals worldwide and, where applicable, in the commonwealth of the items specified in clauses (i) to (xiii) and the changes in such aggregate totals from the previous taxable year. The commissioner's report shall be filed not later than October first of each year with the clerk of the senate and the clerk of the house of representatives who shall forward the same to their respective committees on ways and means and to the joint committee on taxation. Said report of the commissioner shall be a public record. SECTION 209. Subsection (1) of said section 38 of said chapter 63, added by said section 2 of said chapter 280, is hereby amended by striking out paragraph (3) and inserting in place thereof the following paragraphs:- (3) Each manufacturing corporation with more than twenty-five employees, apportioning its income in accordance with the provisions of this subsection, as part of its tax return for each year, shall submit a report, whose form and substance shall be determined by the commissioner of revenue, that describes for each taxable year as of the last day of such taxable year the following: (i) the number, nature and wages of jobs added or lost in the Chap. 151 commonwealth and worldwide from the previous taxable year; (ii) the nature and amount of any change in the property factor during the taxable year; (iii) the nature and amount of any change in the payroll factor in the taxable year: (iv) the dollar amount of revenue foregone by the increased weighting of the sales factor pursuant to this section as compared to the apportionment method in effect for the first taxable year beginning on or after January first, nineteen hundred and ninety-five; (v) volume of sales in the commonwealth and worldwide; (vi) taxable income in the commonwealth and worldwide; (vii) book value of plant, land and equipment in the commonwealth and worldwide; (viii) net capital investment in the commonwealth and worldwide; (ix) net assets; (x) capacity utilization; and (xi) debts, itemized by the following categories: (a) loans; and (b) mortgages. The commissioner of revenue shall annually prepare a comprehensive report utilizing the information received in this paragraph and other sources describing and evaluating the impact, if any, of the utilization of the increased weighting of the sales factor upon the manufacturing industry. Said report shall contain only cumulative information for all manufacturing corporations submitting reports. Said report shall set forth for all manufacturing corporations submitting reports the cumulative totals worldwide and, where applicable, in the commonwealth of the items specified in clauses (i) to (xi) and the changes in such aggregate totals from the previous taxable year. The commissioner's report shall be filed not later than October first of each year with the clerk of the senate and the clerk of the house of representatives who shall forward the same to their respective committees on ways and means and to the joint committee on taxation. Said report of the commissioner shall be a public record subject to the provisions of section ten of chapter sixty-six. SECTION 210. Section 10 of chapter 66 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 51, the words "commissioner of public safety and his" and inserting in place thereof the following words:- executive director of the criminal history systems board, the criminal history systems board and its. SECTION 211. The third paragraph of section 1A of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the words "secretary of education who shall review and transmit said budget to the". SECTION 212. Section IB of said chapter 69, as so appearing, is hereby amended by striking out, in line 35, the words "the secretary of education and". SECTION 213. The twenty-second paragraph of said section IB said chapter 69, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the provisions of any special or general law or executive order to the contrary, the board of education shall notify the joint committee on education, arts, and humanities of any amendments or revisions to regulations in effect on April first, nineteen hundred and ninety-six at least ninety days before the effective date of such amendments or revisions; provided, however, that if federal law should require that amendments to regulations be made in less than ninety days to ensure continued federal funding, notification to the committee shall be made as soon as possible, but failure to provide ninety days' notice shall in no manner affect the legality or validity of said regulations. Chap. 151 SECTION 214. Section IF of said chapter 69, as so appearing, is hereby amended by adding the following paragraph:- The board is hereby authorized to expend a sum, not exceeding five million dollars in any one academic year, for a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program. Said funds shall be made available, subject to board approval, as matching grants to regional employment boards or other local recognized public-private partnerships involving local community job commitments and work site learning opportunities for students; provided, however, that such grants shall require at least a two hundred percent match in wages for such students from private sector participants. The program shall include, but not be limited to, a provision that those business leaders who commit resources to pay salaries, provide mentoring and instruction on the job and to work closely with teachers and public funds shall assume the cost of connecting schools and businesses to work with such students to ensure that they serve productively on the job. SECTION 215. Section 2 of chapter 70 of the General Laws is hereby amended by striking out the definition of "Base aid", as so appearing, and inserting in place thereof the following definifion:- "Base aid", in any fiscal year, the total of base aid, minimum aid and foundation aid of the previous fiscal year; provided, however, that for any district in which the previous year net school spending is less than the current year foundation budget, in determining base aid in the current fiscal year, the base aid amount of the previous fiscal year shall be adjusted by adding the amount by which the amount to be deducted in the current fiscal year pursuant to the provisions of section eighty-nine of chapter seventy-one or of section twelve B of chapter seventy-six exceeds the amount that had been deducted pursuant to said sections in the previous fiscal year. SECTION 216. Said section 2 of said chapter 70 is hereby further amended by striking out the definition of "Foundation gap", as so appearing, and inserting in place thereof the following definition:- "Foundation gap", the positive difference, if any, between (i) the foundation budget in any fiscal year and (ii) the sum of base aid, school choice reimbursement as defined in section twelve B of chapter seventy-six, charter school reimbursement as defined in section eighty-nine of chapter seventy-one, minimum aid, federal impact aid and the larger of (1) the preliminary local contribution for that year or (2) the standard of effort for such year. The foundation gap shall be calculated separately for each municipality's share of each district to which it belongs. SECTION 217. Said section 2 of said chapter 70 is hereby further amended by striking out the definition of "Standard of effort", as so appearing, and inserting in place thereof the following definition:- "Standard of effort", for any year, shall be the lesser of (1) the gross standard of effort for that year and (2) the foundation budget for the year minus the sum of base aid, minimum Chap. 151 aid, school choice reimbursement, as defined in section twelve B of chapter seventy-six, charter school reimbursement, as defined in section eighty-nine of chapter seventy-one, and federal impact aid for that year. The standard of effort for any municipality shall be allotted among the districts to which that municipality belongs. SECTION 218. The definition of "Minimum required local contribution" in said section 2 of said chapter 70, as so appearing, is hereby amended by striking out, in lines 423 to 424, the words "and the excess debt service amount, if any". SECTION 219. Said section 2 of said chapter 70 is hereby further amended by striking out the definition of "Municipal revenue growth factor", as so appearing, and inserting in place thereof the following definition:- "Municipal revenue growth factor", the change in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to one hundred two and one-half percent plus the average of the percentage increases in the levy limit due to new growth adjustments over the last three available years as certified by the department of revenue or as otherwise estimated by the division of local services of the department of revenue where it appears that a municipality may not be entitled to increase its minimum levy limit by two and one-half percent; provided, however, that if the highest percentage during such three years exceeds the average of the other two years' percentages by more than two percentage points, then the lowest three of the last four years shall be used for such calculation; (2) the amount of general revenue sharing aid for the fiscal year; and (3) other budgeted recurring receipts not including user fees or other charges determined by said division of local services to be associated with the provision of specific municipal services for the prior fiscal year, minus the excess debt service amount for the fiscal year, by the sum of (1) the actual levy limit for the prior fiscal year; (2) the amount of general revenue sharing aid received for the prior fiscal year; and (3) other recurring receipts not including user fees or other charges determined by such division of municipal services to be associated with the provision of specific municipal services budgeted by the municipality for the fiscal year preceding the prior fiscal year, minus the excess debt service amount for the prior fiscal year, if any; provided, however, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June thirtieth, nineteen hundred and ninety-three; and, provided further, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to one hundred two and one-half percent plus the average of the percentage increases in the levy limit due to new growth as specified above; provided, however, that such factor shall not be greater than the factor determined by subtracting one from the quotient calculated by dividing total state school aid for the current fiscal year by total state school aid for the prior fiscal year; and, provided further, that in making any of the calculations required by this definition, said division of local services may substitute more current information or such Chap. 151 other information as would produce a more accurate estimate of the change in a municipality's general local revenues and the department shall use such growth factor to calculate preliminary contribution, minimum contribution and any other factor that directly or indirectly uses the municipal growth factor. SECTION 220. Section 16B of chapter 71 of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:- The members of a regional school district, including a vocational regional school district, may elect to reallocate the sum of their required local contributions to the district in accordance with the regional agreement; provided, however, that the total sum of their required contributions shall not be decreased. Election shall be by approval of all members of the district. Approval of each member shall be given by majority vote at an annual or special town meeting, in the case of towns, or by majority vote of the council, in the case of cities. The commissioner of education shall be notified upon the adoption of this section by this district. Nothing in this section shall be construed to affect the calculation of the members' required local contributions for any succeeding year as provided by chapter seventy of the General Laws. SECTION 221. Section 38Q of said chapter 71, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "secretary of education and the higher education coordinating council" and inserting in place thereof the following words:- board of higher education. SECTION 222. Section 55C of said chapter 71, as so appearing, is hereby amended by striking out, in line 9, the word "safety" and inserting in place thereof the following word:- health. SECTION 223. The first paragraph of section 89 of said chapter 71, as so appearing, is hereby amended by striking out, in line 2, the words "secretary of education" and inserting in place thereof the following words:- board of education, in this section called the board. SECTION 224. Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out, in lines 5, 23, 29, 31, 42, 57, 58, 92, 143, 148, 158, 160, 161, 162, 164 and 168, the word "secretary", each time it appears, and inserting in place thereof, in each instance, the following word:- board. SECTION 225. The fifth sentence of the ninth paragraph of said section 89 of said chapter 71, as inserted by chapter 72 of the acts of 1996, is hereby amended by striking out the word "secretary" and inserting in place thereof the following word:- board. SECTION 226. Section 3 of chapter 71B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "psychiatric", in line 59, the following words:- provided, however, that the division of health care finance and policy established by section two of chapter one hundred eighteen G shall establish rates for educational assessments conducted or performed by psychologists and other trained certified educational personnel notwithstanding the provisions of any other special or general law or rule or regulation to the contrary. Chap. 151 SECTION 227. Section 10 of chapter 71B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 4, the words "and with the approval of the secretary of educational affairs". SECTION 228. The first paragraph of section 7C of chapter 74 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Said tuition shall be returned to the member communities of the regional district in the year following receipt of the payment, in proportion to the assessment levied against each member community. SECTION 229. Section 1A of chapter 75 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words "Massachusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 230. The first paragraph of said section 1A of said chapter 75, as so appearing, is hereby amended by striking out the last sentence. SECTION 231. Section 36C of said chapter 75, as so appearing, is hereby amended by striking out, in line 35 and in lines 41 and 42, in each instance, the words ", the secretary of education". SECTION 232. Section 11A of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 37, the words "the commissioner of public safety to all". SECTION 233. Section 1 of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "ninety B", in lines 107 and 111, in each instance, the following: "or any violation of the comparable laws of any other jurisdiction". SECTION 234. The eighth paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following two sentences:- There shall be a twenty-five dollar fee for said plate in addition to the established registration fee for passenger motor vehicles. Within thirty days after receipt of said fee, the portion of the fee remaining after the deduction of costs directly attributable to issuing said plate shall be transferred, in amounts proportional to the number of vehicles registered in each county, to the county commissioners of Dukes and Nantucket counties and, in the case of Barnstable county, eighty percent to the Cape Cod Economic Development Council and twenty percent to the Lower Cape Community Development Corporation, provided that all amounts so transferred shall be used to promote tourism and economic development, and provided further that twice annually the Cape Cod Economic Development Council and the Lower Cape Community Development Corporation shall furnish to the Barnstable county commissioners a full accounting of the expenditures of said funds. SECTION 235. Section 7D of said chapter 90, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:- Chap. 151 The provisions of this section, excluding the seatbelt requirement, shall not apply to the transportation of school pupils in vehicles not exceeding fourteen passengers in addition to the operator which is provided (a) by an operator who is uncompensated for his or her service and is either a parent and one adult (monitor) of one of the passengers or is a person chosen by the parents of all the passengers; or (b) for activities related to a private school, day care center, camp, school-age child care program, or a special needs program as defined by section one of chapter seventy-one B, who would not be picked up or discharged on a fixed route, provided, that for the purpose of this section, the term fixed route shall be defined as the transportation of a school pupil on a pre-determined daily basis to and from a set location, for the length of the pupils school year, provided the operator is a person whose primary relationship to the passenger is that of teacher, coach, director, or caregiver, and not as an operator. Such vehicles shall not be considered school buses, school pupil transport vehicles or livery vehicles and shall be registered as private passenger motor vehicles. SECTION 236. The last sentence of paragraph (e) of subdivision (1) of section 24 of said chapter 90, as amended by section 110 of chapter 38 of the acts of 1995, is hereby further amended by striking out the words "public safety" and inserting in place thereof the following words:- the state police. SECTION 237. Subsection (j) of section 3 of chapter 90B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following four sentences:- An original certificate of number may be renewed by mail or by facsimile. An applicant who is seeking the renewal of said certificate must state his name, present address, telephone number, facsimile number and social security number on the respective correspondence. The division shall inform said applicant by mail or facsimile as to whether the renewal is or is not approved. If approval is granted, the division shall mail the renewed certificate to the address of said applicant. In implementing this procedure, the director shall seek to avoid all duplicative administrative steps. The director may promulgate such regulations as he deems necessary to implement such a renewal procedure. SECTION 238. Paragraph (2) of subsection (a) of section 8 of said chapter 90B, as so appearing, is hereby amended by striking out subparagraph (A) and inserting in place thereof the following subparagraph:- (A) If a person arrested for operating a vessel while under the influence of intoxicating liquor refuses to submit to such test or analysis, after having been informed that his license, permit or right to operate motor vehicles shall be suspended and any certificate or numbers may be revoked for a period of one hundred and twenty days for such refusal, no such test or analysis shall be made, but the officer before whom such refusal was made shall immediately prepare a written report of such refusal. Each such report shall be made on a form approved by the registrar, and shall be sworn to under the penalties of perjury by the officer before whom such refusal was made. Each such report shall set forth the grounds for the officer's belief that the person arrested had been operating a vessel while under the Chap. 151 influence of intoxicating liquor, and shall state that such person had refused to submit to such chemical test or analysis when requested by such officer to do so such refusal having been witnessed by another person other than the defendant. Each such report shall identify which police officer requested said chemical test or analysis, and the other person witnessing said refusal. Each such report shall be sent forthwith to the registrar and to the director along with a copy of the notice of intent to suspend in any form, including electronic or otherwise, that the registrar deems appropriate. Upon receipt of such report, the registrar shall suspend any license or permit to operate motor vehicles issued to such person under chapter ninety or the right of such person to operate motor vehicles in the commonwealth under section ten for a period of one hundred and twenty days, and the director may revoke any and all certificates of number of any vessel such person and may refuse to issue any certificate of number to such vessels for a period of one hundred and twenty days. Said report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding any suspension specified in this section. SECTION 239. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by inserting after the word "admissible" in line 279, the following words:- , and such failure or refusal shall be admissible in any action by the registrar under this section or in any proceedings provided for in section twenty-four N of chapter ninety,. SECTION 240. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out the word "ten", in lines 304 and 305, and inserting in place thereof, in each instance, the word:- eight. SECTION 241. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out, in lines 308 and 309, the words "public safety or by a chemist of a laboratory certified by said department" and inserting in place thereof the following words:- state police or by a chemist of a laboratory certified by the department of public health. SECTION 242. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out the word "registrar", in lines 363 and 706, and inserting in place thereof, in each instance, the word:- director. SECTION 243. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out the word "six", in lines 403,493, 509 and 527, and inserting in place thereof, in each instance, the word:- ten. SECTION 244. Said section 8 of said chapter 90B, as so appearing, is hereby further amended by striking out the word "certificate", in lines 661, 663 and 667, and inserting in place thereof, in each instance, the word:- certificates. SECTION 245. Section 49 of chapter 91 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words "public safety" and inserting in place thereof the following words:- state police. SECTION 246. Section 59 of said chapter 91, as so appearing, is hereby amended by striking out, in line 11, the words "public safety" and inserting in place thereof the following words:- state police. Chap. 151 SECTION 247. Section 123 of chapter 94 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "Massachusetts Trades Building Council" and inserting in place thereof the following words:- Massachusetts State Labor Council, AFL-CIO. SECTION 248. The third paragraph of subsection (d) of section 47 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following two sentences:- Not later than January fifteenth of each year, each district attorney and attorney general shall file a detailed report with the house and senate committees on ways and means on the deposit and expenditure of all monies in the trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug rehabilitation, drug education, and other anti-drug, or neighborhood crime watch programs. Said reports shall detail said deposit and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first. SECTION 249. The fourth paragraph of subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby amended by adding the following two sentences:- Not later than January fifteenth of each year, each chief police of such city or town shall file a detailed report with the division of local services of the department of revenue on the deposit and expenditure of all the monies in the special law enforcement trust fund including, but not limited to, the use of such monies for the purposes of protracted investigations, provision of technical equipment, drug education, and other anti-drug or neighborhood crime watch programs or other law enforcement purposes as the chief of police of such city or town, or the colonel of state police deems appropriate. Said reports shall detail such deposits and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first. SECTION 250. Section 47A of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 12 and 37, the words "public safety", each time that they appear, and inserting in place thereof, in each instance, the following words:- state police. SECTION 251. Section 3 of chapter 100 of the General Laws, as so appearing, is hereby amended by striking out, in line 56, the words "National Auctioneers Association" and inserting in place thereof the following word:- director. SECTION 252. Section 3 A of said chapter 100, as so appearing, is hereby amended by inserting after the word "auctioneer", in line 20, the following words:- ; provided, however, that an auctioneer licensed by the commonwealth as of July first, nineteen hundred and ninety-six shall retain such license. SECTION 253. Section 3C of said chapter 100, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A license shall be valid for a period of one year from the date of issue unless sooner suspended or revoked and shall be renewed by the division annually thereafter without examination, upon payment of the fee prescribed in section three. SECTION 254. Said chapter 100 is hereby further amended by inserting after section 3C the following new section.- Chap. 151 Section 3D. Any corporation conducting business within the commonwealth may appoint an officer of the corporation who is duly licensed under the provisions of this chapter to act as an auctioneer in behalf of such corporation. Notwithstanding the provisions of any general or special law to the contrary, any licensed auctioneer conducting business within the commonwealth shall be required to maintain an escrow account for all items held on consignment; provided, however, that such escrow shall terminate not later than sixty days from the date of auction of said items. SECTION 255. Section 34 of chapter 101 of the General Laws, as so appearing, is hereby amended by striking out, in line 92, the words "department of public safety" and inserting in place thereof the following words:- criminal history systems board. SECTION 256. Said section 34 of said chapter 101, as so appearing, is hereby further amended by striking out, in line 98, the words "department of public safety" and inserting in place thereof the following words:- the chief of police. SECTION 257. Chapter 111 of the General Laws is hereby amended by inserting after section 24E the following 2 sections:- Section 24F. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Health Care Access Fund. There shall be credited to said fund the following: (a) all fees assessed or generated from programs authorized pursuant to this section; (b) revenues generated pursuant to paragraph (a) of section twenty-eight of chapter sixty-four C; (c) to the extent available, federal financial participation made available under Title XIX of the Social Security Act, or its successor statute, to match the costs of the uncompensated care pool and to the extent such monies are authorized to be transferred to said fund pursuant to general or special law; (d) all interest earned on monies within said fund; and (e) and voluntary contributions and premiums paid by enrollees in said programs. Amounts credited to the Health Care Access Fund shall be used for the following purposes, subject to appropriation: (i) to fund a program of primary and preventive health care for the benefit of dependent and adoptive children from birth through age twelve established pursuant to section twenty-four G of chapter one hundred and eleven, as added in this act; (ii) to establish a program of managed care within community health centers pursuant to regulations promulgated by the department; (iii) to fund a universal immunization program to be administered by the department; and (iv) a program of medical respite services provided by the Boston health care for the homeless program Section 24G. There is hereby established a program of managed care to provide primary and preventive health care services for uninsured dependent and adopted youths from birth through age twelve. Said program shall be administered by the department subject to appropriation from the health care access fund established pursuant to section twenty-four F of chapter one hundred and eleven and other appropriated funds. Services available from the program shall include the following:- Chap. 151 (1) preventive pediatric care in a participating doctor's office, community health center, health maintenance organization or school-based clinic, including not less than one well-child visit a year, immunizations, tuberculin testing, hematocrit, hemoglobin and other appropriate blood testing, urinalysis, and routine tests to screen for lead poisoning, and such services as are periodically recommended by the American Academy of Pediatrics; provided that services provided by a participating independent laboratory for diagnostic laboratory tests shall be reimbursed by said program; (2) unlimited sick visits in a participating doctor's office, community health center, health maintenance organization, school-based clinic or a patient's home; (3) first-aid treatment and follow up care, including the changing or removal of casts, burn dressings or structures, in a participating doctor's office, community health center, health maintenance organization or school-based clinic; (4) the provision of smoking prevention educational information and materials to the parent, guardian or person with whom an enrollee resides. Services made optionally available under said program may include the following: (1) prescription drugs up to one hundred dollars per year, provided that enrollees shall be responsible for a co-payment of three dollars for each interchangeable drug prescription and four dollars for each brand-name drug prescription; (2) urgent care visits in the outpatient department of a participating hospital when an enrollee's primary care practitioner is not available to provide such services, and emergency care in the outpatient department or emergency department of a participating hospital of up to one thousand dollars per year, including related laboratory and diagnostic radiology services for said urgent and emergency care, provided that rates of reimbursement for such urgent care and emergency services are negotiated by participating hospitals with the department or its designated vendor; (3) outpatient surgery and anesthesia which is medically necessary for the treatment of inguinal hernia and ear tubes, but not including the professional component for related radiology or pathology services; provided that rates of reimbursement for such urgent care and emergency services are negotiated by participating hospitals with the department or its designated vendor; (4) medically necessary eye examinations (5) medically necessary outpatient mental health services not to exceed thirteen visits per year. The department shall establish cost-containment measures designed to ensure that only medically necessary services are reimbursed by said program. The schedule, scope, maximum dollar coverage and duration of the optional benefits established by this section may be revised by the department to ensure that the costs of said program are limited to the funds appropriated therefor. The cost of said program shall be funded in part by premiums contributed by enrollees according to the following eligibility categories: households earning less than two hundred percent of the federal poverty level shall not be responsible for contributing to program premium costs; households earning between two hundred and four hundred percent Chap. 151 of the federal poverty level, inclusive, shall contribute not less than twenty percent and not more than thirty percent of the monthly premium cost according to a sliding scale established by the department; provided, that additional contributions shall not be required for any enrollee after the third enrollee in such a household; and provided further, that enrollees in households earning more than four hundred percent of the federal poverty level shall pay the full premium cost of said program. Household earnings may be defined on the basis of gross earnings, or on an adjusted basis according to criteria deemed appropriate by the department. The department shall base premium costs on an actuarially sound methodology. Premiums contributed by enrollees shall be deposited in the health care access fund established pursuant to section twenty-four F of chapter one hundred and eleven and may be used for the said program subject to appropriation. Notwithstanding the premium contribution requirements established by this section, no enrollee shall be exempt from the co-payment requirements established herein or by the department. Said co-payments shall be designed to encourage the cost-effective and cost conscious use of said services. The department shall promulgate regulations necessary to implement the requirements of this section. The division of medical assistance shall assist said department to maximize federal financial participation for state expenditures made on behalf of program enrollees. The department shall report quarterly to the house and senate committees on ways and means and to the joint committee on health care on enrollment demographics, claims expenditures and the annualized costs of said program. The department shall file notice with said committees and the secretaries of the executive office of administration and finance and family services not less than thirty days before modifying program benefits and eligibility standards that are intended to ensure that program costs are limited to the funds appropriated therefor. The program established by this section shall not give rise to enforceable legal rights in any party or an enforceable entitlement to the services funded herein and nothing stated herein shall be construed as giving rise to such enforceable legal rights or such enforceable entitlement. SECTION 258. Section 25C of chapter 111 of General Laws, as so appearing, is hereby amended by adding the following paragraph:- No long term care facility located in an underbedded urban area shall be replaced or the license for said facility transferred outside an underbedded urban area. For the purposes of this paragraph, an underbedded urban area shall mean a city or town in which: (a) the per capita income is below the state average; or (b) the percentage of the population below one hundred percent of the federal poverty level is above the state average; or (c) the percentage of the population below two hundred percent of the federal poverty level is above the state average. SECTION 259. Section 127B'/4 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- Chap. 151 At any time prior to or during the course of proceedings conducted pursuant to section one hundred and twenty-seven B, resulting solely from a residential underground fuel storage tank or the detection of dangerous lead paint levels, as determined under the authority of section one hundred and ninety-four, or in the event the state environmental code pursuant to section thirteen of chapter twenty-one A requires the repair, replacement and/or upgrade of a septic system the owner of a structure used for human habitation may petition the board of health in a city or town to make findings consistent with its authority under this chapter and may enter into an agreement, subject to appropriation, authorizing such board of health or such owner to cause the premises to be properly serviced by a septic system, removal or a residential underground fuel storage tank or to have removed any dangerous levels of lead paint, as determined under the authority of section one hundred and ninety-four, at the owners expense. An owner who enters into such an agreement shall be responsible for all expenses incurred by the board of health, directly or indirectly, or required by the board of health and incurred by the owner for such repairs, replacement, and/or upgrade of a septic system, removal of a residential underground fuel storage tank or removal of dangerous levels of lead paint. A notice of such agreement shall be recorded as a betterment and be subject to the provisions of chapter eighty relative to the apportionment, division, reassessment and collection of assessment, abatement and collections of assessments, and to interest; provided, however, that for purposes of this section, such lien shall take effect by operation of law on the day immediately following the due date of such assessment or apportioned part of such assessment and such assessment may bear interest at a rate determined by the city or town treasurer by agreement with the owner at the time such agreement is entered into between the board of health and the property owner. In addition to remedies available under chapter eighty, the property owner shall be personally liable for the repayment of the total costs incurred by the city or town under this section; provided, however, that upon assumption of such personal obligation to a purchaser or other transferee of all of the original owners interest in the property at the time of conveyance and the recording of such assumption, the owner shall be relieved of such personal liability. SECTION 260. Subsection (b) of section 197 A of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after paragraph (2) the following paragraph:- (3) Notwithstanding any general or special law or regulation to the contrary, all persons selling premises shall, before signing a purchase and sale agreement, provide to the prospective purchaser written notice of the type and general condition of any septic system on said premises. SECTION 261. Section 197B of said chapter 111, as so appearing, is hereby amended by striking out, in lines 26, 29, 50, 59, 76, 79, 83, 91,101,105 and 106, and 117, each time they appear, the words "and industries" and inserting in place thereof the words:- and workforce development. SECTION 262. Section 7 of chapter 111C of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. Chap. 151 SECTION 263. Section 1 of chapter 11 IF of the General Laws, as so appearing, is hereby amended by striking out the definition of "DLI" and inserting in place thereof the following defmition:- "DOL", the department of labor and workforce development. SECTION 264. Section 2 of said chapter 11 IF, as so appearing, is hereby amended by striking out, in lines 10 and 20, the word "DLI", each time it appears, and inserting in place thereof, in each instance, the following word:- DOL. SECTION 265. Section 4 of said chapter 11 IF, as so appearing, is hereby amended by striking out, in line 4, the word "DLI" and inserting in place thereof the following word:- DOL. SECTION 266. Section 13 of said chapter 11 IF, as so appearing, is hereby amended by striking out, in lines 14, 17, 18, 22, 30 and 41, the word "DLI", each time it appears, and inserting in place thereof, in each instance, the following word:- DOL. SECTION 267. Section 17 of said chapter 11 IF, as so appearing, is hereby amended by striking out, in line 2, the word "DLI" and inserting in place thereof the following word:- DOL. SECTION 268. Section 12A of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 269. Said section 12A of said chapter 112, as so appearing, is hereby further amended by striking out, in line 11, the words "commissioner of public safety" and inserting in place thereof the following words:- state fire marshal. SECTION 270. Section HA'A of said chapter 112, as so appearing, is hereby amended by striking out, in line 5, the words "commissioner of public safety" and inserting in place thereof the following words:- criminal history systems board. SECTION 271. Chapter 118E of the General Laws is hereby amended by striking section 13, as appearing in the 1994 Official Edition, and inserting in place thereof the following two sections:- The commissioner shall review, and approve or disapprove, any change in Title XIX rates or Title XIX rate methodology proposed by the division of health care finance and policy established by chapter one hundred and eighteen G, which shall be called the "division" only for purposes of this section. The commissioner shall review such proposed rate changes for consistency with agency policy and federal requirements, and within the level of funding available as authorized by the general appropriation act prior to the certification of such rates by the division; provided, that the commissioner shall not disapprove a rate increase solely based on the availability of funding if the federal health care financing administration provides written documentation that federal reimbursement would be denied as a result of said disapproval and said documentation is submitted to the house and senate committees on ways and means. The commissioner shall, when disapproving a rate increase, submit the reasons for disapproval to the division together with Chap. 151 any recommendations for changes. Such disapproval and recommendations, if any, shall be submitted after the commissioner is notified that the division intends to propose a rate increase for any class of provider under Title XIX; but in no event later than the date of the public hearing held by the division regarding such rate change; provided, that no rates shall take effect without the approval of the commissioner. The division and the commissioner shall provide documentation on the reasons for increases in any class of approved rates that exceed the medical component of the consumer price index to the house and senate committees on ways and means. The division shall supply the commissioner with all statistical information necessary to carry out his duties under this section. Notwithstanding the foregoing, the commissioner shall not review, approve, or disapprove any such rate set pursuant to chapter twenty-three of the acts of nineteen hundred and eighty-eight. If projected payments from rates necessary to conform to applicable requirements of Title XIX are estimated by the commissioner to exceed the amount of funding appropriated for such purpose in the general appropriation act in any fiscal year, the division and the commissioner shall jointly prepare and submit to the Governor a proposal for the minimum amount of supplemental funding necessary to satisfy the requirements of the under Title XIX state plan. SECTION 272. Chapter 118E of the General Laws, as so appearing, is hereby further amended by inserting after section 13, the following new section:- Section 13 A. For hospital fiscal years beginning on or after October first, nineteen hundred and ninety-seven, rates and terms of payment established by the division with non-acute hospitals for services rendered to patients entitled to medical assistance under this chapter shall be established by contract between the division and such hospitals, unless otherwise required by law. Prior to said October first, for those non-acute hospitals whose rates and terms of payment have not been established by contract with the division, saidjates and terms of payment shall be based on the system of reimbursement in effect immediately prior to the effective date of this section. This section shall not be construed preventing said division and a non-acute hospital from agreeing to such a contract prior to such date. Any medical necessity and administratively necessary determinations the division may establish for non-acute hospitals shall be based on the screening criteria and procedures applied by peer review organizations as are duly authorized under the Social Security Act. For any hospital fiscal year subsequent to nineteen hundred and ninety-eight, the division of medical assistance may elect, solely at its discretion, that public payor-dependent non-acute hospitals shall be subject to the provisions of the preceding paragraph; provided, that reimbursement so established by said section shall include an administratively necessary day adjustment for any patient that a public payor-dependent non-acute hospital is unable to place in a more appropriate facility based on said screening criteria and procedures; provided further that the terms of payment for any such patient shall reflect the reasonable costs of any such hospital in providing care to recipients of medical care and assistance; and provided further, that reimbursement so established shall reflect the reasonable costs of treating a disproportionate share of public payor patients. Chap. 151 SECTION 273. Section 36 of said chapter 118E is hereby amended by striking out clause (5), as so appearing, and inserting in place thereof the following clause:- (5) participation in the programs as a skilled nursing or acute or non-acute hospital shall be limited to providers who: agree to be responsible for all overpayments owed to the division, including, in the case of transfer of ownership, the overpayments of any and all previous owners. SECTION 274. Chapter one hundred and eighteen F of the General Laws is hereby repealed. SECTION 275. The General Laws are hereby further amended by inserting after chapter 118F the following chapter:- CHAPTER118G. HEALTH CARE FINANCE AND POLICY. Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Actual costs", all direct and indirect costs incurred by a hospital or a community health center in providing medically necessary care and treatment to its patients, determined in accordance with generally accepted accounting principles. "Acute hospital", the teaching hospital of the University of Massachusetts Medical School and any hospital licensed under section fifty-one of chapter one hundred and eleven and which contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department of public health. "Bad debt", an account receivable based on services furnished to any patient which (i) is regarded as uncollectable, following reasonable collection efforts consistent with regulations of the division, which regulations shall allow third party payers to negotiate with hospitals to collect the bad debt of its enrollees, (ii) is charged as a credit loss, (iii) is not the obligation of any governmental unit or of the federal government or any agency thereof, and (iv) is not free care. "Case mix", the description and categorization of a hospital's patient population according to criteria approved by the division including, but not limited to, primary and secondary diagnoses, primary and secondary procedures, illness severity, patient age and source of payment. "Charge", the uniform price for specific services within a revenue center of a hospital. "Child", a person who is under eighteen years of age. "Commissioner", the commissioner of the division of health care finance and policy. "Community health centers", health centers operating in conformance with the requirements of Section 330 of United States Public Law 95-626 and shall include all community health centers which file cost reports as requested by the division. "Comprehensive cancer center", the hospital of any institution so designated by the national cancer institute under the authority of 42 USC sections 408(a) and 408(b) organized solely for the treatment of cancer, and offered exemption from the medicare diagnosis related group payment system under 42 C.F.R. 405.475(f). Chap. 151 "Dependent", the spouse and children of any employee if such persons would qualify for dependent status under the Internal Revenue Code or for whom a support order could be granted under chapters two hundred and eight, two hundred and nine or two hundred and nine C. "Disproportionate share hospital", any acute hospital that exhibits a payer mix where a minimum of sixty-three per cent of the acute hospital's gross patient service revenue is attributable to Title XVIII and Title XIX of the federal Social Security Act other government payors and free care. "Division", the division of health care finance and policy in the executive office of health and human services. "DRG", a patient classification scheme which provides a means of relating the type of patients a hospital treats, such as its case mix, to the cost incurred by the hospital. "Eligible person", a person who qualifies for financial assistance from a governmental unit in meeting all or part of the cost of general health supplies, care or rehabilitative services and accommodations. "Employee", a person who performs services primarily in the commonwealth for remuneration for a commonwealth employer. A person who is self-employed shall not be deemed to be an employee. "Employer", an employer as defined in section one of chapter one hundred and fifty-one A. "Enrollee", a person who becomes a member of an insurance program of the division either individually or as a member of a family. "Financial requirements", a hospital's requirement for revenue which shall include, but not be limited to, reasonable operating, capital and working capital costs, the reasonable costs of depreciation of plant and equipment and the reasonable costs associated with changes in medical practice and technology. "Fiscal year", the twelve month period during which a hospital keeps its accounts and which ends in the calendar year by which it is identified. "Free care", unpaid hospital charges of medically necessary services to (1) patients deemed financially unable to pay, in whole or in part, for their care, pursuant to regulations of the division; (2) uninsured patients who receive emergency care in a hospital emergency room or who receive other hospital care associated with such emergency care services, for which the costs have not been collected after despite reasonable efforts in accordance with regulations of the division; or (3) patients in situations of medical hardship in which major expenditures for health care have depleted or can reasonably be expected to deplete the financial resources of the individual to the extent that medical services cannot be paid, as determined by regulations of the division. For purposes of this section, "emergency care" shall include, but not be limited to: hospital services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity which include, but not be limited to, severe pain which pain reasonably appears may result in jeopardizing the patients' health if immediate medical attention is withheld; serious impairment to bodily Chap. 151 functions or serious dysfunction of any bodily organ or part, examination or treatment for emergency medical condition; active labor in women; or any such other service rendered to the extent required pursuant to 42 USC 1395(dd). "General health supplies, care or rehabilitative services and accommodations", all supplies, care and services of medical, optometric, dental, surgical, podiatric, psychiatric, therapeutic, diagnostic, rehabilitative, supportive or geriatric nature, including inpatient and outpatient hospital care and services, and accommodations in hospitals, sanatoria, infirmaries, convalescent and nursing homes, retirement homes, facilities established, licensed or approved pursuant to the provisions of chapter one hundred and eleven B and providing services of a medical or health-related nature, and similar institutions including those providing treatment, training, instruction and care of children and adults; provided, however, that rehabilitative service shall include only rehabilitative services of a medical or health-related nature which are eligible for reimbursement under the provisions of Title XIX of the Social Security Act. "Governmental unit", the commonwealth, any department, agency board or commission of the commonwealth, and any political subdivision of the commonwealth. "Gross inpatient service revenue", the total dollar amount of a hospital's charges for inpatient services rendered in a fiscal year "Gross patient service revenue", the total dollar amount of a hospital's charges for services rendered in a fiscal year. "Health care services", supplies, care and services of medical surgical, optometric, dental, podiatric, chiropractic, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, supportive or geriatric nature including, but not limited to, inpatient and outpatient acute hospital care and services; services provided by a community health center or by a sanatorium, as included in the definition of "hospital" in Title XVIII of the federal Social Security Act, and treatment and care compatible with such services or by a health maintenance organization. "Health insurance company", a company as defined in section one of chapter one hundred and seventy-five which engages in the business of health insurance. "Health insurance plan", the medicare program or an individual or group contract or other plan providing coverage of health care services and which is issued by a health insurance company, a hospital service corporation, a medical service corporation or a health maintenance organization. "Health maintenance organization", a company which provides or arranges for the provision of health care services to enrolled members in exchange primarily for a prepaid per capita or aggregate fixed sum as further defined in section one of chapter one hundred and seventy-six G. "Hospital", any hospital licensed under section fifty-one of chapter one hundred and eleven, the teaching hospital of the University of Massachusetts Medical School and any psychiatric facility licensed under section nineteen of chapter nineteen. Chap. 151 "Hospital agreement", an agreement between a nonprofit hospital service corporation and the hospital signatory thereto approved by the division under section five of chapter one hundred and seventy-six A. "Hospital service corporation", a corporation established for the purpose of operating a nonprofit hospital service plan as provided in chapter one hundred and seventy-six A. "Managed health care plan", a health insurance plan which provides or arranges for, supervises and coordinates health care services to enrolled participants, including plans administered by health maintenance organizations and preferred provider organizations. "Medicaid program", the medical assistance program administered by the division of medical assistance pursuant to chapter one hundred and eighteen E and in accordance with Title XIX of the Federal Social Security Act or any successor statute. "Medical assistance program", the medicaid program, the Veterans Administration health and hospital programs and any other medical assistance program operated by a governmental unit for persons categorically eligible for such program. "Medically necessary services", medically necessary inpatient and outpatient services as mandated under Title XIX of the Federal Social Security Act. Medically necessary services shall not include: (1) non-medical services, such as social, educational and vocational services; (2) cosmetic surgery; (3) canceled or missed appointments; (4) telephone conversations and consultations; (5) court testimony; (6) research or the provision of experimental or unproven procedures including, but not limited to, treatment related to sex-reassignment surgery, and pre-surgery hormone therapy; and (7) the provision of whole blood; and provided, however, that administrative and processing costs associated with the provision of blood and its derivatives shall be payable. "Medical service corporation", a corporation established for the purpose of operating a nonprofit medical service plan as provided in chapter one hundred and seventy-six B. "Medicare program", the medical insurance program established by Title XVIII of the Social Security Act. "Non-acute hospital", any hospital which is not an acute hospital. "Patient", any natural person receiving health care services from a hospital. "Private sector charges", gross patient service revenue attributable to all patients less gross patient service revenue attributable to Titles XVIII and XIX, other publicly aided patients, free care and bad debt. "Provider", any person, corporation partnership, governmental unit, state institution or any other entity qualified under the laws of the commonwealth to perform or provide health care services. "Publicly aided patient", a person who receives hospital care and services for which a governmental unit is liable, in whole or in part, under a statutory program of public assistance. "Public payer-dependent non-acute hospital", any non-acute hospital that (1) was certified by the Secretary of the United States Department of Health and Human Services as participating in the federal medicare program pursuant to clause (iv) of 42 USC section 1395ww (d)(1)(B) on January first, nineteen hundred and ninety-six; (2) is not owned Chap. 151 by the commonwealth; and (3) exhibits a payor mix in which a minimum of fifteen per cent of such hospital's gross patient service revenue, as reported on the RSC-403 for hospital fiscal year nineteen hundred and ninety-four, was attributable to Title XIX of the federal Social Security Act. Such term does not include a hospital that was reimbursed for services provided to individuals entitled to medical assistance under chapter one hundred and eighteen E for fiscal year nineteen hundred and ninety-six pursuant to a contract between the hospital and the division of medical assistance. "Purchaser", a natural person responsible for payment for health care services rendered by a hospital. "Revenue center", a functioning unit of a hospital which provides distinctive services to a patient for a charge. "Resident", a person living in the commonwealth, as defined by the division by regulation; provided, however, that such regulation shall not define a resident as a person who moved into the commonwealth for the sole purpose of securing health insurance under this chapter. Confinement of a person in a nursing home, hospital or other medical institution shall not in and of itself, suffice to qualify such person as a resident. "Self-employed", a person who, at common law, is not considered to be an employee and whose primary source of income is derived from the pursuit of a bona fide business. "Self-insurance health plan", a plan which provides health benefits to the employees of a business, which is not a health insurance plan, and in which the business is liable for the actual costs of the health care services provided by the plan and administrative costs. "Small business", a business in which the total number of full-time employees, when averaged on an annual basis, does not exceed fifty, including only of the self-employed. "Sole community provider", any acute hospital which qualifies as a sole community provider under medicare regulations or under regulations promulgated by the division, which regulations shall consider factors including, but not limited to, such as isolated location, weather conditions, travel conditions, percentage of Medicare, Medicaid and free care provided and the absence of other reasonably accessible hospitals in the area. Such hospitals shall include those which are located more than twenty-five miles from other such hospitals in the commonwealth and which provide services for at least sixty percent of their primary service area. "Specialty hospital", an acute hospital which qualifies for an exemption from the medicare prospective payment system regulations or any acute hospital which limits its admissions to patients under active diagnosis and treatment of eyes, ears, nose and throat or to children or patients under obstetrical care. "State institution", any hospital, sanatorium, infirmary, clinic and other such facility owned, operated or administered by the commonwealth, which furnishes general health supplies, care or rehabilitative services and accommodations. "Third party payer", an entity including, but not limited to, Title XVIII and Title XIX programs, other governmental payers, insurance companies, health maintenance organizations and nonprofit hospital service corporations. Third party payer shall not include a pur- Chap. 151 chaser responsible for payment for health care services rendered by a hospital, either to the purchaser or to the hospital. "Title XIX," Title XIX of the Social Security Act, 42 USC 1396 et seq., or any successor statute enacted into federal law for the same purposes as Title XIX. "Uninsured patient", a patient who is not covered by a health insurance plan, a self-insurance health plan, or a medical assistance program. Section 2. There is hereby established a division of health care finance and policy under the supervision and control of the commissioner. The secretary of health and human services shall appoint the commissioner, with the approval of the governor, who shall serve at the pleasure of the secretary and may be removed by the secretary at any time, subject to the approval of the governor. The commissioner shall have such educational qualifications and administrative and other experience as the secretary of health and human services determines to be necessary for the performance of the duties of commissioner. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty. The commissioner shall appoint and may remove such agents and subordinate officers as the commissioner may deem necessary and may establish such subdivisions within the division as the commissioner deems appropriate from time to time to fulfill the following duties: (a) to collect, analyze and disseminate health care data to assist in the formulation of health care policy and in the provision and purchase of health care services; (b) to establish certain rates of payment for health care services. The division shall have the sole responsibility for establishing rates to be paid providers of health care services by governmental units, including the division of industrial accidents which are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal law, regulations and quality and safety standards, and which are within the financial capacity of the commonwealth. The division shall have the sole responsibility for establishing fair and adequate charges to be used by state institutions for general health supplies, care or rehabilitative services and accommodations, which charges shall be based on the actual costs of each state institution reasonably related, in the circumstances of each institution, to the efficient production of such services in such institution; (c) to administer the uncompensated care pool established by section eighteen; and (d) to provide, on a basis calculated to reduce or contain the costs of the program, a program of insurance coverage for health care services for persons in the commonwealth who are not otherwise eligible for or covered by a health insurance plan, a self-insurance health plan, a medical assistance program or any other plan or program which provides for payment by a third-party payer for health care services; The division shall adopt and amend rules and regulations, in accordance with chapter thirty A, for the administration of its duties and powers and to effectuate the provisions and Chap. 151 purposes of this chapter. Such regulations shall be adopted, after notice and hearing, only upon consultation with representatives of nonprofit hospital service corporations established under chapter one hundred and seventy-six A, elected representatives of health systems agencies designated pursuant to Title XV of the federal public health service act, representatives of companies authorized to sell accident and health insurance under chapter one hundred and seventy-five and the Massachusetts Hospital Association. Section 3. In addition to the powers conferred on state agencies, the division shall have the following powers:- (a) to make, amend and repeal rules and regulations for the management of its affairs; (b) to make contracts and execute all instruments necessary or convenient for the carrying on of its business; (c) to acquire, own, hold, dispose of, and encumber personal property and to lease real property in the exercise of its powers and the performance of its duties; (d) to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity; (e) to design and to revise, consistent with this chapter, a basic schedule of health care services that enrollees in any health insurance program implemented by the division shall be eligible to receive. Such covered services shall include those which typically are included in employer-sponsored health benefit plans in the commonwealth. The division may promulgate schedules of covered health care services which differ from the basic schedule and which apply to specific classes of enrollees. The division may promulgate a schedule of premium contributions, co-payments, co-insurance, and deductibles for said programs, including reduced premiums based on a sliding fee, and other fees and revise them from time to time, subject to the approval of the division of insurance; and provided, however, that such schedule shall provide for such enrollees to pay one hundred per cent of such premium contributions if their income substantially exceeds the non-farm poverty guidelines of the United States office of management and budget; (f) to maintain a prudent level of reserve funds to protect the solvency of any trust funds under the operation and control of the division. Section 4. The commissioner shall make an annual report to the secretary of the executive office of health and human services and to the general court the first Wednesday in November specifying the management of its affairs, an analysis of reimbursement policy for each class of providers of services and for state institutions, a projection of the percentage change and fiscal impact of any changes in rates or regulations for every provider and program under its jurisdiction for the fiscal year beginning July first in the year following such November first, a detailed analysis of the factors influencing each increase and an explanation for any rate increase in excess of the consumer price index. Said report shall further detail efforts of the division to coordinate its rate making function with rule making functions of other state agencies regulating said providers and institutions, and its recommendations for legislation, if any. Chap. 151 Section 5. Each acute hospital shall pay to the commonwealth an amount for the estimated expenses of the division. Such amount shall be equal to the amount appropriated by the general court for the expenses of the division of health care finance and policy minus amounts collected from (1) filing fees, (2) fees and charges generated by the division's publication or dissemination of reports and information, and (3) federal matching revenues received for such expenses or received retroactively for expenses of predecessor agencies. Each acute hospital shall pay such net amount multiplied by the ratio of the hospital's gross patient service revenues to the total of all such hospital's gross patient services revenues. Each acute hospital shall make a preliminary payment to the division on October first of each year in an amount equal to one-half of the previous year's total assessment. Thereafter, each hospital shall pay, within thirty days notice from the division, the balance of the total assessment for the current year based upon its most current projected gross patient service revenue. The division shall subsequently adjust the assessment for any variation in actual and estimated expenses of the division of health care finance and policy and for changes in hospital gross patient service revenue. Such estimated and actual expenses shall include an amount equal to the cost of fringe benefits, as established by the division of administration pursuant to section six B of chapter twenty-nine. In the event of late payment by any such hospital, the treasurer shall advance the amount of due and unpaid funds to the division prior to the receipt of such monies in anticipation of such revenues up to the amount authorized in the then current budget attributable to such assessments, and the division shall reimburse the treasurer for such advances upon receipt of such revenues. The provisions of this paragraph shall not apply to any state institution or to any acute hospital which is operated by a city or town. Section 6. The division shall promulgate such regulations as may be necessary to ensure the uniform reporting of revenues, charges, costs and utilization of health care services delivered by institutional and non-institutional providers. Such uniform reporting shall enable the division to identify, on a patient-centered and provider-specific basis, statewide and regional trends in the cost, availability and utilization of medical, surgical, diagnostic and ancillary services provided by acute hospitals, nursing homes, chronic care and rehabilitation hospitals, other specialty hospitals, clinics, including mental health clinics, and such ambulatory care providers as the division may specify. The division shall, before adopting such regulations, consult with other agencies of the commonwealth, and the federal government, affected providers, as applicable, to ensure that the reporting requirements imposed from time to time under such regulations are not duplicative, excessive or costly. To the extent that any requirements imposed by the division result in additional costs to the reporting providers, such additional costs shall be included in any rates promulgated by the division for such providers. The division may specify, by regulation, categories of information which may be furnished under an assurance of confidentiality to the provider. Such assurance may only be extended by the division if the data furnished is not to be used for setting rates. The division shall work with other state agencies including, but not limited to, without limitation, the departments of public health Chap. 151 and mental health and the divisions of medical assistance and insurance to collect and disseminate data concerning the cost of health insurance in the commonwealth, the health status of individuals and to publish such data and make it available to the public. With respect to any acute or non-acute hospital, the division shall, by regulation, designate information necessary to effect the purposes of this chapter including, but not be limited to, the filing of a charge book, the filing of cost data and audited financial statements and the submission of merged billing and discharge data. The division shall, by regulation, designate standard systems for determining, reporting and auditing volume, case-mix, proportion of low income patients and any other information necessary to effectuate the purposes of this chapter and to prepare reports comparing acute and non-acute care hospitals by cost, utilization and outcome. Such regulations may require such hospitals to file required information and data by electronic means; provided, however, that the division shall allow reasonable waivers from such requirement. The division shall, at least annually, publish a report analyzing such comparative information for the purpose of assisting third-party payers and other purchasers of health services in making informed decisions. Such report shall include comparative price and service information relative to outpatient mental health services. Section 7. The division (1) shall determine, after public hearing, at least annually for institutional providers, and at least biennially for non-institutional providers, the rates to be paid by each governmental unit to providers of health care services; (2) shall determine, after public hearing, at least annually, the rates to be charged by each state institution for general health supplies, care or rehabilitative services and accommodations; (3) shall certify to each affected governmental unit the rates so determined; (4) shall determine, after public hearing, at least annually, and certify to the division of industrial accidents of the department of labor and industries, rates of payment for general health supplies, care or rehabilitative services and accommodations, which rates shall be paid for services under the workmen's compensation act; (5) shall, upon request of the division of insurance, assist the division of insurance in the performance of its duties as set forth in section four of chapter one hundred and seventy-six B; (6) may establish fair and reasonable classifications upon which any rates may be based for rest homes, nursing homes and convalescent homes; provided, however, that the division shall not cause a decrease in a rate or add a penalty to a rate because such home has an equity position which is less than zero. Such rates for nursing homes and rest homes, as defined under section seventy-one of chapter one hundred and eleven, shall be established as of October first of each year for facilities whose rate is set on a retrospective basis and as of January first of each year for facilities whose rate is set on a prospective basis. In setting such prospective or retrospective rates of reimbursement, the division shall use as base year costs for rate determination purposes the reported costs of the calendar year not more than three years prior to the current rate year, adjusted for reasonableness and to incorporate any audit findings applicable to said base year costs; provided, however, that no base year cost shall be incorporated unless a comprehensive desk audit has been completed for the costs incurred in that base year. In any Chap. 151 appeal of any matter arising out of the setting of such prospective rates of reimbursement, the aggrieved party shall not be permitted to introduce into the record of such an appeal evidence of costs for any year other than the base year used to establish the rate. Notwithstanding any other general or special law or regulation to the contrary, except as provided in chapter one hundred and eighteen E, each governmental unit shall pay to a provider of services and each state institution shall charge as a provider of health care services, as the case may be, the rates for general health supplies, care and rehabilitative services and accommodations determined and certified by the division. In establishing rates of payment to providers of services, the division shall control rate increases and shall impose such methods and standards as are necessary to ensure reimbursement for those costs which must be incurred by efficiently and economically operated facilities and providers. Such methods and standards may include, but are not limited to the following: peer group cost analyses; ceilings on capital and operating costs; productivity standards; caps or other limitations on the utilization of temporary nursing or other personnel services; use of national or regional indices to measure increases or decreases in reasonable costs; limits on administrative costs associated with the use of management companies; the availability of discounts for large volume purchasers; the revision of existing historical cost bases, where applicable, to reflect norms or models of efficient service delivery; and other means to encourage the cost-efficient delivery of services. Rates produced using these methods and standards shall be in conformance with Title XIX, including the upper limit on provider payments. In determining rates to be paid by governmental units to providers of services, the division shall include as an operating expense of a provider of services any contribution made in lieu of taxes by such provider of services to a city or town and shall establish by regulation those expenses treated as business deductions under the Internal Revenue Code, which shall be included as allowable operating expenses in determining rates of reimbursement. Except for ceilings or maximum rates of reimbursement, which are determined in accordance with rate determination methods imposed on nursing homes, any ceiling or maximum imposed by the division upon the rate of reimbursement to be paid to rest homes shall reflect the actual costs of rest home providers and shall not prevent any such rest home provider from receiving full payment for costs necessarily incurred in the provision of services in compliance with federal or state regulations and requirements. No hospital shall receive reimbursement or payment from any governmental unit for amounts paid to employees, as salary, or to consultant or other firms, as fees, where the primary responsibility of the employees or consultants is, either directly or indirectly, to persuade or seek to persuade the employees of the hospital to support or oppose unionization. Attorney's fees for services rendered in dealing directly with a union, in advising hospital management of its responsibilities under the National Labor Relations Act, or for services at an administrative agency or court or for services by an attorney in preparation for the agency or in court proceeding shall not be deemed to be support or opposition to unionization. Chap. 151 The division shall establish rates on a prospective basis, subject to rules and regulations promulgated by the division whenever possible; provided, however, that whenever the division by regulation provides that a final rate for a reporting period shall be computed on the actual cost of a provider of services, or a state institution, for such period, it shall establish an interim rate for said provider or institution within twenty-one days of the beginning of said interim rate period, from which interim rate said provider may appeal as provided under section thirty-six. The division shall also adopt regulations to enable each provider or institution to secure adjustment in said interim rate from time to time to meet current reasonable costs. Said provider or institution shall have the right at any time to petition the division for an increase in said interim rate. A petition for an adjustment in an interim rate shall include a certified statement that such a petition is not interposed for delay, a detailed explanation, under oath, of the basis upon which said increase is sought, together with a sworn statement of an independent licensed accountant or independent certified public accountant that he has examined the pertinent data relative to the accounts forming the basis of the petition and that in his opinion, said accounts are as represented by the petitioner. The petitioner shall provide such other information as the division shall require. The division, subject to such rules and regulations as it may establish, may waive the required independent audit for non-institutional providers whenever the division determines that such audit would create a financial hardship. The commissioner shall report in writing his recommendations to the petitioner, giving his reasons therefore in detail, and the petitioner shall have ten days to file objections, arguments and comments to the division. The division shall thereupon make a rate determination which shall become effective when filed with the state secretary. No appeal under section nine of this chapter shall be allowed from an interim rate determined under the provisions of this paragraph. Whenever a final rate for a filing period is to be determined after the end of such period, the division shall calculate a preliminary final rate within sixty-days after receipt of a satisfactory financial and operating cost report from a provider of services or state institution for such filing period. If such reports provide all the information required by the division and are attested to by an independent licensed accountant or an independent certified public accountant in such a manner and form as the division may require, the division may, prior to a field audit, establish such preliminary final rate on the basis of such information submitted. No appeal may be taken from such preliminary final rate. Ninety per cent of the difference between the interim rate and said preliminary final rate shall become payable by or to governmental units when certified to the state secretary. Said preliminary final rate may be promulgated as the final rate of a provider of services or state institution if the division is satisfied with a provider's report. In the event that a final rate is determined without a field audit, the division shall institute such procedures, including random field audits, as are required to assure accurate reporting by providers of health care services and state institutions. If the division is not satisfied with the provider's report, the division shall within six months and after a field audit promulgate a different rate of payment. Chap. 151 In establishing rates for nursing pools pursuant to section seventy-two Y of chapter one hundred and eleven, the division shall take into consideration wages and benefits paid by the pool to the medical personnel supplied to a health care facility and that portion of the rate attributable to wages and benefits shall not exceed the prevailing wages and benefits allowed for permanent medical personnel of the same type at such health care facilities. Such rate shall also take into consideration the reasonable administrative expenses and an allowance which shall provide a reasonable return on equity. The division shall establish procedures whereby nursing pools shall submit accountable cost reports, which may be subject to audit, to the division for the purpose of establishing such rates. The division shall establish interim rates for nursing pools until such time as said reports are complete. The division shall set rates for rest homes, nursing homes and convalescent homes, beginning with interim rates for the rate year beginning October first, nineteen hundred and eighty-nine, by recalculating the base year whenever estimated costs for payments to nursing pools are no longer reflective of or are higher than actual costs to such facilities for such payments. Notwithstanding the provisions of any general or special law or any rule or regulation to the contrary, the division, in determining the rate of payment for prescribed drugs dispensed to publicly-aided or industrial accident patients by pharmacy providers, shall not apply or use, either directly or indirectly, a discount from the primary standard used by the division in establishing such rate. Except as otherwise provided in this section any person aggrieved by any rate determination made under this section shall have a right of appeal as provided under section nine. The division may enter into such contracts or agreements with the federal government, a political subdivision of the commonwealth, or any public or private corporation or organization, as it deems necessary; provided, however, that the division shall not enter into any contract or agreement with a private corporation or organization to furnish information and statistical data to be used by said division as its sole basis for setting rates, if such private corporation or organization is to make or receive payments based upon the rates so set. Each governmental unit shall cooperate with the division at all times in the furtherance of the division's purposes. Each state institution shall permit the division or any designated representatives thereof, to examine its books and accounts and shall file with the division from time to time or upon request such data, statistics, schedules or other information as the division may reasonably require. Each rate established by the division shall be deemed a regulation and shall be subject to review as hereinafter provided. The division shall promulgate rules and regulations for the administration of its duties and the determination of rates as are herein required subject to the procedures prescribed by chapter thirty A. Every rate, classification and other regulation established by the division shall be consistent where applicable with the principles of reimbursement for provider costs in effect from time to time under Titles XVIII and XIX of the Social Security Act governing reimbursements or grants available to the Chap. 151 commonwealth, its departments, agencies, boards, divisions or political subdivisions for general health supplies, care, and rehabilitative services and accommodations. In the event that any aggregate rates certified by the division exceed the upper limit of payment in effect for any period under Titles XVIII or Title XIX of the Social Security Act or any other requirement of said Titles, where applicable, the division shall redetermine and recertify any such aggregate rates in order to bring them into compliance with such federal requirement for the entire period during which such upper limit is effective. The provisions of this section shall not apply to acute or non-acute hospitals. Section 8. Any provider of health care services, other than an acute or non-acute care hospital, which receives reimbursement or payment from any governmental unit for general health supplies, care and rehabilitative services and accommodations, or who receives reimbursement or payment for treatment of injured workers under chapter one hundred and fifty-two shall, as a condition of the receipt of such reimbursement or payment: (1) permit the division, or any designated representative thereof or the attorney general, or his designee, to examine such books and accounts as may reasonably be required in the performance of the division's duties or the attorney general's duties; and (2) file with the division from time to time or upon request, such data, statistics, schedules or other information as it may reasonably require, including outcome data and information regarding the costs, if any, of such provider for research in the basic biomedical or health care delivery areas or for the training of health care personnel which are included in its charges to the public for health care services, supplies and accommodations. Any such provider that receives reimbursement or payment from any governmental unit for general health supplies, care and rehabilitative services and accommodations shall accept reimbursement or payment at the rates established by the division, subject to a right of appeal under section nine, as discharging in full any and all obligations of an eligible person and the governmental unit to pay, reimburse or compensate the provider of health care services in any way for general health supplies, care and rehabilitative services or accommodations provided. Any provider of health care services that knowingly fails to file with the division data, statistics, schedules or other information required pursuant to this section or by any regulation promulgated by the division or knowingly falsifies the same shall be punished by a fine of not less than one hundred nor more than five hundred dollars. If, upon application by the division or its designated representative, the superior court upon summary hearing determines that a provider of health care services has, without justifiable cause, refused to permit any examination or to furnish information, as required in this section, it shall issue an order directing all governmental units to withhold payment for general health supplies, care and rehabilitative services and accommodations to such provider of services until further order of the court. In addition, the appropriate licensing authority may suspend or revoke, after an adjudicatory proceeding in accordance with chapter thirty A, the license of any provider of services that knowingly fails to file with the division data, statistics, schedules or other information required by this section or by any regulation of the division or that knowingly falsifies the same. Chap. 151 Section 9. Except for rates established pursuant to section eleven, any person, corporation or other party aggrieved by an interim rate or a final rate established by the division, or by failure of the division to set a rate or to take other action required by law and desiring a review thereof shall, within thirty days after said rate is filed with the state secretary or may, at any time, if there is a failure to determine a rate or take any action required by law, file an appeal with the division of hearings officers established by section four H of chapter seven. Any appeal filed under this section shall be accompanied by a certified statement that said appeal is not interposed for delay. On appeal, the rate determined for any provider of services shall be adequate, fair and reasonable for such provider, based upon, the costs of such provider, but not limited thereto. On an appeal from an interim rate or a final rate the division of hearings officers shall conduct an adjudicatory proceeding in accordance with chapter thirty A, and said division shall file its decision with the commissioner and the state secretary within thirty days after the conclusion of the hearing. Said decision shall contain a statement of the reasons therefore, including a determination of each issue of fact or law upon which such decision was based. If such decision results in a recommendation for a rate different from that certified, the division shall establish a new rate based upon such statement of reasons. If the commissioner determines that the statement of reasons is inadequate to determine a fair, reasonable and adequate rate, it may remand the appeal to the hearing officer for further investigation. Any party aggrieved by a decision of the division may, within thirty days of the receipt of such decision, file a petition for review in superior court for the county of Suffolk, which shall have exclusive jurisdiction thereof. A provider may appeal as an aggrieved party in accordance with the provisions of the preceding sentence, in the event that a remand by the division to a hearing officer does not result in a final decision by the division within twenty-one days of the date of remand. The petition shall set forth the grounds upon which the decision of the division should be set aside. The aggrieved party shall, within seven days after the petition for review is filed, notify the division and all the parties to the appeal before said division that a petition for review has been filed by sending each a copy thereof. Within forty days after the petition for review is filed, or within such further time as the court may allow, the division of hearings officers shall file in court the original or a certified copy of the record under review. The court may affirm, modify or set aside the decision of the division in whole or in part, remand the decision to the division for further proceedings, or enter such other order as justice may require. Nothing herein shall be construed to prevent the division from granting temporary relief if, in its discretion, such relief is justified nor, from informally adjusting or settling controversies with the consent of all parties. Judicial review shall be governed by section fourteen of chapter thirty A to the extent not inconsistent with the provisions of this section. Section 10. All purchasers and third party payers may enter into contractual arrangements with acute and non-acute hospitals for services. No such arrangement, includ- Chap. 151 ing but not limited to prices or charges which may be charged for non-contracted services or which may be negotiated in individual contracts between such purchasers or third party payers and such acute or non-acute hospitals, shall be subject to prior approval by any public agency; provided, however, that charges established by an acute or non-acute hospital for health care services rendered shall be uniform for all patients receiving comparable services. Any acute or non-acute hospital that makes a charge or accepts payment based upon a charge in excess of that filed required or approved by the division or that fails to file any data, statistics or schedules or other information required under this chapter or by any regulation promulgated by the division or which falsifies the same, shall be subject to a civil penalty of not more than one thousand dollars for each day on which such violation occurs or continues, which penalty may be assessed in an action brought on behalf of the commonwealth in any court of competent jurisdiction. The attorney general shall bring any appropriate action, including injunctive relief, as may be necessary for the enforcement of the provisions of this chapter. Section 11. All rates of payment to acute hospitals and non-acute hospitals under Title XIX shall be established by contract between the provider of such hospital services and the division of medical assistance, except as provided in subsections (a) and (b), or otherwise permitted by law. All rates shall be subject to all applicable Title XIX statutory and regulatory requirements. All such rates for non-acute hospitals shall be effective as of the date specified in section thirteen A of chapter one hundred and eighteen E of the General Laws, unless otherwise specified by law. (a) For disproportionate share hospitals, the division of health care finance and policy shall establish rates that equal the financial requirements of providing care to recipients of medical assistance. (b) The division shall establish rates of payment which shall apply to emergency services and continuing emergency care provided in acute hospitals to medical assistance program recipients, including examination or treatment for an emergency medical condition or active labor in women or any other care rendered to the extent required by 42 USC 1395(dd), unless such services are provided pursuant to an agreement between the division of medical assistance and the acute hospital. Such rates of payment shall reflect the reasonable costs of providing such care and shall take into account the characteristics of the hospital in which such care is provided, including, but not limited to, its status as a teaching hospital, specialty hospital, disproportionate share hospital or sole community provider. An acute hospital shall, when a medical assistance program recipient requires post emergency room care and, after screening and stabilizing the patient's condition, notify the division of medical assistance or its designated representative and assist said division, to the extent possible, in transferring the recipient to an appropriate medical setting in accordance with said division's direction. Nothing herein shall be construed to require the hospital to breach its obligation under said 42 USC I395(dd) or require the recipient to forego any right to refuse transfer pursuant to said 42 USC 1395(dd). If an acute hospital is unable or prohibited Chap. 151 by law or regulation from transferring the patient in accordance with said division's direction, said division shall pay for any and all care associated with such patient's treatment including, but not limited to, care or services provided in the emergency room or in an inpatient or outpatient setting. Whenever said division is required to pay for such care rendered in a non-emergency room setting, said division shall pay all reasonable costs for such services in such hospital, as determined by the division of health care finance and policy pursuant to this chapter and consistent with the provisions of Title XIX laws. No acute hospital may charge to a governmental unit for services provided to publicly aided patients at a rate higher than the rate payable by the division of medical assistance under Title XIX for the same service, unless such service is provided by said division pursuant to a unique arrangement such as a selective contract or a managed care contract. Nothing in this chapter shall be construed to conflict with the provisions of a waiver of otherwise applicable federal requirements which the division of medical assistance may obtain from the secretary of health and human services for the purpose of implementing a primary care case management system for delivering services, or for the purpose of implementing any other type of managed care service delivery system in which the eligible recipient is directed to obtain services exclusively from one provider or one group of providers. If the division of medical assistance contracts with any third party payer for the provision of medical benefits for medical assistance recipients under Title XIX, said division shall assure that on a quarterly basis such contracted third party payers notify each acute hospital of the number of inpatient days of service provided by the hospital to such recipients covered by such contracts. (c) The division shall establish rates of payment which shall apply to community hospitals located in rural and isolated areas where access to other such providers is not reasonably available. Such hospitals, specially designated by the commonwealth as sole community providers, shall receive payment rates calculated to reflect the rural characteristics of such community hospital and the essential nature of the services they provide, which rates shall not be less than ninety-seven per cent of such hospitals' reasonable financial requirements. Section 12. The division shall not consider the following as resources of such hospitals in the establishment, review or approval of acute and non-acute hospital rates and charges: restricted and unrestricted grants; gifts; contributions; bequests; fund principle; term endowments and endowment balances; restricted gifts; unrestricted gifts and all income from any of the foregoing, including unrestricted income from endowment funds and income and gains from investment of unrestricted funds. The following words shall have the following meanings as used in this paragraph: "Income and gains from investment of unrestricted funds", interest, dividends, rents or other income on investments, including net gains or losses resulting from investment transactions. Chap. 151 "Term endowment", funds available upon termination of restrictions. "Unrestricted gifts", gifts, grants, contributions and bequests, upon which there are no restrictions imposed by the donor. "Unrestricted income from endowment funds", income earned on investment of endowment funds which have no restrictions on income. An acute or non-acute care hospital aggrieved by any action or failure to act by the division under this chapter may file an appeal pursuant to the provision of section nine. Section 13. No acute hospital shall deny access to care and services which the hospital would provide under chapter one hundred and eighteen E to recipients of benefits under chapter one hundred and seventeen A. Section 14. Notwithstanding any provisions of this chapter to the contrary, all costs and charges for patients who are residents of other countries shall, as provided herein, be exempted from the limitations imposed by this chapter. Any hospital shall be allowed to impose a surcharge on the normal charges that would otherwise be allowed for such residents of other countries. Such surcharges shall not be included in the calculation of gross patient service revenues. The normal charge and the patient discharge statistics shall otherwise be included under the provisions of this chapter. Section 15. A health maintenance organization organized under chapter one hundred and seventy-six G may (i) negotiate directly with any hospital with respect to such health maintenance organization's rate of payment for hospital services and (ii) enter into an agreement with such hospital reflecting such rate of payment without the approval of the division of health care finance and policy established under chapter one hundred eighteen G. The specification in this section of contracting rights of health maintenance organizations shall not be construed as affirming or denying such rights with respect to any other third party payer. Section 16. The division shall review and comment upon all capital expenditure projects requiring a determination of need pursuant to the provisions of section twenty-five of chapter one hundred and eleven of the General Laws, including, but not limited to, less costly or more effective alternative financing methods for such projects; the immediate and long-term financial feasibility of such projects; the probable impact of the project on costs of and charges for services; and the availability of funds for capital and operating needs. The division shall transmit to the department of public health its written recommendations on each project which shall become part of the written record compiled by said department during its review of such project. The division shall appear and comment on any application for a determination of need where a public hearing is required pursuant to the provisions of said section twenty-five C of said chapter. To carry out the purposes of this paragraph, the division shall appoint a senior professional employee to act as a liaison with said department. Section 17. Upon petition of a receiver appointed under section seventy-two N of chapter one hundred and eleven, the division shall, in accordance with regulations to be promulgated hereunder, adjust the facility's rate, if necessary, to insure compensation of the Chap. 151 receiver and payment for a bond. Such adjustment shall not be in effect if the licensee is under the jurisdiction of the United States Bankruptcy Court. Section 18. There is hereby established an Uncompensated Care Trust Fund, which shall be administered and expended by the division without further appropriation. The fund shall consist: of all amounts paid by hospitals for the purposes of the uncompensated care pool pursuant to this section; all appropriations for the purpose of uncompensated hospital care; all property and securities acquired by and through the use of monies belonging to the trust fund and all interest thereon; less payments therefrom for the purposes of the pool established by this section. All interest earned on the amounts in said trust fund shall be deposited or retained in said trust fund. The commissioner shall from time to time requisition from said trust fund such amounts as the commissioner deems necessary to meet the current obligations of the division for the purposes of said trust fund and estimated obligations for a reasonable future period. Within said trust fund, the division shall administer an uncompensated care pool consisting of revenues produced by hospital assessments calculated by the division pursuant to this section, federal funds as may be appropriated from federal financial participation made available for uncompensated care payments to certain hospitals, and any sums paid by hospitals pursuant to paragraph (viii) of section fifty-one of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one. For purposes of this paragraph, "revenues produced by hospital assessments" shall equal the value of and have the same meaning as "a hospital's liability to the pool" as established pursuant to this section. The division shall calculate for each hospital a cost to charge ratio to determine the uncompensated care pool's liability to the hospital. In the case of non-disproportionate share hospitals, such calculation shall represent the ratio of the reasonable actual costs of patient care services, as determined by the division, to gross patient service revenue for the most recent year for which audited financial statements for the hospital are available. In the case of disproportionate share hospitals, such calculation shall represent the ratio of the hospital's reasonable financial requirements, as determined by the division, to gross patient service revenue for the most recent year for which audited financial statements for such hospital are available. The division shall, throughout the year, update each acute hospital's ratio in the event more current audited financial statement information becomes available. Said division shall further establish, for each non-disproportionate share acute hospital for any given fiscal year, a final ratio using the reasonable costs for patient care services and gross patient service revenues as appearing in the audited financial statements for the fiscal year. For disproportionate share hospitals, said division shall establish a final ratio based upon its reasonable financial requirements, as defined by the division, and actual gross patient service revenues as appearing in the audited financial statements for the fiscal year. A hospital's liability to the pool shall equal the product of: (a) the ratio of its private sector charges to all hospitals' private sector charges; and (b) the private sector liability to the uncompensated care pool as determined by the general court. In calculating said ratio, Chap. 151 the division shall exclude from the numerator and the denominator private sector charges attributable to non-contracting, non-insured individuals which have exceeded the applicable price cap calculated pursuant to said section fifty-one of said chapter four hundred and ninety-five and other private sector charges in excess of a hospital's maximum gross inpatient service revenue limitation calculated pursuant to said section fifty-one of said chapter four hundred and ninety-five. Prior to the beginning of each hospital fiscal year, the division shall establish each hospital's liability to said pool using the most recent four quarters' private sector charge information available. The division shall update each hospital's liability to said pool as updated information becomes available. For any fiscal year, a hospital's final liability to said pool shall be based upon its actual private sector charges as filed with the division and as adjusted by audit. The pool's liability to a hospital shall be calculated periodically by the division based on the best data available. Such data shall include, but not be limited to, allowable free care charges as determined by the division and the cost-to-charge ratio calculated by the division for each hospital. The division shall specify by regulation an appropriate mechanism for interim determination and payment of a hospital's liability to said pool.. The final settlement of the pool's liability to a hospital shall equal the product of allowable actual free care charges, adjusted for any audit findings, multiplied by its final cost-to-charge ratio. The division shall administer said pool and require payments to the pool and disburse funds from the pool consistent with the hospital's liability to the pool and the pool's liability to the hospital. The division shall specify by regulation appropriate mechanisms that provide for interim determination and payment of a hospital's liability to and from the pool during each fiscal year and for final settlement of the pool for each fiscal year. The division shall not at any time make payments from the pool for any period in excess of amounts that have been paid into or are available in the pool for such period; provided, however, that the division may temporarily prorate payments from the pool for cash flow purposes. In the event that there exist a shortfall of pool revenue in any fiscal year to cover allowable free care payments, the division shall allocate such payments so that those hospitals with the greatest proportional requirement for pool income shall receive a greater proportional payment from the pool. The division shall establish an appropriate mechanism for enforcing a hospital's obligation to the pool in the event that a hospital does not make a scheduled payment to the pool. Such enforcement mechanism shall include notification to the division of medical assistance requiring an offset of payments on a hospital's Title XIX claims from the division of medical assistance in the amount of payment owed to the pool plus a surcharge of five per cent on the amount, and to transfer the withheld funds into said pool. If the division of medical assistance offsets claims payments as ordered by the division, it shall be deemed not to be in breach of contract or any other obligation for payment of non-contracted services, and hospitals to which payment is offset under order of the division shall serve all Title XIX recipients in accordance with the contract then in effect with the division of transitional assistance, or, in the case of a non-contracting or disproportionate share hospital, in accord- Chap. 151 ance with its obligation for providing services to Title XIX recipients pursuant to this chapter. In no event shall the division direct the division of medical assistance to offset claims unless the hospital has maintained an outstanding obligation to the uncompensated care pool for a period longer than forty-five days and has received proper notification of the division's intention in accordance with regulations to be developed by the division. Payments by acute hospitals to the pool, state revenues appropriated for the purposes of the pool and federal financial participation funds deposited in the pool shall be placed in an uncompensated care trust fund established in section eighteen. Amounts placed in the fund may be expended by the division for the purposes of said pool; provided, however, that the division shall establish mechanisms to make payments from the pool to community health centers for free care expenses. Such payments for such free care expenses shall be at the level of actual cost. The division shall manage the pool in order to encourage maximum efficiency and appropriateness in the utilization of acute hospital services and may require utilization review in accordance with section six. Said division may refuse to allow payments to hospitals for free care for which reimbursement is available from other sources including, but not limited to, the medicare program. Said division may adopt regulations prohibiting payments from the pool for the costs of health care provided to residents of foreign countries. Said division may adopt regulations requiring disproportionate share hospitals to use a portion of payments received from the pool to reimburse physicians for the costs of free care which such physicians provide in such hospitals. Said division shall promulgate regulations detailing the definition of free care, including regulations setting standards for reasonable efforts to collect costs of emergency care and standards to determine medical hardship. Said division shall also adopt any other regulations necessary to manage said pool including, but not limited to, regulations providing audit standards for said pool, regulations establishing enforcement mechanisms consistent with this section, and regulations containing reasonable controls on utilization. For fiscal year nineteen hundred and ninety-two only, a hospital's liability to the pool shall equal the product of the uniform statewide allowance previously in effect, multiplied by private sector patient care costs established pursuant to the most recent hospital agreement. This liability shall be calculated net of all payments made by the hospital to the extent it participated in the uncompensated care pool on a voluntary basis prior to the calculations made in accordance with this chapter. For fiscal year nineteen hundred and ninety-two, payments by purchasers and third party payers exclusive of Titles XVIII and XIX and publicly aided patients for purposes of said pool, shall be made using the allowance previously in effect and included in charges. For the purposes of this section, the word "hospital" shall mean "acute hospital" as defined in section one. Section 19. Consistent with this chapter, the division shall establish health insurance programs to improve the access to health care for all residents of the commonwealth who are not covered by a health insurance plan, a self-insurance plan, or a medical assistance program. In establishing said programs, the division shall not operate as an insurance com- Chap. 151 pany but shall make health insurance plans available through the purchase of health insurance coverage, including managed health care plans, from private health insurance companies, a hospital service corporation, a medical service corporation or health maintenance organizations, and through the brokering of health insurance for employers and consumers of health care services. The division shall endeavor to purchase health insurance plans in an economical manner, and shall enroll individuals in managed health care plans wherever practicable. Subject to appropriation or subject to the availability of unappropriated funds, the division shall negotiate with and purchase, on such terms as it deems to be in the best interest of the commonwealth and its enrollees, from one or more insurance companies, hospital service corporations, medical service corporations, or health maintenance organizations, a policy or policies of group general or blanket insurance providing hospital, surgical, medical, and other health insurance benefits covering the following persons: (1) employees and their dependents not eligible for group health insurance partially or fully paid for by employers and who are not enrolled in any other health insurance plans, self-insurance health plans, or medical assistance programs, and (2) all other residents of the commonwealth not enrolled in health insurance plans, self-insurance health plans, or medical assistance programs. The division shall execute all agreements or contracts pertaining to said policies or any amendments thereto for and on behalf and in the name of the division. Said division may negotiate any contract for such term not exceeding three years as it may, in its discretion, deem to be the most advantageous to the division and its enrollees. The division shall endeavor to contract with such insurance companies, a hospital service corporation, or medical service corporations only for managed health care plans or for health insurance plans which employ other methods to reduce costs of health care services. The division shall ensure that every enrollee shall have a choice of at least two plans providing health care insurance benefits. The division shall not allow not more than thirty per cent of the enrollees to be enrolled in a health insurance plan of a single health insurance company, hospital service corporation or health maintenance organization. The division shall promulgate regulations regarding eligibility criteria, enrollment, and termination policies. The division shall establish procedures consistent with the provisions of chapter thirty A by which individuals who participate or are seeking to participate in the health insurance program of the division may appeal determinations of non-eligibility, enrollment, and termination. The division shall allow, on an annual basis, an opportunity for enrollees to transfer their enrollments among participating health insurance plans. The division shall require that any insurance company, hospital service corporation, medical service corporation, or health maintenance organization, that provides health care benefits to enrollees shall establish grievance procedures which are approved by said division and, in the case of actions taken directly by the division, the division shall establish its own grievance procedures. Such procedures shall not be subject to the requirements of chapter thirty A. Chap. 151 Any health insurance plan provided by the division to its enrollees through a contract with a health insurance company, hospital service corporation, medical service corporation, or health maintenance organization, shall provide a reasonable range of health care services to enrollees, shall ensure access to an adequate range of health care providers, shall include any mandated benefits otherwise required by law. Such plan not include access to or coverage of psychiatric and substance abuse providers of non-emergency services delivered in a state other than the commonwealth, unless such services are not provided for or available within the commonwealth. Any such health insurance plan which constitutes a managed health care plan shall provide, at a minimum, the following benefits: inpatient and outpatient acute hospital services, inpatient and outpatient physician services, diagnostic and screening tests, preventive care, prenatal and well-baby care; medically necessary emergency health services; and all other benefits which health maintenance organizations are required by law to provide. For the purposes of this chapter, the term "physician" shall include a podiatrist acting within the limitations imposed by section thirteen of chapter one hundred and twelve. The division may, consistent with business practices in the health insurance industry, pay in advance for any health insurance plan purchased from a health insurance company, hospital service corporation, medical service corporation, or health maintenance organization. The division shall require that any health insurance plan, including a managed health care plan, with which it contracts under this section must submit annually to the division a report of the demographics and utilization patterns of the enrollees. The division shall have the authority to conduct a financial and program audit of any such health insurance plan. Section 20. There is hereby established a Medical Security Trust Fund, which shall be administered and expended by the division without further appropriation. Said fund shall consist of all premiums, fees, contributions, and other monies paid into the state treasury and credited to the trust fund as provided in this chapter; all property and securities acquired by and through the use of monies belonging to the trust fund and all interest thereon; less payments therefrom for payments to health insurance companies, nonprofit hospital and medical service companies and health maintenance organizations, for refunds or abatements for enrollees or former enrollees. All monies appropriated for the use of the department for the purpose of providing health insurance for the uninsured and all monies earned on the amounts in said trust fund shall be deposited or retained in said trust fund. There shall be within said security trust fund at least two separate accounts as follows: (a) a medical security contribution account which shall consist of all employer contributions required pursuant to subsection (b) of section fourteen G of chapter one hundred and fifty-one A, premiums paid by enrollees, other voluntary contributions by other persons or entities, and appropriations from the commonwealth and which shall be used exclusively for the payments of premiums for health insurance plans provided to eligible employees and their families; and Chap. 151 (b) a public sector responsibility account which shall consist of all premiums paid by enrollees, voluntary contributions by other persons and entities, and appropriations from the commonwealth and which shall be used for payments of premiums for health insurance plans provided to all other residents of the commonwealth who lack health insurance. Amounts in said accounts shall be kept separate and not commingled, unless approved by the rate review board established pursuant to paragraph (h) of section fourteen G of chapter one hundred and fifty-one A and a finding by said board that temporary commingling of said accounts is a short-term measure necessary to ensure the solvency of the trust fund. Any amounts so commingled shall be restored to the appropriate account within ninety days. The commissioner shall from time to time requisition from said trust fund such amounts as he deems necessary to meet the current obligations of the department and estimated obligations for a reasonable future period. Section 21. The division may establish programs to enable small businesses to purchase health insurance for their employees at rates which are as equivalent as possible to the rates at which large employers can purchase health insurance. Such programs shall include, but not be limited to, the following: (1) the study of the insurance market and the practices of insurance companies, hospital service corporations, medical service corporations and health maintenance organizations, to determine the causes of the relative unavailability of health insurance plans for small businesses and of disproportionate health insurance premium costs for small businesses and to recommend and develop initiatives and strategies to improve the availability and reduce the relative cost of health insurance for small businesses; (3) the awarding of technical assistance grants to private organizations to assist them to act as brokers on behalf of small businesses seeking to procure health insurance plans; (4) the establishment of a small business health insurance pool for businesses consisting of six or fewer full-time employees, for the purpose of purchasing health insurance plans for employees and their dependents of businesses in the pool, and the study of the expansion of such pool to cover small businesses of up to ten full-time employees; provided, however, that not more than thirty per cent in the aggregate of the employees may be enrolled in a health insurance plan of a single health insurance company, hospital service corporation, or health maintenance organization; (5) the evaluation of the effectiveness of the initiatives of the division and tax incentives in reducing the cost of health insurance to small businesses and the impact of such voluntary incentives on the number of small businesses offering health insurance to their employees; and (6) the management of the health insurance hardship trust fund to protect certain businesses from being overburdened by the contribution required pursuant to section fourteen G of chapter one hundred and fifty-one A. Any small business health insurance pool program established by the division may, subject to appropriation or the availability of unappropriated funds, establish by negotiation with private third-party payors, and purchase on such terms as it deems to be in the best Chap. 151 interest of the commonwealth and enrollees in said program, from one or more insurance companies, hospital service corporations, medical service corporations, or health maintenance organizations, a policy of group general or blanket insurance providing hospital, surgical, medical, and other health insurance benefits covering persons who are the employees and their dependents of small businesses in which the number of full-time employees does not exceed six. The division shall execute all agreements or contracts pertaining to said policies or any amendments thereto for and on behalf of and in the name of the division. Said division may negotiate a contract for such term not to exceed three years as it may, in its discretion, deem to be the most advantageous to the division and the eligible small business employees. The division shall endeavor to purchase health insurance plans in an economical manner and shall enroll individuals in managed health care plans whenever practicable; and provided, further, that the division shall ensure that every enrollee shall have a choice of at least two policies providing health care insurance benefits. The division shall promulgate regulations regarding eligibility criteria, enrollment, and termination policies. The division shall allow, on an annual basis, an opportunity for enrollees to transfer their enrollments among participating health insurance plans. The division shall establish a schedule of premium contributions, co-payments, deductibles, or co-insurance amounts to be paid by eligible small businesses and individual enrollees; provided, however that such schedule shall provide for enrollees to pay one hundred per cent of such premium contributions if their income substantially exceeds the non-farm poverty guidelines of the United States Office of Management and Budget. Section 22. There is hereby established an advisory council to the division to advise on the overall operation arid policy of the division. The council shall consider any item recommended by the commissioner, the chairman of the council, a majority of the council members or by a subcommittee of the council and shall have the right to at least sixty days prior review and comment on any proposed rule or regulation of the division, with the exception of regulations promulgated on an emergency basis. The council shall consist of the commissioner, the commissioners of the departments of medical assistance, transitional assistance, social services, public health and education and the secretaries of the executive offices of health and human services, elder affairs, and administration and finance or their respective designees and sixteen members to be appointed by the commissioner for terms of three years. The commissioner shall fill any vacancy of members so appointed which may occur in the council for the remainder of the unexpired term. Of the appointed members, eight shall be providers of, or representatives of provider organizations, whose rates of reimbursement are determined by the commissioner and eight shall be non-providers with demonstrated experience in the field of consumer advocacy and with no financial interest in any provider of services whose rates of reimbursement are determined by the division. The provider appointees shall reflect the interests and concerns of all providers rendering services for which rates of reimbursement are established by the division. No single provider group, organization of providers, or class of provider shall have more than one representative on said council unless each provider group or class of provider is represented on the council. Two of the non-provider members shall be selected from recommendations by state-wide Chap. 151 organizations representing the interests of the elderly and two non-provider members shall be selected from recommendations made by state-wide labor organizations; provided however, that one of the two non-provider members so selected from recommendations made by state-wide labor organizations shall be selected from recommendations made by the Massachusetts State Labor Council, AFL-CIO. All appointed members shall be reimbursed for their necessary travel expenses incurred in the performance of their duties. The council shall meet at least three times annually and upon the call of the chairman or upon written application to the chairman by any eight members. The council shall annually elect a chairman from among its non-provider members. The council may appoint subcommittees; provided, however, that at all times there are at least four council members on each subcommittee, two of whom are providers and two of whom are non-providers; and provided, further, that at all times the total subcommittee membership consists of equal numbers of providers and non-providers. The subcommittees shall from time to time make recommendations to the division on matters of policy and operation of the division. The council shall be notified at least ten days in advance of any public meeting or hearing scheduled by the division. There shall be an advisory board to advise the division relative to small business access to affordable health care. Such board shall consist of nine members appointed by the commissioner, five of whom shall represent small businesses, one of whom shall be an agent or broker of health insurance, one of whom shall represent a hospital service corporation, one of whom shall represent a health insurance company, and one of whom shall represent a health maintenance organization. Said board shall meet from time to time and shall advise the commissioner on all matters concerning small businesses for which the division is authorized to establish programs, and shall review menu or cafeteria plans, so-called, for the purpose of recommending whether such plans ought to be included as an allowable deduction under subsection (c) of section fourteen G of chapter one hundred and fifty-one A. Said board shall further advise the division on all matters relating to small business health insurance reform in relation to chapter one hundred and seventy-six J. There shall be an advisory board to advise the division on matters relative to the uninsured. Such board shall consist of nine members appointed by the commissioner, three of whom shall be consumer representatives, one of whom shall be an organized labor representative, one of whom shall be a hospital representative, one of whom shall be a community health center representative, one of whom shall be a physician representative, one of whom shall be a health insurance representative, and one of whom shall be a business representative. Such board shall advise the division on all matters relative to the programs of the division to provide health insurance to the uninsured. The commissioner may establish such other advisory boards as he deems necessary to advise it in matters relating to the functions, duties and powers set forth in this chapter. Section 23. The division shall establish a continuing program of investigation and study of the uninsured and underinsured in the commonwealth, including the health insurance needs of the residents of the geographically isolated or rural areas of the commonwealth. Said continuing investigation and study shall examine the overall impact Chap. 151 of programs developed by the division and the division of medical assistance on the uninsured, the underinsured, and the role of employers in assisting their employees in affording health insurance. SECTION 276. The last paragraph of section 21 of chapter 119 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Evidence may include testimony of foster parents or pre-adoptive parents concerning the welfare of a child if such child has been in the care of the foster or pre-adoptive parents for six months or more, and may include the testimony of the child if the court determines that the child is competent and willing, after consultation with counsel, if any, to testify. SECTION 277. Said chapter 119 is hereby further amended by inserting after section 33A, as so appearing, the following section:- Section 33B. Prior to placing a child in family home care, the department, or any private charitable or child-care agency, shall determine whether the child has been adjudicated delinquent for a sexual offense, the commission of arson or any other offense of violence, has admitted to such behavior, or is the subject of a substantiated report of such behavior. If so, the department or agency shall not place the child in any non-secure setting, group home or foster home, unless and until the child has been referred to and evaluated by a qualified diagnostician and such diagnostician determines that the placement is appropriate and safe. If the diagnostician determines that the placement, including situations in which the child remains at home, is appropriate and safe the department or agency responsible for placing the child must prepare and implement a plan to ensure the safety of other children in the home or residence. Such plan must include notification to all adults responsible for supervising the child in the home or residence that the child previously may have engaged in such behavior; education of all persons living in the home or residence about the dangers and methods of preventing such behavior; and provision for appropriate treatment for the child who is being placed. Where the department or other agency makes a referral of such a child to foster home, residential facility, other agencies or organizations, or individuals for the purpose of receiving services, the department or agency shall disclose to the designated recipient of the referral, prior to placement or referral, that the child previously may have engaged in such behavior. SECTION 278. Section 51B of said chapter 119, as so appearing, is hereby amended by adding the following paragraph:- In all cases in which the department determines that a report of abuse or neglect is not substantiated, the department shall notify in writing any and all sources or recipients of information in connection with the investigation that the report of abuse or neglect has not been substantiated, unless the target of the investigation requests that such notification not occur. SECTION 279. Section 1 of chapter 12 IB of the General Laws, as so appearing, is hereby amended by striking out the words "department of community affairs", in line 69, and inserting in place thereof the following words:- division of housing and community development. Chap. 151 SECTION 280. Section twenty-eight of said chapter one hundred and twenty-one B is hereby repealed. SECTION 281. Section 6A of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the words: "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. SECTION 282. Section 9 of said chapter 123A, as so appearing, is hereby amended by striking out, in line 46, the words "public safety" and inserting in place thereof the following words:- the colonel of state police,- and by striking out, in line 45, the word "commissioners" and inserting in place thereof the word:- commissioner. SECTION 283. Section 1 of chapter 124 of the General Laws, as so appearing, is hereby amended by striking out, in line 15, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. SECTION 284. Chapter 127 of the General Laws is hereby amended by inserting after section 16 the following section-Section 16A. The commissioner may include in the rules and regulations promulgated pursuant to the provisions of section forty-eight provisions for the reimbursement of medical expenses by persons incarcerated in department of correction pre-release facilities. SECTION 285. Section 23 of said chapter 127, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 10, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. SECTION 286. Section 25 of said chapter 127, as so appearing, is hereby amended by striking out, in line 10, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. SECTION 287. Section 27 of said chapter 127, as so appearing, is hereby amended by striking out, in line 4, the words "public safety" and inserting in place thereof the following word:- correction. SECTION 288. Section 29 of said chapter 127, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of state police. SECTION 289. Section 14 of chapter 131 of the General Laws, as most recently amended by section 25 of chapter 15 of the acts of 1996, is hereby further amended by striking out, in line 4, the word "January" and inserting in place thereof the following word:- July. SECTION 290. Said chapter 131 is hereby further amended by striking out section 31 and inserting in place thereof the following section-Section 31. The director is authorized to issue permits for the operation of commercial shooting preserves. Any person desiring to operate a commercial shooting preserve shall make application therefor on forms to be furnished by the director. The director may, upon receipt of a fee, the amount of which shall be determined annually by the Chap. 151 commissioner of administration and finance under the provisions of section three B of chapter seven of the General Laws, issue to such applicant a commercial shooting preserve permit. A commercial shooting preserve shall consist of a single parcel of land containing not less than one hundred acres nor more than five hundred acres. A permit to operate a commercial shooting preserve shall, notwithstanding any provision of law to the contrary, entitle the holder and his guests to kill and take on such preserve, by shooting or falconry only, such native or non-native game birds as shall be determined by the director. Every person hunting on such commercial shooting preserve or participating in a shoot held on a commercial shooting preserve permit shall possess a valid resident or nonresident hunting or sporting license or a resident or nonresident commercial shooting preserve license, good only on commercial shooting preserves; provided, however, that a person purchasing a resident or nonresident commercial shooting preserve license shall be exempt from the provisions of section fourteen; provided, further, that such exemption shall be applicable only to one who purchases a resident or nonresident commercial shooting preserve on no more than four separate occasions in any calendar year. Tags and posters, if used, shall be supplied by the director at a cost to be determined annually by the commissioner of administration and finance under the provision of said section three B of said chapter seven. The director may, with the approval of the fisheries and wildlife board, establish rules and regulations relating to commercial shooting preserves including but not limited to species of game birds hunted, liberation requirements, posting, period of operation, record keeping and classes of preserves, and may in like manner alter, amend, or repeal the same. Any permit issued under this section may be revoked by the director for violation of any provision of this section or any rule or regulation established hereunder. SECTION 291. The last paragraph of section 77 of said chapter 131, as amended by chapter 290 of the acts of 1995, is hereby further amended by adding the following two sentences:- Said regulations shall include provisions requiring the purchaser of a ferret to insure that the required treatment and inoculations specified in this section are received by the ferret if as a result of domestication of the ferret such procedures and inoculations are impractical and not accomplished before sale. Said regulations shall require the seller of such ferrets to maintain records which document the purchaser and the date of purchase and such records shall be kept available for inspection by the director. SECTION 292. Chapter 132 of the General Laws is hereby amended by adding the following section-Section 51. Mount Wachusett Community College is hereby authorized to establish a Forest and Wood Products Education and Development Center and to establish experimental sites throughout the commonwealth for the purpose of achieving its mission. Said center shall be established for the purposes of (1) promoting the effective management of the private and public forests of the commonwealth and assisting private enterprise in the creation, maintenance, expansion and marketing of forest-related and wood-related products, and (2) promoting education in the skills, technologies and sciences relevant to the creation Chap. 151 maintenance and improvement of both commercial wood products and a healthy and sustainable forest resource, in consultation and conjunction with the state extension service, the department of forest and wildlife management at the university of Massachusetts, the department of environmental management, the metropolitan district commission, the Forest Service of the United States Department of Agriculture, school systems within the north central Massachusetts region, students in secondary, post-secondary and graduate levels, timber harvesters, foresters, wood product industry owners, managers and employees, forest land owners, and municipal officials. There shall be an advisory board constituted for the general purpose of oversight of said center. Said board shall consist of not more than seventeen members, including the president of Mount Wachusett community college, the chief forester of the department of environmental management, the chief forester of the metropolitan district commission, the extension forester at the university of Massachusetts; the forest industry specialist at the Massachusetts office of business development, and the forest products and processing specialist of the Northeastern division of the division of state and private forestry of the United States Forest Service. The president of Mount Wachusett community college shall appoint six additional members from the following organizations: the Massachusetts Wood Products Manufacturers Association, the Massachusetts Wood Producers Association, and the Massachusetts Timber Harvesters Association. Said board shall also include a member of the senate appointed by the senate president and a member of the house of representatives appointed by the speaker of the house of representatives. Upon his election, the advisory board chairman shall appoint two additional members concerned with the issues of private forest landowners, and four additional members from the general public who have an interest in furthering the goals and workings of the center. All members shall serve two-year terms. SECTION 293. Clause (50) of section 6 of chapter 136 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 162 and 163, the words "department of labor and industries" and inserting in place thereof the following words:- office of the attorney general. SECTION 294. Section 23 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:- Whenever, in the opinion of the local licensing authorities, any applicant for a license under section twelve, fourteen, fifteen or thirty A fails to establish to their satisfaction his compliance with the requirements of this chapter, or any other reasonable requirements which they may from time to time make with respect to licenses under said sections, respectively, or to the conduct of business by any licensee thereunder, said authorities may refuse to issue or reissue to such applicant any such license; and whenever in their opinion any holder of such a license fails to maintain compliance with this chapter or it appears that alcoholic beverages are being or have been sold, served or drunk therein in violation of any provision of this chapter, they may, after hearing or opportunity therefor, modify, suspend, revoke or cancel such license, or may levy a fine in accordance with regulations as stipulated Chap. 151 by the alcoholic beverage control commission not to exceed two thousand dollars; provided, however, that no local licensing authority shall require the holder of a license issued under the provisions of section fifteen, for the sale of wines and malt beverages only, to cover such beverages on Sundays or legal holidays. The local licensing authorities shall transfer the amount of any fines to the treasurer and receiver general within thirty days of receipt for deposit into the local aid fund. Each local licensing authority shall submit a quarterly report to the alcoholic beverage control commission identifying the name and address of each person or entity from whom a fine was collected, the amount of the fine, the violation for which the fine was assessed, and the date on which the fine was transferred by the local licensing authority to the treasurer. Whenever the local licensing authorities deny an application for a new license, refuse to issue a license or modify, suspend, revoke or cancel a license, deny an application for transfer of location or between persons or change of a description of the licensed premises, or levy a fine, the licensing authorities shall mail a notice of such action to the applicant or licensee, stating the reasons for such action and shall at the same time mail a copy of such notice to the commission. SECTION 295. The fifth paragraph of section 23 of said chapter 138, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- In investigating any violation by a licensee, the commission shall endeavor to avoid duplicating similar investigations by local licensing authorities. SECTION 296. Section 23A of said chapter 138, as so appearing, is hereby amended by adding the following sentence:- In investigating any violation by a licensee, the commission shall endeavor to avoid duplicating similar investigations by local licensing authorities. SECTION 297. Section 51 of said chapter 138, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 298. Said section 51 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 4, the word "commissioner" and inserting in place thereof the following word:- colonel. SECTION 299. Section 87 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 300. Section 121 of said chapter 140, as so appearing, is hereby amended by striking out, in line 2, the word "thirty-one F" and inserting in place thereof the following word:- thirty-one J. SECTION 301. Said section 121 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words "commissioner of the department of public safety and the commissioner" and inserting in place thereof the following words:- colonel of the state police and the colonel. SECTION 302. Section 121A of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "firearms identification section of the Chap. 151 department of public safety" and inserting in place thereof the following words:- department of the state police. SECTION 303. Section 122 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words "commissioner of public safety" and inserting in place thereof the following words:- department of the state police. SECTION 304. Said section 122 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the word "commissioner" and inserting in place thereof the following words:- department of the state police. SECTION 305. Said section 122 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 17, the word "commissioner" and inserting in place thereof the following word:- colonel of state police. SECTION 306. Said chapter 140 is hereby further amended by striking out section 122A, as so appearing, and inserting in place thereof the following section: - Section 122A. The licensing authority, under section one hundred and twenty-two, shall record all issued licenses in books, forms or electronic files kept for that purpose, and upon the granting of any such license or renewal thereof or renewal of an expired license shall send notice thereof to the criminal history systems board in a manner prescribed by the executive director of said criminal history systems board; provided, however, that said executive director shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of such license information. The executive director of the criminal history systems board, upon the application of the licensee, at a price not in excess of the cost thereof, shall furnish said licensee with the necessary sales record books to be kept by him as provided in section one hundred and twenty-three. SECTION 307. Section 122B of said chapter 140, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 308. Said section 122B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 25, the words "commissioner of public safety" and inserting in place thereof the following words:- secretary of the executive office of public safety. SECTION 309. Section 123 of said chapter 140, as so appealing, is hereby amended by striking out, in lines 7 and 8, and 25 and 26, the words "commissioner of public safety", each time they appear, and inserting in place thereof, in each instance, the following words:- executive director of the criminal history systems board. SECTION 310. Said section 123 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 56, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 311. Said section 123 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 59, the word "commissioner" and inserting in place thereof the following words:- executive director. Chap. 151 SECTION 312. Section 125 of said chapter 140, as so appearing, is hereby amended by striking out, in line 11, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 313. Section 127 of said chapter 140, as so appearing, is hereby amended by striking out, in line 6, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 314. Section 128A of said chapter 140, as so appearing, is hereby amended by striking out, in line 27, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 315. Said section 128A of said chapter 140, as so appearing, is hereby further amended by striking out, in line 28, the word "commissioner" and inserting in place thereof the following words:- executive director. SECTION 316. Section 128B of said chapter 140, as so appearing, is hereby amended by striking out, in line 11, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 317. Section 129B of said chapter 140, as so appearing, is hereby amended by striking out, in lines 50, 55 and 62, the words "commissioner of public safety", each time it appears, and inserting in place thereof, in each instance, the following words:- executive director of the criminal history systems board. SECTION 318. Section 129C of said chapter 140, as so appearing, is hereby amended by striking out, in line 13, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 319. Said section 129C of said chapter 140, as so appearing, is hereby further amended by striking out, in line 16, the word "commissioner" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 320. Said section 129C of said chapter 140, as so appearing, is hereby further amended by striking out, in line 29, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 321. Said section 129C of said chapter 140, as so appearing, is hereby further amended by striking out, in line 31, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 322. The fourth paragraph of said section 129C of said chapter 140, as so appearing, is hereby amended by adding the following clause:- (u) Any nonresident who is eighteen years of age or older at the time of acquiring a rifle or shotgun from a licensed firearms dealer; provided, however, that such nonresident must hold a valid firearms license from his state of residence; provided, further, that the licensing requirements of such nonresident's state of residence are as stringent as the requirements of the commonwealth for a firearm identification card, as determined by the Chap. 151 colonel of the state police who shall, annually, publish a list of those states whose requirements comply with the provisions of this clause. SECTION 323. Section 129D of said chapter 140, as so appearing, is hereby amended by striking out, in line 22, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 324. Said section 129D of said chapter 140, as so appearing, is hereby further amended by striking out, in line 26, the word "commissioner" and inserting in place thereof the following words:- secretary of the executive office of public safety. SECTION 325. Section 131 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 2 and 23, the words "commissioner of public safety", each time they appear, and inserting in place thereof, in each instance, the following words:- colonel of the state police. SECTION 326. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 3 and 9, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following word:- colonel. SECTION 327. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 37, 60, 79, 88, 96, 97 and 104, the words "commissioner of public safety", each time they appear, and inserting in place thereof, in each instance, the following words:- executive director of the criminal history systems board. SECTION 328. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 94, the words "commissioner of public safety" and inserting in place thereof the following words:- department of the state police. SECTION 329. Said section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 120, the words "commissioner of the department of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 330. Section 131A of said chapter 140, as so appearing, is hereby amended by striking out, in line 6, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 331. Said section 131A of said chapter 140, as so appearing, is hereby further amended by striking out, in line 13, the words "commissioner of public safety" and inserting in place thereof the following words:- executive director of the criminal history systems board. SECTION 332. Said section 131A of said chapter 140, as so appearing, is hereby further amended by striking out, in line 15, the word "commissioner" and inserting in place thereof the following words:- executive director. SECTION 333. Section 131F of said chapter 140, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. Chap. 151 SECTION 334. Said section 13 IF of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 7 and 10, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following word:- colonel. SECTION 335. Section 131H of said chapter 140, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 336. Said section 131H of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 7, 10, 15 and 17, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following word:- colonel. SECTION 337. Section 145 A of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word "any", in line 2, the word:- uninsured. SECTION 338. Section 24 of chapter 147 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 339. Section 25 of said chapter 147, as so appearing, is hereby amended by striking out, in lines 1,13 and 19, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- colonel of the state police. SECTION 340. Said section 25 of said chapter 147, as so appearing, is hereby further amended by striking out, in line 21, the word "commissioner" and inserting in place thereof the following word:- colonel. SECTION 341. Section 27 of said chapter 147, as so appearing, is hereby amended by striking out, in line 13, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 342. Section 28 of said chapter 147, as so appearing, is hereby amended by striking out, in line 18, the word "commissioner" and inserting in place thereof the following words:- colonel of the state police. SECTION 343. Section 29 of said chapter 147, as so appearing, is hereby amended by striking out, in lines 7 and 15 the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- colonel of the state police. SECTION 344. Section 31 of said chapter 147, as so appearing, is hereby amended by striking out, in lines 3 and 5, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- executive director of the criminal justice training council. SECTION 345. Section 1 of chapter 148 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Commissioner". SECTION 346. Said section 1 of said chapter 148, as so appearing, is hereby further amended by striking out, in line 6, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 347. Said section 1 of said chapter 148, as so appearing, is hereby further Chap. 151 amended by striking out, in lines 7 and 8, the words "prevention of the department of public safety" and inserting in place thereof the following words:- safety of the department of fire services. SECTION 348. Said section 1 of said chapter 148, as so appearing, is hereby further amended by striking out the definition of "Inspector". SECTION 349. Said section 1 of said chapter 148, as so appearing, is hereby further amended by inserting after the word "marshal" in line 33, the second time it appears, the following words:- or his designee. SECTION 350. Said section 1 of said chapter 148, as so appearing, is hereby further amended by striking out, in line 35, the words "fourteen of chapter twenty-two" and inserting in place thereof the following words:- four of chapter twenty-two D. SECTION 351. Section 2 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "in his office" and inserting in place thereof the following words:- or cause to be kept. SECTION 352. Section 3 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "some person designated by the commissioner" and inserting in place thereof the following words:- his designee. SECTION 353. Section 4 of said chapter 148, as so appearing, is hereby amended by striking out, in line 1, the words "an inspector". SECTION 354. Said section 4 of said chapter 148, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words "fourteen of chapter twenty-two" and inserting in place thereof the following words:- four of chapter twenty-two D. SECTION 355. Section 10 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "fourteen of chapter twenty-two" and inserting in place thereof the following words:- four of chapter twenty-two E). SECTION 356. Said section 10 of said chapter 148, as so appearing, is hereby further amended by striking out, in line 8, the word "commissioner" and inserting in place thereof the following word:- marshal. SECTION 357. Section 10A of said chapter 148, as so appearing, is hereby amended by striking out, in line 16, the word "commissioner" and inserting in place thereof the following word:- marshal. SECTION 358. Section 11 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 1 and 7, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following word:- marshal. SECTION 359. Section 30 of said chapter 148, as so appearing, is hereby amended by striking out, in line 11, the words "the commissioner,". SECTION 360. Section 33 of said chapter 148, as so appearing, is hereby amended by inserting after the word "jurisdiction", in line 12, the following words:- and may order the director of the division of fire safety to assist. SECTION 361. Section 37 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 4, 5 and 9, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following word:- marshal. Chap. 151 SECTION 362. Section 38B of said chapter 148, as so appearing, is hereby amended by striking out the definition of "Department" and inserting in place thereof the following definition:- "Department", the department of fire services. SECTION 363. Said section 38B of said chapter 148, as so appearing, is hereby further amended by striking out, in line 50, the words "commissioner of public safety" and inserting in place thereof the following words:- state fire marshal. SECTION 364. Section 50 of said chapter 148, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words "an inspector" and inserting in place thereof the following words:- a police officer, the marshal. SECTION 365. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:- "Commissioner", the director of labor and workforce development. SECTION 366. Said section 1 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 28, the word "industries" and inserting in place thereof the words:- workforce development. SECTION 367. Said section 1 of said chapter 149, as so appearing, is hereby further amended by striking out the definition of "Inspector" and inserting in place thereof the following definition:- "Inspector", an inspector of the department or of the office of the attorney general. SECTION 368. Section 2 of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 369. Section 3 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 and 2, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 370. Section 5 of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 371. Said section 5 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 4, the word "It" and inserting in place thereof the following word:- He. SECTION 372. Said section 5 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 6, the word "its" and inserting in place thereof the following word:- his. SECTION 373. Section 6 of said chapter 149, as so appearing, is hereby amended by inserting after the word "shall", in lines 1 and 9, the following words:- or the attorney general may. SECTION 374. Section 10 of said chapter 149, as so appearing, is hereby amended by inserting after the word "department", in line 2, the following words:- or the attorney general's office. Chap. 151 SECTION 375. Section 17 of said chapter 149, as so appealing, is hereby amended by striking out, in line 4, the words "industrial safety" and inserting in place thereof the following words:- occupational safety. SECTION 376. Section 20E of said chapter 149, as so appearing, is hereby amended by inserting after the word "department", in line 39, the following words:- or the attorney general. SECTION 377. Section 29 of said chapter 149, as so appearing, is hereby amended by striking out, in line 114, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 378. Section 30 of said chapter 149, as so appearing, is hereby amended by striking out, in line 22, the words "commissioner of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 379. Section 44A of said chapter 149, as so appearing, is hereby amended by striking out, in lines 138 and 139, the words "commissioner of labor and industries" and, in lines 144 and 145, the words "commissioner of the department of labor and industries" and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 380. Said section 44A of chapter 149, as so appearing, is hereby further amended by striking out, in line 147, the words "commissioner or commissioners" and inserting in place thereof the following word:- officers. SECTION 381. Section 44C of said chapter 149, as so appearing, is hereby amended by striking out, in line 3, the word "twenty-three" and inserting in place thereof the following word:- twenty-nine. SECTION 382. Section 44D of said chapter 149, as so appearing, is hereby amended by striking out, in line 95, the words "commissioner of labor and industries", and, in lines 97,98 and 101, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 383. Subsection (1) of section 44F of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "Every" and inserting in place thereof the following words:- (a) Every. SECTION 384. Said subsection (1) of said section 44F of said chapter 149, as so appearing, is hereby further amended by adding the following paragraph:- In order to submit a sub-bid in connection with a contract subject to section forty-four A for a sub-trade designated in item 2 of the general bid form in section forty-four E, a sub-bidder must customarily perform the work of that sub-trade with employees on his own payroll who are mechanics or laborers as referred to in section twenty-six, except for any part of that sub-trade customarily performed by subcontractors. Upon entering into the subcontract, the sub-bidder shall perform the work of that sub-trade with employees on his own payroll who are mechanics or laborers as referred to in section twenty-six, except for any part of that sub-trade customarily performed by subcontractors. Chap. 151 SECTION 385. Subsection (2) of said section 44F of said chapter 149, as so appearing, is hereby amended by striking out, in line 53, the word "forty-four F" and inserting in place thereof the following word:- forty-four E. SECTION 386. Section 44H of said chapter 149, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "commissioner of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 387. Subsection (7) of section 44J of said chapter 149, as so appearing, is hereby amended by inserting after the word "section", in line 44, the following words:- , or of the third paragraph of subsection (1) of section forty-four F,. SECTION 388. Section 51A of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 389. Section 52C of said chapter 149, as so appearing, is hereby amended by striking out, in lines 66 and 67 and in lines 78 and 79, the words "Department of Labor and Industries", each time they appear, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 390. Section 54 of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 391. Section 56 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 14, 63 and 67, the word "department", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 392. Said section 56 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 29, 35, 45, 50, 70, 83 and 84, and 85, the word "commissioner" and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 393. Section 60 of said chapter 149, as so appearing, is hereby amended by striking out, in line 22, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 394. Section 63 of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 395. Section 74 of said chapter 149, as so appearing, is hereby amended by striking out, in line 13, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 396. Section 75 of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the words "department, after approval by the". SECTION 397. Section 83 of said chapter 149, as so appearing, is hereby amended by inserting after the words "police officer", in line 11, the following word:- , inspector. SECTION 398. Section 94 of said chapter 149, as so appearing, is hereby amended by inserting after the word "attendance", in line 1, the following words:- , representatives of the office of the attorney general. Chap. 151 SECTION 399. Section 101 of said chapter 149, as so appearing, is hereby amended by striking out, in line 3, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 400. Section 105 A of said chapter 149, as so appearing, is hereby amended by striking out, in lines 20 and 25, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 401. Section 105B of said chapter 149, as so appearing, is hereby amended by striking out, in line 5, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 402. Section 105C of said chapter 149, as so appearing, is hereby amended by striking out, in line 3, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 403. Section 111 of said chapter 149, as so appearing, is hereby amended by striking out, in line 4, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 404. Section 113 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 9 and 15, the word "department", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 405. Said section 113 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 14 and 16, each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 406. Section 114 of said chapter 149, as so appearing, is hereby amended by striking out, in line 7, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 407. Section 115 of said chapter 149, as so appearing, is hereby amended by striking out, in line 6, the word "department", each time it appears, and inserting in place thereof the following words:- attorney general. SECTION 408. Section 116 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 3 and 5, the word "department", each time it appears, and inserting in place thereof, in each instance, the following words:- office of the attorney general. SECTION 409. Section 120 of said chapter 149, as so appearing, is hereby amended by striking out, in line 11, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 410. Section 126 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 2 and 13, the word "department", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 411. Said section 126 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 12, the words "public safety" and inserting in place thereof the following words:- fire services. SECTION 412. Section 129A of said chapter 149, as so appearing, is hereby amended by striking out, in line 7, the word "department" and inserting in place thereof the following words:- attorney general. Chap. 151 SECTION 413. Section 135 of said chapter 149, as so appearing, is hereby amended by striking out, in line 4, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 414. Section 142G of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the words "department of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 415. Section 145 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "commissioner may, and on petition of fifty or more residents of the commonwealth shall," and inserting in place thereof the following words:- attorney general may. SECTION 416. Said section 145 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 11 and 17, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 417. Section 146 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1, 8, 9 and 11, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 418. Section 147 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 5, 8, 12, 17, 23, 25, 27, 32 and 33, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 419. Section 147A of said chapter 149, as so appearing, is hereby amended by striking out, in lines 3, 6, 9, 16, 23 and 26, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 420. Section 147C of said chapter 149, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 421. Section 147D of said chapter 149, as so appearing, is hereby amended by striking out, in line 4, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 422. Section 147E of said chapter 149, as so appearing, is hereby amended by striking out, in line 1, the word "department" and inserting in place thereof the following word:- attorney general. SECTION 423. Said section 147E of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words "commissioner and the authorized representatives of the department" and inserting in place thereof the following words:- attorney general or his authorized representatives. SECTION 424. Section 147F of said chapter 149, as so appearing, is hereby amended by striking out, in lines 3, 8,12, 14,15, 18 and 21, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. Chap. 151 SECTION 425. Section 147G of said chapter 149, as so appearing, is hereby amended by striking out, in lines 6, 11 and 14, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 426. Section 148 of said chapter 149, as so appearing, is hereby amended by striking out, in line 32, the word "commissioner" and inserting in place thereof the following words:- attorney general. SECTION 427. Said section 148 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 95 and 96, the words "commissioner of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 428. Section 150 of said chapter 149, as so appearing, is hereby amended by striking out, in lines 1 and 20, the word "department", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 429. Section 183 of said chapter 149, as so appearing, is hereby amended by striking out the definitions of "Commissioner" and "Department". SECTION 430. Said section 183 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 129, the word "department." and inserting in place thereof the following words:- attorney general. SECTION 431. Said section 183 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 136, the words "department of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 432. Said section 183 of said chapter 149, as so appearing, is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:- (h) The attorney general may promulgate such rules and regulations as may be required for the implementation of this section. SECTION 433. Section 184 of said chapter 149, as so appearing, is hereby amended by striking out the definitions of "Commissioner" and "Department". SECTION 434. Said section 184 of said chapter 149, as so appearing, is hereby further amended by striking out, in line 98, the word "department" and inserting in place thereof the following words:- attorney general. SECTION 435. Said section 184 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 105 and 106, the words "department of labor and industries" and inserting in place thereof the following words:- attorney general. SECTION 436. Said section 184 of said chapter 149, as so appearing, is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:- (h) The attorney general may promulgate such rules and regulations as may be required for the implementation of this section. SECTION 437. Section 3 of chapter 150B of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "commissioner" and inserting in place thereof the following words:- secretary of the executive office. Chap. 151 SECTION 438. Section IB of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17 and in lines 20 and 21, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 439. Section 2 of said chapter 151, as so appearing, is hereby amended by striking out, in lines 4 to 6, the definition of "Commissioner". SECTION 440. Said section 2 of said chapter 151, as so appearing, is hereby further amended by striking out, in line 10, the words "and the wage board". SECTION 441. Said section 2 of said chapter 151, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words "and industries", each time they appear, and inserting in place thereof the words:- and workforce development. SECTION 442. Section 3 of said chapter 151, as so appearing, is hereby amended by striking out, in lines 1 and 14, the words ", or his authorized representative", each time they appear, and inserting in place thereof, in each instance, the following words:- or the attorney general, or their authorized representatives. SECTION 443. Said section 3 of said chapter 151, as so appearing, is hereby further amended by inserting after the word "commissioner", in line 11, the following words:- or the attorney general. SECTION 444. Section 15 of said chapter 151, as so appearing, is hereby amended by striking out, in line 5, the words "in his" and inserting in place thereof the following words:- or the attorney general in their. SECTION 445. Said section 15 of said chapter 151, as so appearing, is hereby further amended by striking out, in lines 9 and 12, the word "his", each time it appears, and inserting in place thereof, in each instance, the following words:- the attorney general, or their. SECTION 446. Said section 15 of said chapter 151, as so appearing, is hereby further amended by inserting after the word "commissioner", in line 13, the following words:- or the attorney general. SECTION 447. Section 17 of said chapter 151, as so appearing, is hereby amended by inserting after the word "department", in line 2, the following words:- or of the attorney general. SECTION 448. Section 20 of said chapter 151, as so appearing, is hereby amended by striking out, in lines 12 and 16, the word "commissioner", each time it appears, and inserting in place thereof, in each instance, the following words:- attorney general. SECTION 449. Section 1 of chapter 151A of the General Laws, as so appearing, is amended by striking out subsection (e'A) and inserting in place thereof the following subsection:- (e'/i) "Commissioner", the director of the department of labor and workforce development established pursuant to the provisions of section one of chapter twenty-three, acting by and through the deputy director of the division of employment and training established by section three of chapter twenty-three. Chap. 151 SECTION 450. Section 1 of said chapter 151 A, as so appearing, is hereby further amended by inserting a new subsection (g):- (g) "Department", the division of employment and training within the department of labor and workforce development. SECTION 451. Section 14G of chapter 151A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 67, the words "chapter one hundred and eighteen F" and inserting in place thereof the words:- subsection (1). SECTION 452. The second paragraph of subsection (h) of said section 14G of said chapter 151 A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- On or before November thirtieth of each year, the department shall certify to said board the estimated costs for the subsequent year of health insurance coverage provided for individuals and their families who (1) are eligible for the health insurance program established by subsection (1) for individuals receiving unemployment compensation and or (2) are eligible for the health insurance program established by section nineteen of chapter one hundred and eighteen G. SECTION 453. Subsection (i) of said section 14G of said chapter 151 A, as so appearing, is hereby amended by striking out the second paragraph. SECTION 454. Subsection (k) of said section 14G of said chapter 151 A, as so appearing, is hereby amended by striking out, in lines 187 and 188, the words "and the provisions of section nine of chapter one hundred and eighteen F,- by striking out, the last sentence. SECTION 455. Said section 14G of said chapter 151 A, as so appearing, is hereby further amended by adding the following two subsections:- (1) The department shall establish and may operate a health insurance program for the benefit of persons who meet both of the following criteria: (1) the person is receiving or is eligible to receive unemployment compensation benefits under this chapter, including extended benefits under the provisions of section thirty A or extended unemployment compensation benefits, hereinafter referred to as EUC benefits, under the federal Emergency Unemployment Compensation Act of 1991 or any other federal act; and (2) the gross income of the person and the person's spouse, if any, including any income received from unemployment benefits, extended benefits or EUC benefits as provided in clause (1), is less than or equal to four times the non-farm poverty guidelines of the United States Office Of Management and Budget. The health insurance program administered by the department shall consist of the following options: a buy-in option called the continuation plan under which the department shall subsidize a qualified person's continued enrollment in the health insurance plan to which they belonged at the time of, or prior to, applying for unemployment compensation benefits, including persons whose continued eligibility for said enrollment is based on the federal COBRA law, so-called; as well as an option called the direct coverage plan which shall consist of a limited plan of health care services and benefits to be administered by the department. To qualify for benefits under this section, the department shall require that ap- Chap. 151 plicants maintain continued enrollment in the health insurance plan in which they were enrolled prior to applying for unemployment compensation benefits, or as permitted by the federal COBRA law. Persons so qualified shall be ineligible for enrollment in the direct coverage plan and the department shall subsidize enrollees' continued health insurance plan by reimbursing said enrollees for a portion of their premium cost in accordance with the department's benefits schedule. Persons unable to qualify for COBRA benefits, so-called, due to lack of access to prior health insurance coverage through their former employer or their spouse's employer or a hardship determined by the department, shall be eligible for the direct coverage plan pursuant to the eligibility requirements of this section. The department shall establish a schedule of co-payments and deductibles within the direct coverage plan which shall promote the cost-effective use of services by participants in the program. The department shall establish procedures for the calculation of the gross income of an applicant or the applicant's spouse, if any, for the purposes of determining eligibility under a health insurance plan established under this section. Such procedures shall provide that in determining the income of the applicant or the applicant's spouse, if any, the department shall examine the gross income of the applicant and the applicant's spouse, if any, in the six months prior to application, and a projection of the gross income of the applicant and the applicant's spouse, if any, including a calculation of the maximum benefits payable to the applicant and the applicant's spouse, if any, from unemployment benefits, extended benefits or EUC benefits, for the six months after application. Such procedures shall also make provisions for the redetermination of eligibility for an enrollee or the enrollee's family. The department shall establish grievance procedures under which any decision, action or inaction of the department which directly affects an enrollee or the enrollee's family, and is related to the receipt of benefits under this section can be revived. The department shall establish appeal procedures under which an applicant may appeal a denial of benefits in whole or in part or may appeal a determination of income, or under which an enrollee may appeal termination from the program. For the purposes of this section the words "family members" of the applicant or enrollee shall include the applicant or enrollee, a spouse, and any legal dependents. The department shall prepare reports on the status of the program established in this section, and submit such reports annually on the first Wednesday in January, April, July, and October to the joint committee on health care and the house and senate committees on ways and means. Such report shall include, but not be limited to, the number of enrollees in the program for the previous quarter, the amount of benefits paid out in the previous quarter, and the end of quarter balance in the Medical Security Trust Fund established in subsection (m). The commissioner is hereby authorized to delegate, by means of an interagency service agreement, to another state agency the authority to manage and administer the health insurance program established by this subsection, (m) There is hereby established a medical security contribution trust fund, which shall be administered and expended by the department without further appropriation. Said trust fund shall consist of employer unemployment health insurance contributions required by subsection (a) and pre- Chap. 151 miums paid by enrollees. Said fund shall be used exclusively for the payments of premiums for health insurance plans provided to persons receiving unemployment compensation. The commissioner shall from time to time requisition from said trust fund such amounts as he deems necessary to meet the current obligations of the department and estimated obligations for a reasonable future period. SECTION 456. Chapter 151A of the General Laws is hereby further amended by inserting after section 29D the following new section-Section 29E. (a) The deputy director shall notify in writing each individual who files a new initial claim for benefits under this chapter, at the time of filing such claim, that: (1) any payments of unemployment compensation as defined in section 85(b) of the Internal Revenue Code received under this chapter are subject to federal and state income tax; (2) receipt of such payments may require the individual to make quarterly estimated payments of federal and state income tax; and (3) the individual may elect, in accordance with the procedures prescribed by the commissioner, to have federal and state income tax deducted and withheld from such payments of unemployment compensation. (b) If an individual has made an election in accordance with subsection (a) to have federal income tax deducted and withheld from such individual's payments of unemployment compensation, the deputy director shall have an amount equal to fifteen percent of the amount payable to such individual under the provisions of subsection (a), (b) or (d) of section twenty-nine, whichever is applicable, including any amount payable under subsection (c) of said section twenty-nine, rounded to the next lower full dollar amount if it includes a fractional part of the dollar, deducted and withheld from any payment of unemployment compensation under this chapter. (c) If an individual has made an election in accordance with subsection (a) to have state income tax deducted and withheld from such individual's payments of unemployment compensation, the deputy director shall have an amount equal to five and ninety-five hundredths percent of the amount payable to such individual under the provisions of subsection (a), (b) or (d) of section twenty-nine, whichever is applicable, including any amount payable under subsection (c) of said section twenty-nine, rounded to the next lower full dollar amount if it includes a fractional part of a dollar, deducted and withheld from any payment of unemployment compensation under this chapter. (d) Any amounts deducted and withheld under this section shall remain in the Unemployment Compensation Fund until transferred to the federal and state taxing authority. (e) The deputy director shall allow any individual who has made an election in accordance with subsection (a) to change such election. (f) The deputy director, with the approval of the director of labor and workforce development, shall deduct and withhold any amounts under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations or any other amounts required to be deducted and withheld under this chapter. Where the amount deductible under either subsection (b) or subsection (c) of this Chap. 151 section is greater than the amount payable after applying all other deductions, the amount deductible shall not exceed such payable amount. The commissioner shall promulgate regulations, consistent with the provisions of the foregoing paragraph, establishing the priorities of amounts to be deducted and withheld under this section. (g) The deputy director shall follow all procedures specified by the United States Department of Labor, the Federal Internal Revenue Service and the Massachusetts department of revenue pertaining to the deducting and withholding of income tax. (h) Notwithstanding section forty-six of this chapter, the commissioner may disclose to the appropriate taxing authorities such information as necessary to carry out the purposes of this section. SECTION 457. Section 71A of said chapter 151A, as so appearing, is hereby amended by striking out the definition of "Commissioner" and inserting in place thereof the following definition:- "Commissioner", the director of the department of labor and workforce development, established by section one of chapter twenty-three. SECTION 458. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the word "department", the second time it appears, and inserting in place thereof the following word:- division. SECTION 459. Section 3 A of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words ", to the proper district attorney or to the commissioner of public safety," and inserting in place thereof the following words:- or to the proper district attorney. SECTION 460. Section 113B of said chapter 175, as so appearing, is hereby amended by striking out, in lines 111 and 112, the words "fifteen of chapter twenty-two" and inserting in place thereof the following words:- four A of chapter ninety A. SECTION 461. Section 10A of chapter 175A of the General Laws, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words ", in conjunction with the department of public safety,". SECTION 462. Section 14 of chapter 185 of the General Laws is hereby amended by striking out the first paragraph, as amended by section 159 of chapter 38 of the acts of 1995, and inserting in place thereof the following paragraph:- The salary of the recorder of the land court department shall be seventy-five and forty-seven hundredths percent of the salary of the chief justice of said department and shall be paid, subject to appropriation, by the commonwealth. The salaries of the deputy recorder and the chief title examiner of said department shall be eighty-three and one-half percent of said recorder's salary and shall be paid, subject to appropriation, by the commonwealth. The salaries of the assistant clerks of said department shall be seventy-seven percent of said recorder's salary and shall be paid, subject to appropriation, by the commonwealth. The salaries of the title examiners of said department shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice for administration and management. Chap. 151 SECTION 463. Subsection (d) of section 14 of Chapter 194 A, of the most recent edition of the General Laws, as amended by Section 54 of Chapter 460 of the Acts of 1993 is hereby amended by striking the words "one hundred dollars for each violation", and inserting in place thereof the words:- five hundred dollars for the first violation and one thousand dollars for each subsequent violation. SECTION 464. Section 6 of chapter 201 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "offices of human services or educational affairs" and inserting in place thereof the following words:- office of health and human services or the boards of education or higher education. SECTION 465. Section 14 of said chapter 201, as so appearing, is hereby amended by striking out, in line 2, the words "offices of human services or educational affairs" and inserting in place thereof the following words:- office of health and human services or the boards of education or higher education. SECTION 466. Section 10 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "three hundred" and inserting in place thereof the following words:- three hundred and fifty. SECTION 467. Section 13 of chapter 209C of the General Laws, as so appearing, is hereby amended by inserting after the word "them", in line 9, the following words:- , and the department of social services, when the child who is or was the subject of the complaint is within the care and protection of the department of social services, is the subject of a petition for such care or protection pursuant to chapter one hundred and nineteen, or is the subject of a petition to dispense with consent for adoption, pursuant section to subsection (b) of section three of chapter two hundred and ten. SECTION 468. Section 2 of chapter 210 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "of the mother only if the child was born out of wedlock and not previously adopted" and inserting in place thereof the following words:- of the mother if the child was bom out of wedlock and not previously adopted, and of the father of the child born out of wedlock if the father has been adjudicated the father of the child pursuant to chapter two hundred and nine C, has acknowledged paternity in a manner prescribed by said chapter two hundred and nine C, or has been adjudicated the father of the child pursuant to the laws of any other state or country. If there is no one who has been adjudicated the father or has acknowledged paternity of the child born out of wedlock as described above, then notice of any petition to adopt a child shall be given to a putative father of such child only if the child was not previously adopted and the putative father (a) has filed a parental responsibility claim under section four A; (b) has filed an action to establish paternity under chapter two hundred and nine C and has not been determined not to be the father; (c) has acknowledged paternity of a child who at the time of such acknowledgment was under the age of six months; (d) has been identified as the child's father on the child's birth certificate; (e) has lived openly with the child and has consistently held himself out to be the child's father; (f) has been identified as the father of the child by the mother of the child in a sworn written statement; or (g) was married to the mother within three hundred days prior to the date the child was bom and no court of Chap. 151 competent jurisdiction has either determined that he is not the biological father of the child or has terminated his parental rights. Notice shall also be given by publication as provided in section four to any unknown father. SECTION 469. Said section 2 of said chapter 210, as so appearing, is hereby further amended by adding the following paragraph:- If an agency or person receiving a child born out of wedlock for purposes of a subsequent adoption receives from the child's mother an executed consent form as prescribed by this chapter, and no person has acknowledged paternity of the child in accordance with chapter two hundred and nine C or has been adjudicated the father of the child by any court of competent jurisdiction, then the person or agency shall request that the mother voluntarily provide a sworn written statement, executed before a notary and in the presence of two competent witnesses, one of whom shall be selected by the mother, that identifies the child's father and his current or last known address. Any such statement shall be used solely for the purpose of notifying the person named as the father of the status of the child. SECTION 470. Section 11 of said chapter 210, as so appearing, is hereby amended by striking out, in line 2, the word "personal". SECTION 471. Said section 11 of said chapter 210, as so appearing, is hereby further amended by striking out, in line 5, the words "one year" and inserting in place thereof the following words:- one hundred and twenty days. SECTION 472. Section 1 of chapter 21 IB of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking, in line 17, the word "forty-one" and inserting in place thereof the following word:- forty-two. SECTION 473. Section 2 of said chapter 21 IB, as so appearing, is hereby amended by striking, in line 16, the word "forty-three" and inserting in place thereof the following word:- forty-four. SECTION 474. Section 9 of chapter 21 ID of the General Laws, as amended by section 180 of chapter 38 of the acts of 1995, is hereby further amended by adding the following clause:- (i) qualifications for vendors for the services provided in clauses (d), (e) and (f) and a range of rates payable for said services, taking into consideration the rates, qualifications and history of performance; provided, however, that such ranges may be exceeded with approval of the court. Payment of such costs and fees shall be in accordance with the provisions of section twenty-seven A to G, inclusive, of chapter two hundred and sixty-one. SECTION 475. Said chapter 21 ID is hereby further amended by striking out section 12, as appearing in the 1994 Official Edition, and inserting in place thereof the following section:- Section 12. The committee shall establish policies and procedures to provide fair compensation to private counsel, which shall include a remedy for an attorney aggrieved by the amount of payment. The committee shall also establish an audit and oversight department to monitor billing and private attorney compensation. All invoices shall be processed for payment within thirty days of receipt by the chief counsel. Bills shall be submitted to the committee within thirty days of the conclusion of a case; or, if the case is Chap. 151 pending at the end of the fiscal year, within thirty days after the end of such fiscal year. Bills submitted after such date need not be processed for payment within thirty days. The committee may further prescribe such policies and procedures for payment as it deems appropriate; provided, however, that the committee may impose interest and penalties, where appropriate, upon overpayment of the private attorney bills recovered from private attorneys. SECTION 476. Said section 2 of said chapter 217, as so appearing, is hereby further amended by striking out, in line 4, the word "Bristol", and inserting after the word "Norfolk" the following word:- Bristol. SECTION 476A. Said section 2 of said chapter 217, as so appearing, is hereby further amended by inserting after the word "Norfolk", in line 2, the word:- Bristol,. SECTION 477. Section 3C of said chapter 217, as so appearing, is hereby amended by striking out, in line 1, the word "five" and inserting in place thereof the following word:- six. SECTION 478. Section 23 A of chapter 217 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the word "three" and inserting in place thereof the following word:- four. SECTION 479. Section 28 of said chapter 217, as so appearing, is hereby amended by striking out, in line 7, the words "of six thousand dollars" and inserting in place thereof the following words:- in an amount equal to fifteen percent of the annual salary of the Suffolk county register of probate. SECTION 480. Section 1 of chapter 218 of the General Laws, as so appearing, is hereby amended by inserting after the word "Boxborough", in line 149, the following words:- , and the Devens Regional Enterprise Zone. SECTION 481. Said chapter 218 is hereby further amended by striking out section 10, as amended by section 187 of chapter 38 of the acts of 1995, and inserting in place thereof the following section:- Section 10. The clerk of a district court may, subject to the approval of the chief justice for administration and management as to compliance with personnel standards promulgated pursuant to section eight of chapter two hundred and eleven B, appoint one or more assistant clerks for whose official acts the clerk shall be responsible, who shall be paid by him unless salaries payable by the commonwealth are authorized in this section or in section fifty-three. In courts having one or more assistant clerks, the clerk may designate one as the first assistant clerk. An assistant clerk with salaries payable by the commonwealth may be appointed in courts the judicial districts of which have, according to the national census last preceding, a population of sixty thousand or more, and in the following districts: district court of Attleboro second district court of Barnstable district court of southern Berkshire district court of northern Berkshire Chap. 151 district court of Chicopee district court of eastern Essex district court of Fitchburg district court of Franklin district court of Gardner district court of eastern Hampden district court of western Hampden district court of eastern Hampshire district court of Marlborough district court of Natick first district court of eastern Worcester second district court of southern Worcester. ¦ Two assistant clerks with salaries payable by the commonwealth may be appointed third district court of Barnstable district court of central Berkshire fourth district court of Bristol municipal court of Brookline district court of Holyoke district court of Leominster district court of central Middlesex first district court of northern Middlesex district court of western Norfolk district court of Peabody first district court of northern Worcester first district court of southern Worcester district court of western Worcester. Three assistant clerks with salaries payable by the commonwealth may be appointed first district court of Barnstable first district court of Bristol second district court of Bristol district court of Hampshire first district court of eastern Middlesex second district court of eastern Middlesex fourth district court of eastern Middlesex district court of Newburyport district court of Newton district court of Southern Norfolk third district court of Plymouth Chap. 151 Four assistant clerks with salaries payable by the commonwealth may be appointed in: municipal court of the Brighton district third district court of Bristol East Boston district court district court of Chelsea first district court of Essex municipal court of the South Boston district municipal court of the Charlestown district central district court of northern Essex fourth district court of eastern middlesex district court of northern Norfolk. second district court of Plymouth fourth district court of Plymouth district court of Somerville. Five assistant clerks with salaries payable by the commonwealth may be appointed in: district court of southern Essex district court of Lawrence district court of Lowell. Six assistant clerks with salaries payable by the commonwealth may be appointed in: district court of Brockton first district court of southern Middlesex municipal court of the West Roxbury district. Seven assistant clerks with salaries payable by the commonwealth may be appointed in: municipal court of the Dorchester district Eight assistant clerks with salaries payable by the commonwealth may be appointed in: district court of East Norfolk. Nine assistant clerks with salaries payable by the commonwealth may.be appointed in: central district court of Worcester Ten assistant clerks with salaries payable by the commonwealth may be appointed in: third district court of eastern Middlesex municipal court of the Roxbury district court. district court of Springfield. Chap. 151 One of the ten assistant clerks for the municipal court of the Roxbury district shall be appointed for juvenile sessions. Assistant clerks who were appointed under authority of this section, who are paid by the commonwealth, and who have held said appointment for three consecutive years prior to the effective date of this act shall hold office during good behavior, but subject to applicable retirement laws, and may be removed from office under procedures authorized by section eight of chapter two hundred and eleven B. Each assistant clerk appointed prior to January first, nineteen hundred and eighty-seven under the authority of this section and serving continuously in such appointment thereafter shall be entitled to thirty days vacation leave and thirty days sick leave in each calendar year. Any such assistant clerk may accumulate vacation and sick leave not used in any such year; provided, however, that the total amount of vacation days so accumulated shall not exceed sixty and the total amount of sick leave so accumulated shall not exceed one hundred eighty days; and provided, further, that no additional such days shall be accumulated on or after January first, nineteen hundred and eighty-seven except in accordance with the policies and procedures established by the chief justice for administration and management pursuant to section eight of chapter two hundred and eleven B. All other assistant clerks appointed under the authority of this section shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the chief justice for administration and management pursuant to said section eight. In the following courts, one of the assistant clerks shall be designated in charge of six-man jury sessions and shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice of administration and management: third district court of eastern Middlesex district court of Lowell first district court of southern Middlesex at Framingham district court of East Norfolk central district court of Worcester district court of Newburyport district court of Springfield second district court of Plymouth. In the district court of western Worcester, the central district court of Worcester, the district of Lowell, the district court of East Norfolk and the third district court of eastern Middlesex, the clerk may designate one of his assistant clerks as assistant clerk in charge of the remand list; said list being for the trial of all cases transferred to said court from the superior court under the provisions of section one hundred and two C of chapter two hundred and thirty-one. The salary of said assistant clerk shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation by the chief justice for administration and management. Chap. 151 SECTION 482. The fourth paragraph of section 58 of chapter 218 of the General Laws, as amended by section 10 of chapter 243 of the acts of 1995 is hereby further amended by adding the following sentence:- The Barnstable county and town of Plymouth division of the juvenile court department shall have a first assistant clerk who shall be appointed by the clerk of said court, with such appointments subject to approval by the chief justice for administration and management with respect to personnel standards promulgated under said section eight of said chapter two hundred and eleven B. SECTION 483. Section 5 of chapter 221 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 8, the word "seven" and inserting in place thereof the following word:- eight. SECTION 484. Section 8 of chapter 233 of the General Laws, as amended by section 196 of chapter 38 of the acts of 1995, is hereby further amended by striking out the words "Bristol, seven assistant clerks" and inserting in place thereof the following words:- Bristol, nine assistant clerks. SECTION 485. Section 8 of chapter 25 8B of the General Laws, as so appearing, is hereby amended by striking out, in line 1 the word "fifty" and inserting in place thereof the following word:- sixty. SECTION 486. Said section 8 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 5, the word "thirty" and inserting in place thereof the following word:- thirty-five. SECTION 487. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 120, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 488. Said section 10 of said chapter 269, as so appearing, is hereby further amended by striking out, in line 121, the word "commissioner" and inserting in place thereof the following word:- colonel. SECTION 489. Section 10A of said chapter 269, as so appearing, is hereby amended by striking out, in lines 5 and 6 and 21, the words "commissioner of public safety", each time it appears, and inserting in place thereof, in each instance, the following words:- colonel of the state police. SECTION 490. Section 11A of said chapter 269, as so appearing, is hereby amended by striking out, in line 9, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 491. Section 1 IB of said chapter 269, as so appearing, is hereby amended by striking out, in line 10, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 492. Section 11C of said chapter 269, as so appearing, is hereby amended by striking out, in line 18, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 493. Section 12B of said chapter 269, as so appearing, is hereby amended by striking out, in line 16, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. Chap. 151 SECTION 494. Section 12D of said chapter 269, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 495. Section 88 of chapter 272 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 496. Section 89 of said chapter 272, as so appearing, is hereby amended by striking out, in line 2, the words "commissioner of public safety" and inserting in place thereof the following words:- colonel of the state police. SECTION 497. Section 3 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words "commissioner of public safety", each time they appear, and inserting in place thereof the following words:- colonel of the state police. SECTION 498. Section 3 of chapter 279 of the General Laws, as so appearing, is hereby amended by inserting after the word "sentence", in line 8, the following words:- ; provided however, that in all cases where the probationer is served with notice of surrender and at least one of the underlying crimes for which he is on probation is a felony, then the probation officer shall provide a duplicate copy of the notice of surrender to the district attorney, and the court shall provide to the district attorney the opportunity to be heard and present evidence at the surrender hearing. SECTION 499. Section 12 of chapter 645 of the acts of 1948, as most recently amended by section 176 of chapter 60 of the acts of 1994, is hereby further amended by striking out the words "nineteen hundred and ninety-six" and inserting in place thereof the following words:- two thousand and one. SECTION 500. Section 19 of said chapter 645, as most recently amended by section 203 of chapter 38 of the acts of 1995, is hereby further amended by striking out, in line 2, the words "nineteen hundred and ninety-six" and inserting in place thereof the following words:- two thousand and one. SECTION 501. Chapter 642 of the acts of 1966 is hereby amended by inserting after section 7B, inserted by section 1 of chapter 107 of the acts of 1991, the following section:- Section 7C. The city may borrow from time to time sums, in addition to those authorized in sections seven, seven A and seven B, not exceeding, in the aggregate, one hundred and fifteen million dollars, for the purpose of planting shade trees, planning, designing, acquiring land for, constructing and originally equipping structures and facilities it is authorized to construct and for remodeling, reconstructing or making major alterations, additions and repairs to existing facilities owned by the city, except as otherwise provided in hundred and fifteen million dollars, for the purpose of planting shade trees, planning, designing, acquiring land for, constructing and originally equipping structures and facilities it is authorized to construct and for remodeling, reconstructing or making major alterations, additions and repairs to existing facilities owned by the city, except as otherwise provided Chap. 151 in section eight, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair. SECTION 502. The first paragraph of section 3 of chapter 708 of the acts of 1966, as appearing in section 8 of chapter 789 of the acts of 1981, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There is hereby created and placed in the division of housing and community development a body politic and corporate to be known as the Massachusetts Housing Finance Agency, which shall not be subject to the supervision or control of any executive office, department, division, commission, board, bureau or agency except to the extent and in the manner provided by law. SECTION 503. The second paragraph of said section 3 of said chapter 708, as appearing in section 5 of chapter 264 of the acts of 1982, is hereby amended by striking out in the first sentence the words "secretary of communities and development", and inserting in place thereof the following words:- deputy director of housing and community development. SECTION 504. The first paragraph of section 3 of chapter 846 of the acts of 1974, as appearing in section 19 of chapter 264 of the acts of 1982, is hereby amended by striking out the first sentence inserting in place thereof the following sentence:- There is hereby created in the division of housing and community development a body politic and corporate to be known as the Massachusetts Home Mortgage Finance Agency, which shall not be subject to the supervision or control of the division of housing and community development or of any other executive office, department, division, commission, board, bureau or agency except to the extent and in the manner provided in this act. SECTION 505. The second paragraph of section 2 of chapter 212 of the acts of 1975, as most recently amended by section 220 of chapter 351 of the acts of 1981, is hereby further amended by striking out, in the first and third sentences, the words "secretary of development and housing", each time they appear, and inserting in place thereof, in each instance, the following words:- deputy director of housing and community development. SECTION 506. Paragraph (a) of the second paragraph of section 35 of chapter 405 of the acts of 1985 is hereby amended by striking out the third sentence, inserted by section 36 of chapter 102 of the acts of 1990, and inserting in place thereof the following sentence:- The MHPFB is hereby placed in the division of housing and community development but shall not be subject to the supervision or control of any executive office, department, division, commission, board, bureau or agency of the commonwealth except to the extent and in the manner provided by law. SECTION 507. The second sentence of the first paragraph of section 2 of chapter 405 of the acts of 1987 is hereby amended by striking out the words "secretary of communities and development" and inserting in place thereof the following words:- deputy director of housing and community development. SECTION 508. Section 105 of chapter 164 of the acts of 1988 is hereby amended by inserting after the word "Council", in line 3, the following words:- and the department of labor and workforce development. Chap. 151 SECTION 509. Section seventy-four of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, as most recently amended by section two hundred and nine of chapter thirty-eight of the acts of nineteen hundred and ninety-five, is hereby repealed. SECTION 510. Chapter 71 of the acts of 1993 is hereby amended by striking out section 79 and inserting in place thereof the following section:- Section 79. There shall be appointed by the governor an education reform review commission which shall consist of twenty-five members, one of whom the governor shall designate to chair the commission; provided, however, that such members shall not be employees of the executive branch; and provided, further, that two such members shall be the house and senate chairmen of the legislature's joint committee on education, arts and the humanities; and provided, further, that at least four such members shall be parents of children attending public schools, one of whom shall be the chair of the board of higher education, one of whom shall be an educator at an institution of higher education who is knowledgeable in the field of public education, one of whom shall be selected by the Association of Independent Colleges and Universities of Massachusetts, one of whom shall be appointed by the president of the Massachusetts Association of School Committees, one of whom shall be a teacher selected by the Massachusetts Federation of Teachers, one of whom shall be a teacher selected by the Massachusetts Teachers Association, one of whom shall be a superintendent of schools selected by the Massachusetts Association of School Superintendents, one of whom shall be a principal selected by the Massachusetts Elementary School Principals' Association, two of whom shall be public school principals selected by the Massachusetts Secondary School Principals' Association, one of whom shall be a vocational-technical education administrator, and one of whom shall be a parent selected by the Massachusetts Parent Teacher Student Association. Said commission shall monitor the extent to which the commonwealth has carried out its responsibilities under this act and the extent to which such efforts have brought about educational reform in the commonwealth. Said commission is hereby authorized to request from the board of education and the joint committee on education, arts and the humanities, information and data pertinent to the commission's charge which shall be provided in a reasonable manner to the commission including, without limitation, the information collected pursuant to section one of chapter sixty-nine of the General Laws. The board and the commissioner shall make themselves available to the commission to review the activities of the commonwealth under this act. The commission shall annually file a report detailing its activities, including its findings and conclusions, to the governor, the clerk of the house of representatives and the clerk of the senate and such report shall be made available to the public. Commission members shall serve for a term of three years; provided, however, that vacancies may be filled as they occur; and, provided further, that members who are parents of public school children shall be replaced within one year of the date upon which they no longer have children attending a public school. Chap. 151 SECTION 511. Section 4 of chapter 603 of the acts of 1967, as appearing in section 1 of chapter 201 of the acts of 1995, is hereby amended by inserting after the word "million", in lines 10 and 11, the following words:- five hundred thousand. v SECTION 512. Paragraph (m) of section 2 of chapter 372 of the acts of 1984 is hereby amended by adding the following words:- provided, however, that amounts paid to or for the account of the Authority as debt service assistance from the Commonwealth Sewer Rate Relief Fund established under section two Z of chapter twenty-nine of the General Laws shall be included in revenues unless in any instance the Authority shall elect that such amount or any portion thereof shall be segregated from other funds of the Authority and applied directly by the Authority or the trustee for the Authority's bonds to the payment of the debt service thereon, in which event, such amount or portions shall not be included in revenues of the Authority for the purposes of this act;. SECTION 513. Paragraph (a) of section 12 of said chapter 372, is hereby amended by striking out the fifth sentence, as most recently amended by section 5 of chapter 243 of the acts of 1995, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed the sum of three billion four hundred and fifty million dollars outstanding at any one time; provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued, shall be excluded in the computation of outstanding bonds. SECTION 514. Section 16 of said chapter 372 is hereby amended by striking out the fourth sentence, as most recently amended by section 6 of said chapter 243 of the acts of 1995, and inserting in place thereof the following sentence:- The aggregate principal amount of all bonds issued under authority of this act shall not exceed the sum of three billion four hundred and fifty million dollars outstanding at any one time, provided, however, that bonds for the payment of redemption of which, either at or prior to maturity, refunding bonds shall have been issued, shall be excluded in the computation of outstanding bonds. SECTION 515. Section 8 of chapter 236 of the acts of 1988 is hereby amended by striking out, in line 11, the words "during the term of such lease". SECTION 516. Notwithstanding the provisions of chapter four hundred and ninety of the acts of nineteen hundred and eighty, the division of housing and community development may authorize neighborhood housing services corporations to retain and reloan funds received in repayment of loans made pursuant to the neighborhood housing services rehabilitation program. SECTION 517. Section 9 of chapter 498 of the acts of 1993, as amended by section 2 of chapter 224 of the acts of 1994, is hereby further amended by adding the following paragraph:- Notwithstanding any other provision of this act, or of any other general or special law to the contrary, the Commission, for the purposes of this act, shall be deemed a public employer as that term is defined in section one of chapter two hundred and fifty-eight of the Chap. 151 General Laws. The chairman of the Commission shall be the executive officer for presentment purposes under section four of said chapter two hundred and fifty-eight. SECTION 518. Section 12 of said chapter 498, as amended by section 212 of chapter 38 of the acts of 1995, is hereby further amended by adding the following paragraph :- Notwithstanding any provision of this act or of chapter two hundred and twelve of the acts of nineteen hundred and seventy-five, as amended, the Bank, in carrying out the provisions of this act, shall be deemed a city or town for the purposes of section two of chapter two hundred and eighty of the General Laws. SECTION 519. Section 253 of chapter 60 of the acts of 1994 is hereby amended by striking out the words "no greater than five hundred dollars per month for two bedroom units and no greater than six hundred dollars per month for three bedroom units" and inserting in place thereof the following words:- an average of six hundred and fifty dollars per month for two bedroom units, and an average of seven hundred and fifty dollars per month for three bedroom units. SECTION 520. Section 303 of chapter 38 of the acts of 1995 is hereby amended by striking out the words "nineteen hundred and ninety-eight", each time they appear, and inserting in place thereof, in each instance, the following words:- two thousand and one. SECTION 521. Subsection (e) of section 110 of chapter 5 of the acts of 1995 is hereby amended by adding at the end thereof the foilowing new clause:- ; or (6) recipients who are homeless and residing in emergency or transitional housing or shelter including, but not limited to, facilities funded through the program of emergency assistance authorized by subsection D of section two of chapter eighteen, or the program authorized by clause (14) of subsection (A) of section two chapter eighteen B, including facilities for battered women. SECTION 522. The first paragraph of subsection (j) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out the third sentence and inserting in place thereof the following two sentences:- Said work requirement may be met by working in a job for which compensation is paid; by working full-time in the full employment program established in section (1); by regularly attending, as defined by the department, a recognized job training, english as a second language, graduate equivalency degree, literacy, adult basic education or other equivalent program or a program at an accredited institution of higher education, including any appropriate pre-college remedial program; or by participating in community service pursuant to the following provisions. At the discretion of the commissioner, recipients subject to such work requirement who fail to meet such requirements shall not receive assistance. SECTION 523. The second paragraph of subsection (j) of said section 110 of said chapter 5 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The department shall make payments for child care services to families in which a parent or parents or other grantee relative is working and needs child care services in order to work or needs child care in order to participate in any of the education, training or community service activities listed in this subsection. Chap. 151 SECTION 524. Chapter 166 of the acts of 1995 is hereby amended by striking out the words "one hundred and eighty" and inserting in place thereof the following words:- three hundred and sixty. SECTION 525. Section 19 of chapter 267 of the acts of 1995 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Said reimbursement shall be equal to fifty percent in the first year of a charter school's operation, forty percent in the second year of a charter school's operation, and thirty percent in the third year of the charter school's operation. SECTION 526. Chapter 12 of the acts of 1996 is hereby amended in section two, in item 0330-8968, by adding after the word "abusers", the following:- ; provided, that any remaining funds may be expended for the implementation and operation of any approved intermediate sanctions program approved by the Chief Justice of Administration and Management. SECTION 527. Sections one, two, five and eight of chapter fifty-seven of the acts of nineteen hundred and ninety-six are hereby repealed. SECTION 528. Sections seventeen, eighteen, twenty-seven, twenty-eight and thirty-two of chapter fifty-eight of the acts of nineteen hundred and ninety-six are hereby repealed. SECTION 529. The first sentence of section 67 of chapter 15 of the acts of 1996 is hereby amended by inserting after the word "Lynn" the following words:- , one representative from Lawrence. SECTION 530. Chapter 67 of the acts of 1996 is hereby amended by striking out section 2 and inserting in place thereof the following section:- Section 2. Notwithstanding the provisions of any general or special law to the contrary, any medicaid long term care system subject to the provisions of chapter one hundred and eighteen E of the General Laws which the division of medical assistance has determined would be more comprehensive, cost-effective and coordinated than the system of long term care established by section four B of chapter nineteen A of the General Laws and for which said division has submitted a written finding as required by said section four B shall not take effect unless enacted into law. SECTION 531. Notwithstanding the provisions of any general or special law or collective bargaining agreement to the contrary, and in accordance v/ith the provisions of section one hundred and two of chapter thirty-two of the General Laws, the retirement allowance, pension, or annuity of every former employee of the commonwealth or any county, city, town, district, housing or redevelopment authority, the Massachusetts Turnpike Authority, the Massachusetts Port Authority, the Blue Hills Regional Vocational School System, the greater Lawrence Sanitary District, the Minutemen Regional Vocational Technical High School District or of the spouse or any other beneficiary of any former employee who is receiving a retirement allowance, pension or annuity, shall, beginning November first, nineteen hundred and ninety-six, be increased by three percent; provided, however, that no individual retiree shall receive an increase greater than two hundred and seventy dollars annually; and provided, further, that for any employee retiring after July first, Chap. 151 nineteen hundred and ninety-six, said employees' health care premium contribution shall be not less than fifteen percent of the total premium paid by the commonwealth or the health care premium contribution paid by active employees, whichever is greater. SECTION 532. Notwithstanding the provisions of any general or special law to the contrary, the terms of the members of the board of education currently holding office shall expire on the thirtieth day of June, nineteen hundred and ninety-six, and the governor shall appoint the members of said board, as required by section one E of chapter fifteen of the General Laws, as amended by this act, effective as of the first day of July, nineteen hundred and ninety-six; provided, however, that three members shall be appointed for an initial term of five years, three members shall be appointed for an initial term of four years and three members shall be appointed for an initial term of three years. Thereafter, each member shall be appointed for a number of five years, five years being a full term. SECTION 533. Any member of the higher education coordinating council as of June thirtieth, nineteen hundred and ninety-six, who is a former member of the boards of trustees of the state colleges or is a former member of the boards of trustees of the community colleges shall serve out that member's term as a member of the board of higher education and, during the remainder of that term, shall qualify as the former member of the boards of trustees of the state college or the former member of the boards of trustees of the community colleges required to be a member of the board of higher education by section four of chapter fifteen A of the General Laws. Upon expiration of that member's term, a former member of the board of trustees of the state colleges or a former member of the board of trustees of the community colleges shall be selected according to the procedure specified in said section four. SECTION 534. Notwithstanding any general oi special law to the contrary, the terms of office of the current members of the apprenticeship council shall expire on the thirtieth day of June, nineteen hundred and ninety-six. The members to be appointed pursuant to section eleven E of chapter twenty-three of the General Laws shall be appointed to terms to commence effective on the first day of July, nineteen hundred and ninety-six; and one of each of the employee and employer members appointed pursuant to said section shall be appointed for initial terms of one year, one of each shall be appointed for initial terms of two years and one of each shall be appointed for initial terms of three years. Thereafter, each member representing employers and employees shall be appointed for a term of three years. SECTION 535. Notwithstanding the provisions of any general or special law to the contrary, except for sections fifty-two to fifty-five, inclusive, of chapter seven of the General Laws, the secretary of administration and finance is hereby authorized and directed to identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee is further authorized to enter into contracts with private vendors and to enter into interagency service agreements with departments to identify and pursue said projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project. For the purposes of this section, such payments to vendors for services performed shall be known as "vendor Chap. 151 participation payments" and non-tax revenue collected pursuant to this section, after deduction of vendor participation payments, shall be known as "net additional revenue". For the purpose of this section the terms "departments" or "participating departments" shall mean any department, agency, board, commission, office or institution under the executive control of the governor or other constitutional officers and determined by the secretary to be participating in the revenue optimization projects authorized by this section. In no case shall a vendor be compensated if the revenues collected for a revenue source do not exceed the highest amount collected for said revenue source for a fiscal year during the base period; provided, however, in the event of revenue sources which are caseload driven federal reimbursements, so called, the vendor shall not be compensated unless the ratio of said revenue source to the reimbursable expenditure has exceeded the highest said ratio during the base period. For the purpose of this section the term "base period" shall refer to the fiscal years beginning on July first, nineteen hundred ninety and ending on June thirtieth, nineteen hundred ninety-six. In no case shall a department receive an allocation or reallocation for collection of a fee or any other non-tax revenue from which the commonwealth collected revenues in any fiscal year between nineteen hundred and ninety-one through nineteen hundred and ninety-six, inclusive, if the net additional revenue attributable to the collection of said fee or other non-tax revenue is less than the highest amount of revenue collected from said fee or other non-tax revenue in any of the aforementioned fiscal years; provided, however, that said net additional revenues shall only be those amounts collected which are in excess of the amounts projected in section one B for each department, office, commission and agency or successor. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed under this section. The comptroller shall deposit in the Maximization Fund, established by section two R of chapter twenty-nine of the General Laws, all monies collected pursuant to the provisions of this section. The comptroller is hereby authorized to allocate from said fund, upon direction of the secretary of administration and finance, up to the amount of the appropriation contained in item 1599-0033 of section two to participating departments; provided, however, that any amount so allocated shall be in excess of the first fifty-seven million, five hundred thousand dollars in net additional revenues credited to said fund consistent with this section; provided, further, that the secretary may allocate the first two million five hundred thousand dollars from said item when the net additional revenues credited to said fund in the fiscal year are at least thirty-two million, five hundred thousand dollars; provided, further, said secretary may allocate the second two million five hundred thousand dollars from said item when the net additional revenues credited to said fund in the fiscal year are at least fifty million dollars; and provided, further, the final two million, five hundred thousand dollars may be allocated when the amount credited to said fund in the fiscal year is at least sixty-five million dollars. Eighty-five percent of said appropriation shall be distributed to participating departments in proportion to the amount of revenues collected by said department as a percent of the total amount of revenues collected under the Chap. 151 provisions of this section. The remaining fifteen percent shall be evenly distributed to all participating departments regardless of the amount of revenues collected by each individual department. The comptroller shall transfer to the General Fund, at the close of the fiscal year, after providing for vendor participation payments, the first fifty-seven million, five hundred thousand dollars in net additional revenues and any balance remaining in said fund after providing for said allocations. No expenditure shall be made from said Maximization Fund which would cause said fund to be in deficit at the close of the fiscal year. Departments receiving allocations pursuant to said item 1599-0033, subject to the provisions of this section, may expend such funds without appropriation after obtaining the written approval of said secretary or his designee of a plan detailing such proposed expenditures, allocations and reallocations and filing the approved plan with the house and senate committees on ways and means which shall be filed with said committees ten days in advance of any allocation or reallocation. All expenditures made pursuant to the provisions of this section and item 1599-0033 shall be for one-time expenses which shall not recur in fiscal year nineteen hundred and ninety-eight or a subsequent fiscal year. No expenditures authorized by the provisions of this section and said item 1599-0033 shall supplant funds appropriated in any item of appropriation in sections two or two B or in sections two or two A of any supplemental appropriations act enacted in fiscal year nineteen hundred and ninety-seven or a subsequent fiscal year. For the purposes of this section, the term "supplant" shall be defined as expenditures made for any purpose which receive an appropriation in this act or a subsequent appropriation act. Any unexpended balance from said allocations at the end of each fiscal year shall revert to the General Fund unless said spending plan has been approved by the secretary as a multi-year expenditure. The comptroller shall report, on or before the last day of January, to the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the six month period ending the preceding month. Such information shall detail, by each vendor, project and department: the amount of vendor participation payments paid to each such vendor, the net additional revenues retained by the commonwealth, the amounts allocated or reallocated to each such participating department, pursuant to said item 1599-0033 and this section, and the estimated annual receipts, payments and allocations for the fiscal year. The comptroller shall report to the house and senate committees on ways and means, on or before July thirty-first of each year, the preceding information for the prior fiscal year and the total of all vendor participation payments made to each vendor and the net commonwealth receipts collected by each project over the duration of the project. On or before July thirty-first of each fiscal year, the comptroller, after approval of said secretary, shall submit to the house and senate committees on ways and means a plan detailing, by executive office and department, the net additional revenues estimated to be collected under the provisions of this section in the fiscal year. SECTION 536. The provisions of section five hundred and thirty-five shall remain in effect until June thirtieth, nineteen hundred and ninety-nine. Chap. 151 SECTION 537. Notwithstanding any general or special law to the contrary, the terms of office of the current members of the MASS JOBS council established by section seventy-four of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, as amended, shall expire on the thirtieth day of June, nineteen hundred and ninety-six, and the governor shall appoint members to the Massjobs council established by section four of chapter fourteen A of the General Laws, to terms commencing on the first day of July, nineteen hundred and ninety-six. Notwithstanding the provisions of said section four, the initial appointments of the members of the Massjobs council shall be staggered so that five of the original appointees shall serve a term of three years, five appointees shall serve a term of two years, and the remaining appointees shall serve a term of one year; provided, however, that no more than one of the two appointees from each of the categories referenced above shall be appointed for an initial term of only one year. SECTION 538. Notwithstanding the provisions of any general or special law or contract to the contrary if the capital costs incurred under any of the previous department of mental health replacement units contracts, so-called, with Berkshire Medical Center, Pittsfield; Cambridge Hospital, Cambridge; New England Deaconess Hospital, Boston; or Providence Hospital, Holyoke, are not negotiated and paid pursuant to the terms of the interagency service agreement for the joint purchase of certain mental health services between the department of mental health and the division of medical assistance, then the department of mental health is authorized to negotiate and pay capital costs to the entity directly. Any payment made by the department of mental health pursuant to this section, or by the division of medical assistance or its contractor pursuant to the terms of the interagency service agreement, shall be subject to the following: (i) if the entity sells or otherwise transfers a capital asset associated with the replacement unit contract and the asset will not be used by the transferee for similar or like public purposes, then the entity must pay to the commonwealth an amount equal to the gain, if any, attributable to any accelerated depreciation costs paid by the department of mental health or (ii) if the entity ceases to use any capital asset associated with the replacement unit contract for such public or similar public purposes for any other reason attributable to the entity, then the entity must repay to the commonwealth the accelerated depreciation costs paid by the department of mental health. SECTION 539. Notwithstanding the provisions of any general or special law to the contrary, for state fiscal year nineteen hundred and ninety-seven any specialty hospital, as defined in section one of chapter one hundred and eighteen G of the General Laws, which provides free care, as defined in said section one of said chapter one hundred and eighteen G, shall be exempt from the provisions of section eighteen of said chapter one hundred and eighteen G; provided, that said specialty hospital's gross patient service revenue equals at least eighty percent of its gross patient service revenue as of January first, nineteen hundred and ninety-six. For the purposes of this section "gross outpatient service revenue" shall mean gross patient service revenue minus gross inpatient service revenue. The division of health care finance and policy shall determine the amount owed for fiscal year nineteen hundred and ninety-seven by said specialty hospital. Said division is directed to transfer Chap. 151 from the compliance liability trust fund as established in section fifty-six of chapter four hundred and ninety-five of the acts of nineteen hundred and ninety-one, into the uncompensated care pool trust fund as established in said section eighteen, an amount equal to the amount owed by said specialty hospital for state fiscal year nineteen hundred and ninety-seven for the purpose of ensuring that other participating hospitals' liability to the uncompensated care pool does not increase due to the aforementioned exemption. SECTION 540. Notwithstanding any general or special law to the contrary, the terms of office of the current members of the group insurance commission appointed by the governor under section three of chapter thirty-two A of the General Laws shall expire on June thirtieth, nineteen hundred and ninety-six, and the terms of members of the commission to be appointed pursuant to said section three, as amended by section one hundred and forty-five of this act shall begin on July first, nineteen hundred and ninety-six. No action shall be taken by the commission until the governor has appointed all of the appointive members pursuant to said section three, as amended. SECTION 541. The departments of mental retardation, public health, and education are hereby directed to continue the three regional pilot projects to develop networks of support for families with children of school age or younger with developmental disabilities or chronic illness, as authorized in section two hundred and thirty-five of chapter thirty-eight of the acts of nineteen hundred and ninety-five. SECTION 542. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special transition period to accommodate the realignment of accounting operations into the format of the general appropriations act for fiscal year nineteen hundred and ninety-seven. The secretary of administration and finance shall file a plan for the transition period with the house and senate committees on ways and means and the office of the comptroller no later than thirty days after the effective date of this act. Said transition plan shall provide special guidance to the departments receiving an appropriation in the general appropriation act and the oversight entities in matters pertaining to state finance including but not limited to the office of the comptroller, department of personnel and administration, budget bureau, and the department of procurement and general services. The secretary of administration and finance shall guide such transition so that the amount of such interim expenditures accounting is consistent with the annualized appropriation so as to prevent deficiencies in such appropriations. The transition plan shall allow departments to have employees in the positions established by prior position schedules, and conduct payroll accounting activities until new position schedules are established. Upon implementation of a new position schedule, the departments with the approval of the comptroller's office, may execute accounting adjustments retroactive to July first, nineteen hundred and ninety-six to redistribute any interim payroll expenditure accounting to the fiscal year nineteen hundred and ninety-seven appropriation account. The transition plan shall allow the departments in consultation with the department of procurement and general services to amend all encumbrances and contracts as relevant to the new line items of appropriation; and upon completion of such amendments, the departments with the approval of the comptroller's office may execute accounting Chap. 151 adjustments retroactive to July first, nineteen hundred and ninety-six to redistribute any interim encumbrance or contract expenditure activity to the fiscal year nineteen hundred and ninety-seven appropriation account. The transition plan may establish such mechanisms and procedures as deemed relevant to maintain operations during the transition period and create a basis for accounting adjustments as described above to align expenditure to line items of appropriation as set forth in the general appropriations act for fiscal year nineteen hundred and ninety-seven. It is the intention of this section, that all accounting during the transition period will be reconciled, redistributed, and be aligned to the fiscal year nineteen hundred and ninety-seven budget and that ongoing accounting operations for the remainder of fiscal year nineteen hundred and ninety-seven shall be conducted directly to the line item appropriation. SECTION 543. Notwithstanding the provisions of any general of special law to the contrary, the secretary of the executive office of health and human services is hereby authorized and directed to negotiate the development of a unified medicaid state plan among agencies of the secretariat, in consultation with the secretary of the executive office of elder affairs and the secretary of the executive office of administration and finance. Said state plan shall vest authority for administration of the medicaid program established by Title XIX of the Social Security Act, or its successor federal statute, solely in the division of medical assistance pursuant to section one of chapter one hundred and eighteen E of the General Laws. Said unified state plan shall be filed for approval with the health care finance administration not later than October first, nineteen hundred and ninety-six. Said unified state plan, and any understandings reached by said agencies relative to its implementation, shall allow for the division to delegate authority to administer certain components, duties and functions of the medicaid program to other state agencies by interagency service agreements, provided such delegation is in conformity with said federal and state laws and promotes the cost-effective administration of said program. In developing and implementing said unified state plan, the secretary shall assure that federally reimbursable services and benefits established in the medicaid state plan in effect on June thirtieth, nineteen hundred and ninety-six as administered by the Massachusetts commission for the blind pursuant to section one hundred and thirty-one E of chapter six of the General Laws are incorporated in said unified state plan. Said unified state plan shall further provide, to the extent permitted by federal law and approved by the health care finance administration, for the continued administration of medicaid eligibility determination functions for blind persons by said commission as said functions were performed on said June thirtieth; provided, that medicaid benefits and services made available to said blind persons shall be managed solely by the division of medical assistance pursuant to said interagency service agreements. SECTION 544. Notwithstanding any law or regulation to the contrary, section 145 A of chapter 140 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by inserting, in line 2, after the word "any" the word:- uninsured. Chap. 151 SECTION 545. Notwithstanding any general or special law to the contrary, no site may be used as a solid waste handling or processing facility without a valid site assignment and permit as required by solid waste management regulations, 310 CMR 16.00 and solid waste management facility regulations, 310 CMR 19.00, regardless of whether such a facility was operating on such a site prior to December first, nineteen hundred and ninety-five or on the effective date of such regulations. SECTION 546. Notwithstanding the provisions of section three of chapter sixteen of the General Laws, the commissioner of the department of highways and the secretary of the executive office of transportation and construction shall maintain a Massachusetts highway district one administrative office in the town of Lenox and a Massachusetts highway district two administrative office in the city of Northampton; provided, however, that the commissioner is hereby directed to maintain staffing levels of at least one district highway director, one district construction engineer, one projects development engineer, one maintenance engineer, and one administrative manager in each said office. SECTION 547. Notwithstanding the provisions of subsections 15.221 through 15.226 of 310 CMR 15.000 of the rule or regulation or any general or special law to the contrary, in site pre-existing metal tanks shall not be cause for automatic inspection failure due to noncompliance with the provisions of Title 5 of the state environmental code, the provisions of this section shall not effect or change the prohibition of metal tanks for the construction of new septic systems or septic tanks not installed within the past twenty years. SECTION 548. Notwithstanding the provisions any general or special law to the contrary, each individual source of contributions to the state's Highway fund shall be maintained at the current level or higher; provided, however, that this section shall remain in effect until construction of the Central Artery/Tunnel Project is complete, or until any short term bonds issued to meet the cost of construction during the peak construction period, so-called, are paid in full, whichever is later. SECTION 549. Notwithstanding the provisions of any general or special law to the contrary, no hunting of any kind shall be allowed on Flint's Pond or the approximate eighty-nine acres adjacent to said pond which is owned and operated by the division of fisheries and wildlife in the town of Tyngsborough. SECTION 550. Notwithstanding the provisions of section nineteen of chapter eighteen B of the General Laws or any other general or special law to the contrary, the department of Social Services may use funds in the Expendable Trust D.C.G. Wards-Payments trust pursuant to the provisions of section eighteen of chapter eighteen B of the General Laws and interest paid on said account on or after July first, nineteen hundred and ninety-three, for the purpose of funding scholarships to be awarded to foster children who are or have been in the care of the department of social services and who are or will be pursuing a degree at an accredited institution of higher education. SECTION 551. Notwithstanding the provisions of clause Forty-first of section seven of chapter four of the General Laws or any other general or special law to the contrary, the commissioner of revenue or other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section twenty-five A of Chap. 151 chapter fifty-eight of the General Laws shall use the nineteen hundred and ninety-four city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under such local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the school aid program established under the provisions of chapter seventy of the General Laws and regional public libraries. Such assessments shall include, but not be limited to, air pollution control districts, the Metropolitan Area Planning Council, the Old Colony Planning Council, the Massachusetts Bay Transportation Authority and any other entity for which said commissioner is required to give notice pursuant to said section twenty-five A. SECTION 552. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer is hereby authorized to pay for items under section thirty-eight C of chapter twenty-nine of the General Laws from items 0699-0015 and 0699-9100; provided, however, that such payments pertain to the bonds, notes, or other obligations authorized to be paid from each item. SECTION 553. Notwithstanding the provisions of section seventeen of chapter forty-four of the General Laws, the officers of a city, town or regional school district authorized to issue bonds, notes or certificates of indebtedness for a school construction project, for which it has received notice that it has filed a complete school building assistance application with the department of education and that the project has been placed by the department on the school building assistance priority list, may refund, by the issuance of refunding notes, a temporary loan issued in anticipation of money to be derived from the sale of such bonds, notes or certificates; provided, however, that the period from the date of issue of the original temporary loan to the final maturity of any such refunding notes shall not exceed five years and; provided further, that such refunding notes need not be paid in part from revenue funds of the city, town or regional school district until the end of the fiscal year following the fiscal year in which the board of education approves the project for a school construction grant pursuant to the provisions of chapter six hundred forty-five of the acts of nineteen hundred and forty-eight or any successor school construction grant statute. The time within which the serial bonds, notes or certificates of indebtedness issued to pay refunding temporary notes issued hereunder must be due and payable shall be extended by the period from the date of the original temporary loan to (a) the date of issue of such serial bonds, notes or certificates or (b) the end of the fiscal year in which the board of education approves the project for a school construction grant, whichever date is earlier. SECTION 554. Notwithstanding any general or special law to the contrary, authorized representatives of the director of labor and workforce development, shall include auditors from the department of revenue to perform the functions authorized by section forty-five of chapter one hundred and fifty-one A of the General Laws; provided, however, that the commissioner of labor and the commissioner of the department of revenue shall enter into a mutually acceptable arrangement for the assignment of such auditors. SECTION 555. Notwithstanding any general or special law to the contrary, there is hereby established and set up on the books of the commonwealth and within the office of the treasurer of the commonwealth a fund which shall be called the: Pension Adjustment Chap. 151 Fund. During fiscal year nineteen hundred and ninety-seven, the treasurer shall cause to be deposited into said fund an amount of not less than five million dollars, generated by the cost savings resulting from the state treasurer's initiative to reduce the amount of investment manager fees expended by the commonwealth through the reduction of the number of investment advisors or other pension consultants retained by the treasurer with respect to state pension funds or through other means. SECTION 556. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the executive office of environmental affairs, and any successor agency, is authorized and directed to extend the deadline for the town of Groveland's use of any land acquisition monies awarded on or about October twenty-fourth, nineteen hundred and ninety-five, including, but not limited to, those monies awarded under the Executive Office of Environmental Affairs Self-Help program for Nun's Hill from June first, nineteen hundred and ninety-six to December thirty-first, nineteen hundred and ninety-six, and is further authorized and directed to extend the deadline for the city of Beverly's use of any land acquisition monies awarded on or about September twenty-ninth, nineteen hundred and ninety-five, including, but not limited to, those monies awarded under the executive office of environmental affairs self-help program for the Geary property on the Beverly waterfront from June first, nineteen hundred and ninety-six to December thirty-first, nineteen hundred and ninety-six. SECTION 557. Notwithstanding any general or special law to the contrary, in fiscal year nineteen hundred and ninety-seven, the department of revenue shall employ an additional ten field auditors, in the multi-state bureau, so called, and ten additional field auditors in the metro bureau, so called, at a cost of no more than eight hundred and eighty thousand dollars in salary, benefit, equipment and supply expenses in fiscal year nineteen hundred and ninety-seven. Said additional field auditors shall be in addition to the auditors authorized by section two hundred and forty-nine of chapter thirty-eight of the acts of nineteen hundred and ninety-five. Said expenses of such additional auditors shall be paid from the funds appropriated in item 1201-0130 in section two. No person employed by the department as of May first, nineteen hundred and ninety-six, except those auditors authorized by said section two hundred and forty-nine, shall be compensated from said item 1201-0130; provided, however, that the number of persons in field audit positions in the multi-state and metro bureaus, so called, shall increase by sixty when measured against the number of persons in field audit positions in said bureaus as of May first, nineteen hundred and ninety-five. The revenues assessed by these sixty auditors shall be deposited, when collected, in the tax revenue maximization fund, established by said section two hundred and forty-nine. Said fund shall be for the exclusive purpose of the deposit of monies collected by the auditors authorized by this section and said section two hundred and forty-nine. Any monies remaining in said fund at the close of the fiscal year shall be transferred to the general fund. Said fund shall not be subject to any other transfers. SECTION 558. Notwithstanding any general or special law to the contrary, the office of consumer affairs and business regulation, in consultation with the department of environmental protection, the executive office of public safety, the division of insurance and Chap. 151 the division of standards, shall study the advisability of transferring to the division of registration other state agencies with similar registration and licensing functions, including but not limited to the board of licensed site professionals, the board of motor vehicle damage appraisers, the board of waste water operators, and the examiners of oil burner technicians. The office shall file a report of its recommendations with the governor and the house and senate committees on ways and means not later than January fifteenth, nineteen hundred and ninety-seven. SECTION 559. Notwithstanding the provisions of any general or special law to the contrary, the criminal justice training council is hereby authorized and directed to charge one thousand eight hundred dollars per recruit for training programs operated by the council for recruits of city and towns police departments who begin training on or after July first, nineteen hundred and ninety-six. The state comptroller is hereby authorized and directed to transfer one thousand eight hundred dollars multiplied by the number of such recruits from each municipality from the local aid payments of the municipality in which said recruit shall serve. Said council shall transmit the required information to the comptroller and the comptroller shall make said transfers in the fiscal quarter immediately following the completion of training. The state comptroller shall certify all such transfers to the house and senate committees on ways and means no later than thirty days after completion of said transfer. Upon completion of training, said training fee of one thousand eight hundred dollars shall be deducted from the recruit's wages in eighteen equal monthly installments or as otherwise negotiated. SECTION 560. (a) Notwithstanding any general or special law to the contrary, there shall be established upon the books of the commonwealth a separate fund to be known as the Division of Registration Trust Fund. Said fund shall consist of one hundred percent of the additional fee revenue collected in accordance with subsection (b) by the division and the various boards serving within the division pursuant to section nine of chapter thirteen. Such fees shall be in addition to any fees for obtaining and renewing a license, certificate, registration, permit or authority as determined by the commissioner of administration and finance under section three B of chapter seven established prior to July first, nineteen hundred and ninety-six. The monies in said fund may be expended, without further appropriation, by the division of registration established by section eight of said chapter thirteen. The director of said division is authorized to approve expenditures from this account including, but not limited to, expenditures for the shared administrative costs of the operations and programs of the division and the boards therein including, but not limited to, the cost of additional shared personnel. The director of said division is hereby directed to ensure that funds from this account shall be expended to provide services in an amount reasonably related to the cost of each board's or unit's administrative and regulatory mandates with consideration to the amount of revenue generated by each such board or unit. Monies in the trust fund that are unexpended at the end of the fiscal year shall remain in the trust fund and not revert to the General Fund; provided, however, that the amount of any such unexpended funds that exceeds, by more than twenty percent, the division's total expenditures for the previous fiscal year shall revert to said General Fund. Chap. 151 (b) The boards of registration serving within the division of registration pursuant to section nine of chapter thirteen are hereby authorized, following a public hearing, to increase fees to be collected by said division for the purpose of obtaining or renewing a license, certificate, registration, permit or authority issued by said boards or division by an amount not to exceed thirty percent of the fees in effect and determined by the commissioner of administration and finance pursuant to section three B of chapter seven as of July first, nineteen hundred and ninety-six. The comptroller is hereby authorized and directed to credit to the Division of Registration Trust Fund any and all amounts thereby collected by said division as a result of an increase in fees in excess of fee rates in effect as of July first, nineteen hundred and ninety-six. The comptroller is hereby further authorized and directed to submit to the house and senate committees on ways and means, on a quarterly basis, a report detailing the amounts credited to and expended from said fund and the sources of and purposes for which said funds have been expended. SECTION 561. Notwithstanding any general or special law to the contrary, the department of public health, the department of mental health and the department of mental retardation are each hereby authorized and directed to develop a five-year plan regarding the projected operational status of facilities managed or operated by said departments, including state hospitals, state schools, developmental centers for the mentally retarded and community health centers. Said plan shall detail the number of consumers residing in each such facility as of June thirtieth, nineteen hundred and ninety-six, the current average cost of consumer care at each such facility, the number of proposed placements of such consumers into community-based settings and the projected time frames for such placements, an analysis of the availability of community-based settings over the five-year period, and an analysis of the costs of developing and maintaining such community-based placements over the five year period. Said plan shall compare the distribution, per planning population, of the facilities of the departments to that of other similarly populated states. Said plan shall detail any proposed privatization, consolidation or closure of bed capacities at said facilities, the fiscal and policy rationale for any such proposals, and the costs, timetable and description of the proposed replacement sites or service alternatives needed to maintain the same level of services to consumers upon the closure or consolidation of any such facilities. Said plan shall detail the amount of square footage underutilized at each existing facility as of June thirtieth of nineteen hundred and ninety-six and shall detail the projected capital costs associated with the maintenance of the existing and proposed facilities. Said plan shall detail the projected savings from any such consolidation or closure and shall detail the proposed usage of such savings. Said plan shall identify the programs, bed capacities and staffing pattern that would remain state operated after the implementation of any proposed facility consolidation or closure. Said plan shall identify all proposed steps for relocating state employees who would be dislocated as a result of the proposed facility consolidation or closure. Said plan shall be submitted to the secretary of administration and finance and the house and senate committees on ways and means on or before October thirteenth, nineteen hundred and ninety-six. Chap. 151 SECTION 562. Notwithstanding any general or special law to the contrary, four hundred seventy-five thousand dollars from item 5911-1000 of section two and two hundred seventy-five thousand dollars from item 5011-0100 of said section two shall be placed in a reserve to provide funds, pursuant to this section, for an association of human services providers in the commonwealth that have recognized a common exclusive collective bargaining representative of their employees, in this section known as the consortium. Before the obligation or expenditure of any funds from said reserve, the consortium shall submit to the executive office of health and human services, on or before October first, nineteen hundred and ninety-six, or sixty days after the effective date of this section, whichever comes later, a financial plan describing and attaching copies of: (1) any agreements for joint purchasing of supplies or equipment entered into by the members of the consortium, the effective date of such agreements, and the dollar amount of savings which will thereby be achieved in fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight; (2) any agreements among consortium members for sharing or pooling of resources to provide increased educational programs for the training of staff who serve clients whose care is paid for by the commonwealth, the effective date of such agreements, and the dollar amount of savings which will thereby be achieved in fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight; (3) any joint retirement programs established by the members of the consortium, the effective date of such joint programs, and the dollar amount of savings which will be achieved from such joint programs in fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight; (4) any agreements for cooperative approaches to funding of staff benefits entered into by members of the consortium, the effective date of such agreements, and the dollar amount of savings which will thereby be achieved from such agreements in fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight; (5) any agreements for increased compensation in fiscal years nineteen hundred and ninety-seven or nineteen hundred and ninety-eight for employees of the members of the consortium designed to attract and retain qualified staff, the effective date of such agreements, and the total dollar amount of increased costs that will thereby be incurred and any amount of savings that will thereby be achieved due to reduced worker turnover or otherwise in fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight; and (6) grants, administrative measures and changes in work rules that have been agreed upon by members of the consortium to improve efficiency, productivity, and quality of care, the effective date(s) of such changes, and the dollar amount of savings which are predicted to be achieved in fiscal years nineteen hundred and ninety-seven or nineteen hundred and ninety-eight. A committee comprised of the state auditor, the secretary of health and human services and the director of labor and workforce development shall review the consortium's analysis of the dollar savings, increased costs and improvements in efficiency, productivity and quality of care to be generated by the plan. The committee shall file with the house and senate committees on ways and means and with the division of purchased services a report of its conclusions within thirty days after submission of the plan by the consortium. If the Chap. 151 committee concludes that the consortium's submitted cost figures are generally accurate, and further concludes that the cost increases generated by the increased compensation, training and benefits to employees do not exceed the cost savings generated by the plan by more than seventy-five percent, then the division of purchased services shall, within thirty days after issuance of the committee's report, pay to the consortium from the reserve fund an amount equal to the cost increases associated with increased employee compensation, training and benefits for fiscal year nineteen hundred and ninety-seven, up to the amount appropriated to the reserve fund. If the committee concludes that the cost figures set forth in the consortium's plan are not generally accurate, or if the committee concludes that the cost increases generated by increased compensation, training and benefits to employees exceeds the amount of cost savings generated by the plan by more than seventy-five percent, then the division of purchased services shall not release any funds from the reserve unless and until the consortium has submitted a supplemental or revised plan and the committee has revised its conclusions. The consortium shall submit any such supplemental or revised plan no later than the January fifth, nineteen hundred and ninety-seven, or thirty days after notification of the committee's initial decision, whichever comes later, and the committee shall file with the house and senate committees on ways and means and with the division of purchased services a report on such supplemental or revised plan within thirty days thereafter. If the committee, upon review of the supplemental or revised plan, concludes that cost figures in the plan are generally accurate and the cost increases generated by the employee compensation, training and benefits increases do not exceed the cost savings which will be generated by the plan by more than seventy-five percent, then the division of purchased services will, within thirty days after the committee's issuance of its revised report, pay to the consortium from the reserve fund an amount equal to the cost increases associated with increased employee compensation, benefits and training for fiscal year nineteen hundred and ninety-seven, up to the amount appropriated to the reserve fund. Any funds received by members of the consortium through the compact program shall be deemed to be a rate increase for the human service provider receiving said funds under a legislative order pursuant to 808 CMR 1.10 (2) and shall not be considered off-setting revenue as defined in 808 CMR 1.02, nor shall receipt of said funds by a program contract operated by said human service provider serve as a basis for a reduction in a rate, maximum obligation or resource. Nor shall any such funds be construed or deemed to be in lieu of or in substitution for any appropriation increases to human service providers made by the commonwealth. To the extent such funds are applied to increase salaries or fringe benefits of employees of a human service provider, which is a member of the consortium, pursuant to a collective bargaining or other such agreement, said funds shall be added, subject to appropriation, to the maximum obligation of the applicable program contract or contracts, if any, of the human service provider in fiscal year nineteen hundred and ninety-eight. Chap. 151 SECTION 563. Notwithstanding the provisions of section thirty of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the division of energy resources is hereby authorized to procure, in accordance with all applicable procurement and solicitation laws, comprehensive motor vehicle insurance coverage for electric vehicles purchased for use in the commonwealth's electric vehicle demonstration program; provided, however, that nothing in this section shall be construed so as to require any additional state appropriated funds for the division of energy resources; and provided further, that such coverage may continue or be renewed until the conclusion of said electric vehicle demonstration program. SECTION 564. Notwithstanding the provisions of any general or special law to the contrary, on or before January fifth, nineteen hundred and ninety-seven, the commissioner of the department of social services shall promulgate regulations requiring that all persons employed by the department as social workers obtained a license pursuant to section one hundred and thirty-one of chapter one hundred and twelve of the General Laws and shall attend in-service training programs offered by the department at least two times per year. The commissioner shall develop such regulations for public notice and comment after consultation with and advice from the secretary of the executive office of health and human services, the state advisory council, the regional directors and regional advisory councils, the area directors and area boards, and the social workers employed by the department or their collective bargaining representatives. The regulations shall be effective as of April first, nineteen hundred and ninety-seven, or such time as the collective bargaining representatives of the commonwealth and of the social workers employed by the department have bargained to agreement or to an impasse as determined by the board of conciliation and arbitration pursuant to section nine of chapter one hundred and fifty E of the General Laws over the impact of such regulations; provided, however, that the department shall pay the fee required by the board of registration of social workers for such licensure for each social worker presently employed by the department on a one-time-only basis, and provided, further, that the regulations shall provide for the "grandfathering", so-called, of social workers employed by the department as of the effective date of the regulations for a period of not less than one year and not more than four years and shall excuse persons with a higher level of licensure as provided in said section one hundred thirty-one of said chapter one hundred and twelve from obtaining the license referred to in the first paragraph of this section. The regulations may provide for different levels of licensure for social workers with different levels of responsibility in the department, provided, however, that any such regulations shall be promulgated pursuant to a staffing plan that specifies the rationale for requiring said different levels of licensure, the projected impact on payroll costs and any adjustments to collective bargaining agreements that said different levels would necessitate, and the projected number of positions, by functional job title, requiring said different levels of licensure that the department deems necessary to meet its management and supervisory needs in fiscal year nineteen hundred and ninety-seven and nineteen hundred and ninety-eight. Said staffing plan shall be filed with the house and senate committees on ways and means at the same time the regulations required by this section are promulgated. Chap. 151 SECTION 565. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of health and human services, shall establish, by regulation or otherwise, to the extent consistent with federal law, a system whereby a consumer of services or benefits provided by more than one agency of the commonwealth may be identified by each such agency through the use of a single or common identifying number. SECTION 566. On or before the January fifth, nineteen hundred and ninety-seven, the commissioner of the department of social services shall promulgate regulations defining and providing for differing levels of foster family care, including, but not limited to, a level of foster care designed to enable children with special medical, psychological and social needs to be placed in foster family care instead of more structured group care settings. The regulations shall include, but not be limited to, provisions for a tiered-reimbursement system which reflects the added demands on foster families with whom children with special medical, psychological and social needs are placed; provided, however, that the annualized increased cost of implementing said tiered-reimbursement rate shall not exceed eight million dollars. The commissioner shall develop such regulations for public notice and comment after consultation with and advice from the state advisory council, the regional directors and regional advisory councils, the area directors and the area boards. The regulations shall have an effective date of no later than the February fifteenth, nineteen hundred and ninety-seven. The commissioner shall provide a copy of the proposed regulations and an explanation of why the regulations as proposed would not result in an annualized increased cost of more than eight million dollars to the house and senate committees on ways and means on or before January fifteenth, nineteen hundred and ninety-seven. SECTION 567. (a) Notwithstanding the provisions of any general or special law to the contrary, all functions, duties and responsibilities for operation and management of the jail, house of corrections and registry of deeds of Franklin county and all duties and responsibilities for operation and management of property occupied by the courts in Franklin county are hereby transferred to the commonwealth, subject to the provisions of this section. (b) Notwithstanding the provisions of any general or special law to the contrary, pursuant to this section, the county government of Franklin county is hereby abolished, as of July first, nineteen hundred and ninety-seven. Nothing in this section shall affect the existing county boundaries. All powers and duties of Franklin county under any existing regional services agreements or special acts are hereby transferred to the Franklin Council of Governments established pursuant to subsection (r). (c) All valid liabilities and debts of Franklin county pertaining to the functions cited in subsection (a) which are in force on June thirtieth, nineteen hundred and ninety-seven, are henceforth obligations of the commonwealth, except as may be otherwise provided in this section. (d) All valid leases and contracts of Franklin county pertaining to the functions cited in said subsection (a) which are in force on June thirtieth, nineteen hundred and ninety-seven, are henceforth obligations of the commonwealth and the commonwealth shall have authority to exercise all rights and enjoy all interests conferred upon the county by said Chap. 151 leases and contracts except as may be otherwise provided in this section. (e) Notwithstanding the provisions of any general or special law to the contrary, there is hereby transferred to the commonwealth all right, title and interest in real and personal property including without limitation, except as may be otherwise provided in this section, the Franklin county courthouse, the Franklin county registry of deeds, the Franklin county jail and house of corrections, and the land on which they are situated and the parking facilities, fixtures and improvements located thereon or associated therewith. Such transfer shall be subject to the provisions of chapter seven of the General Laws and the jurisdiction of the commissioner of the division of capital planning and operations, or his successor, as provided therein. Personal property of the offices and meeting rooms of the Franklin county commissioners shall become the property of the Franklin Council of Governments. The transfers under this subsection shall be effective and shall bind all persons, with or without notice, without any further action or documentation. The commissioner of the division of capital planning and operations, or his successor, may, from time to time, execute and record and file for registration with such registry of deeds or land court, a certificate confirming the commonwealth's ownership of any interest in the real property formerly held by Franklin county. Funds held in trust by the county of Franklin for specific charitable or program purposes other than those pertaining to the court, jail or registry of deeds shall remain under the custody of the Franklin Council of Governments. (J) Herlihy Park, so called, a parcel of fifteen acres, more or less, located in the town of Whately and under long term lease from the county by said town for use as a recreation area, shall be offered without consideration to the town upon dissolution of the county. If the town declines to take ownership of the property within one hundred eighty days of the offer, the commonwealth shall take possession of said property without abrogation of the lease to the town of Whately. (g) The Franklin Council of Governments may occupy, without consideration, such space as is under the control of the Franklin county commissioners in the Franklin county courthouse as of June thirtieth, nineteen hundred and ninety-seven, or its equivalent, including common use of parking. Not later than February first, nineteen hundred and ninety-eight, the Franklin Council of Governments Committee, the commissioner of the division of capital planning and operations, and the chief justice for administration and management of the trial court shall jointly recommend to the house and senate committees on ways and means alternative methods for providing suitable quarters for the Franklin Council of Governments, including fair compensation for moving expenses. {h) Notwithstanding any general or special law to the contrary, the county commissioners of Franklin county shall on July first, nineteen hundred and ninety-seven, become known as the Franklin Council of Governments Committee and each member may serve until the end of the current term as if a county commissioner and until a successor committee member is elected. Said committee shall be the chief executive officer of the Council of Governments and shall have the powers of selectmen under sections fifty-two and Chap. 151 fifty-six of the chapter forty-one of the General Laws. Two members of the Franklin Council of Governments Committee shall be chosen by the voters of Franklin county at the biennial state election in the year two thousand, and in every fourth year thereafter, and one committee member shall be so chosen at the biennial state election in the year nineteen hundred and ninety-eight, and in every fourth year thereafter, and in addition at each biennial state election such number of members of the committee will be so chosen as may be required to fill vacancies. No more than one of the committee members shall be chosen from the same city or town. If two persons residing in the same city or town shall appear to have been chosen to said offices, only the person receiving the larger number of votes shall be declared elected; but if they shall receive an equal number of votes, neither person shall be declared elected. If a person residing in a city or town where a committee member who is to remain in office also resides, shall appear to have been chosen, he shall not be declared elected. If the person is not declared elected by reason of the above provisions, the person receiving the next highest number of votes for the office, and who resides in another city or town, shall be declared elected. (/) Notwithstanding any special or general law to the contrary, the Franklin county register of deeds in office June thirtieth, nineteen hundred and ninety-seven shall become an employee of the commonwealth under the secretary of the commonwealth effective July first, nineteen hundred and ninety-seven. The register shall remain an elected official retaining local administrative control under the general direction of the state secretary. The salary of such register shall be set at a sum equivalent to sixty percent of the salary of an associate justice of the land court. The operation of the registry shall remain under the control of the register as provided by law. The budget of the registry shall be determined by the secretary of the commonwealth, subject to appropriation by the general court; the register shall appoint employees and subordinates subject to the approval of the secretary. The secretary of the commonwealth shall have the authority, if he determines after consultation with the register that a pattern of conduct, standard, practice or procedure of the registry is contrary to law, to order such official to comply with the law. (/') Notwithstanding any general or special law to the contrary, the sheriff of Franklin county in office June thirtieth, nineteen hundred and ninety-seven, shall become an employee of the commonwealth under the secretary of public safety effective July first, nineteen hundred and ninety-seven. The sheriff shall remain an elected official retaining local administrative control under the general direction of the executive office of public safety. The salary of such sheriff shall be set at a level equivalent to the salary of the superintendent of a comparable state corrections facility, to be determined through a classification study conducted by the state personnel administrator. (k) Notwithstanding any general or special law to the contrary, the Franklin county treasurer, appointed by the county commissioners under chapter twelve of the acts of nineteen hundred ninety-five, shall on July first, nineteen hundred and ninety-seven, become known as the director of finance for the Franklin Council of Governments. The director of finance shall be appointed by the Franklin Council of Governments Committee. The director Chap. 151 of finance shall have the powers and duties of a municipal treasurer under section thirty-five of chapter forty-one and under sections fifty-four, fifty-five and fifty-five A of chapter forty-four of the General Laws. The director may also incur temporary debt in anticipation of revenue for a term not to exceed one year, with the approval of a majority of the Franklin Council of Governments Committee. Such temporary debt shall not exceed one-half of the amount of the Council of Governments assessment under subsection (v). Sections sixteen to nineteen, inclusive, and sections twenty-one to twenty-two C, inclusive, of chapter forty-four of the General Laws shall, so far as apt, apply to debt issued under this subsection. The director of finance shall serve in the same capacity as the county treasurer with respect to the retirement system. (0 Notwithstanding any general or special law to the contrary, effective July first, nineteen hundred and ninety-seven, the commonwealth shall assume all financial control and responsibility over the Franklin county registry of deeds, Franklin county jail and house of corrections and Franklin county courthouse operations. (m) All revenues collected from the operation of the functions cited in subsection (a) shall become revenues of the commonwealth on and after the effective date of this section, subject to the provisions of this section. All revenues collected from the operation of the functions cited in said subsection (a) before the effective date of this section which have not been expended or encumbered on or before June thirtieth, nineteen hundred and ninety-seven, shall be transferred to the commonwealth, subject to the provisions of this section. Deeds excise taxes shall be included as revenue collected for the operation of the functions cited in subsection (a). (n) Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the Franklin county sheriff, all deputies, jailers, superintendents, keepers, officers, assistants and other employees of the sheriff, employed on the effective date of this section in the discharge of their responsibilities set forth in section twenty-four of chapter thirty-seven and in section sixteen of chapter one hundred and twenty-six of the General Laws, transferred by this section to the commonwealth, shall be transferred with no impairment of employment rights held immediately before the effective date of this section, without interruption of service, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation. Any collective bargaining agreement in effect immediately before said effective date of the transfer shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. Nothing in this subsection shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date. All demands, notices, citations, writs, precepts, and all other notices given by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or other employees of Chap. 151 a sheriff, as the case may be, before the effective date of this section shall be valid and effective for all purposes unless otherwise revoked, suspended, rescinded, canceled or terminated in accordance with law. Any enforcement activity imposed by the sheriff, any deputies, jailers, superintendents, keepers, officers, assistants or other employees of the sheriff, before the effective date of this section shall be valid, effective and continuing in force according to the terms thereof for all purposes, unless superseded, revised, rescinded or canceled in accordance with law. All petitions, hearings, appeals, suits and other proceedings duly brought against, and all petitions, hearings, appeals, suits, prosecutions and other legal proceedings begun by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or other employees of the sheriff, as the case may be, which are pending immediately before the effective date of this section, shall continue unabated and remain in force notwithstanding the passage of this section. All records maintained by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants and other employees of the sheriff before the effective date of this section shall continue to enjoy the same status in any court or administrative proceeding, whether pending on the effective date of this section or commenced thereafter, as they would have enjoyed in the absence of the passage of this section. Employees of the Franklin county registry of deeds shall be transferred to the commonwealth under the office of the state secretary as of the effective date of this section. The rights of such transferred employees will be governed by the same laws and rules generally applicable to employees of the state secretary. (o) In the case of employees of the Franklin county jail or house of correction in the custody and control of the sheriff of Franklin county, the employer, as defined in section one of chapter one hundred and fifty E of the General Laws, shall mean the sheriff of Franklin county or any individual who is designated to represent the sheriff and act in his interest in dealing with employees. (p) Notwithstanding any general or special law to the contrary, the provisions of subsection (c) of section seven of said chapter one hundred and fifty E shall apply to the sheriff of Franklin county. (q) Employees of Franklin county who have retired or retire on or before June thirtieth, nineteen hundred and ninety-seven shall remain a part of the Franklin county retirement system and are subject to the health insurance plans, rules and regulations of the Franklin Council of Governments. The Franklin Council of Governments shall be a member of the Franklin county retirement system as successor to Franklin county. The powers, duties and responsibilities of Franklin county with respect to group health insurance under chapter thirty-two B of the General Laws are hereby transferred to the Franklin Council of Governments. The Franklin Council of Governments shall continue to provide health insurance coverage for covered employees transferred to the commonwealth by this section until October first, nineteen hundred ninety-seven. During the period employees continue Chap. 151 to remain covered by the Franklin Council of Governments plan, employee payroll deductions and employer contributions shall be made by the commonwealth and paid over to the Franklin Council of Governments. The Franklin Council of Governments shall pay any necessary premiums in anticipation of reimbursement from the commonwealth. The contribution ratio effective during the transition period shall be the effective ratio for state employees. (r) The Franklin Council of Governments is hereby established within the geographical boundaries of Franklin county. Any powers previously conferred upon the Franklin county and its county commissioners by chapter four hundred and twenty-five of the acts of nineteen hundred and sixty-three as amended shall be retained by the Franklin Council of Governments and the Franklin Council of Governments Committee. The Franklin Council of Governments Committee shall have all the powers and duties of county commissioners under chapters eighty-one to eighty-eight, inclusive, of the General Laws. The Franklin Council of Governments shall retain the powers and duties of counties under chapter one hundred and forty of the General Laws with respect to dogs and other animals. Any and all regional planning activities or functions established for Franklin county pursuant to the provisions of chapter four hundred and twenty-five of the acts of nineteen hundred and sixty-three, and functions authorized for regional planning commissions by sections five, five A, five B, and fourteen of chapter forty B of the General Laws, shall be the responsibility of the Franklin Council of Governments Committee. The Council of Governments Committee as the executive body and the Regional Advisory Board as the legislative body shall have and may exercise any and all authority for regional planning as may be authorized by state law and shall be responsible for the establishment of policies to guide all regional planning and development activities of the Franklin Council of Governments. The Franklin Regional Planning Board shall advise the Council of Governments Committee and Regional Advisory Board on all issues related to planning and shall make recommendations as appropriate. The Franklin Council of Governments may apply for state, federal or other entities' grant or other programs on such terms as apply to county governments. (s) Notwithstanding any general or special law to the contrary, the county advisory board of Franklin county shall on July first, nineteen hundred and ninety-seven become known as the Franklin Regional Advisory Board. The advisory board shall consist of a member of the board of selectmen of each town. Each town shall have a weighted vote based on that town's assessment for expenses of the Council of Governments. Each town's weighted vote will be computed based on the most recent biennial report of the commissioner of revenue submitting the final equalization and apportionment upon the several towns of the amount of property and the proportion by ever/ one thousand dollars of regional services assessment which should be assessed upon each town, and assessment ratios for classes of property in each town under section ten C of chapter fifty-eight of the General Laws. The advisory board shall be the legislative and appropriating authority of the Council of Governments, and shall each spring adopt a budget for the following fiscal year. Chap. 151 (l) The Franklin county planning board shall henceforth be known as the Franklin Regional Planning Board. The board shall continue to be comprised of one member of each town's board of selectmen and planning board, the Council of Governments Committee, and fifteen at-large members from the region selected by the membership pursuant to its bylaws. The regional planning board shall advise the Council of Governments Committee and regional advisory board regarding any regional planning issue and shall act according to its by-laws. («) Notwithstanding the provisions of any special or general law to the contrary, any political subdivision of the commonwealth may enter into agreement with the Franklin Council of Governments to perform jointly or for the other, or in cooperation with other entities, any service, activity or undertaking which such political subdivision is authorized by law to perform. For the term of such agreement and subject to the terms thereof, said Council of Governments shall be authorized to perform such service, activity or undertaking and the regional service area committee may designate appropriate representatives to oversee such performance, provided that the functions and duties of such representative or representatives are set forth in the agreement. (v) Notwithstanding any special or general law to the contrary, for the fiscal year beginning July first, nineteen hundred and ninety-seven, and all subsequent fiscal years, the Franklin Council of Governments may impose a regional assessment up to one hundred and two and one-half percent of the amount of the county tax assessed under the provisions of chapter thirty-five of the General Laws for the fiscal year beginning July first, nineteen hundred ninety-six. The regional assessment, shall be allocated among the members of the Council of Governments in proportion to their respective equalized valuations as reported to the general court by the commissioner of revenue in accordance with section ten C of chapter fifty-eight of the General Laws. The regional assessment shall be based upon the budget adopted by the regional advisory board, net of estimated revenues. The regional assessment shall be retained by the Franklin Council of Governments and shall be used solely for the purpose of providing regional or municipal services or both, under the authority granted above. The commonwealth shall not assess the towns of Franklin county for the transfer of former County functions either directly, through a reduction in local aid, or by any other means. During the period July first, nineteen hundred and ninety-seven through June thirtieth, nineteen hundred and ninety-nine, the regional assessment may be reduced or increased from the base year of fiscal nineteen hundred ninety-seven pursuant to the action of the Council of Governments Committee and Regional Advisory Board subject to the same formula and limits of the former county tax. After June thirtieth, nineteen hundred ninety-nine, this subsection may be revised pursuant to subsection (w). (w) A Regional Charter Commission, comprised of the Franklin Council of Governments Committee and one representative from each municipality appointed by the board of selectmen, shall be constituted within ninety days of the effective date of the Franklin Council of Governments, and shall report a recommended structure for the Council of Governments not later than December thirty-first, nineteen hundred and ninety-seven. Chap. 151 Each member shall have one vote and proceedings shall be conducted pursuant to Roberts Rules of Order. Matters shall be determined by simple majority vote. Within sixty days of the first meeting of the charter commission, the commission may vote to include other individuals or groups as members of the commission. Such proposal may include changes in the executive and representative bodies, changes in the assessment allocation formula, but not the total amount of the assessment, recommendations for further transfer of functions to the commonwealth, and other related operational rules and procedures. Such proposal shall be placed on the town meeting warrants of each town in the Franklin county region in the spring of nineteen hundred ninety-eight. Such proposal shall make provision for the method of determining approval of the charter proposal, but such method of approval must require at least a majority vote of town meeting in a majority of the towns or a majority vote in a county-wide election. Such proposal shall also include provisions for towns to enter or leave participation in the base assessment and shall include a default option to abolish the Council of Governments in event such charter proposal is not approved. Such charter shall take effect July first, nineteen hundred ninety-eight. (x) The secretary of administration and finance, in consultation with the Franklin Council of Governments Committee, may issue guidelines to govern the implementation of this section. (y) Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year beginning July first, nineteen hundred and ninety-six, all net costs incurred by, or attributable to, the operations of the Franklin county jail, registry of deeds and court facilities shall become obligations of the commonwealth, to the extent that they exceed net costs for the fiscal year beginning July first, nineteen hundred and ninety-five and are determined to be reasonable by the county government finance review board. SECTION 568. Notwithstanding any general or special law, or rule or regulation to the contrary, upon failure to choose or upon a vacancy in the office of district attorney, clerk of the courts or, in Suffolk county, of the supreme judicial or superior court, register of probate or sheriff, the governor shall cause precepts to be issued to the proper officers, directing them to call an election within one hundred and twenty days for the election of such officer. SECTION 569. Notwithstanding any general or special law to the contrary, the treasurer of the commonwealth shall develop and submit to the house and senate committees on ways and means, on or before September fifteenth, nineteen hundred and ninety-six, a comprehensive implementation plan for consolidating the PRIT and MASTERS funds, so called, on or before April first, nineteen hundred and ninety-seven. Said implementation plan shall address all issues relevant to such merger or consolidation, including, but not limited to, the efficacy of such merger or consolidation, the resulting safety and integrity of the funds, the efficiency and effectiveness of the investment management of the existing funds and any proposals for improvement associated with the proposed merger or consolidation, the proposed asset allocation, the legality of trust instruments, a comparison of the amount of management fees and commissions under the existing systems and under the proposed merged or consolidated systems, an analysis of fiduciary issues raised by the Chap. 151 proposed merger or consolidation, all issues relative to plan qualification, and an analysis of the overall cost effectiveness of such merger or consolidation, verified by an independent source. The plan shall also include the treasurer's recommendations for the appropriate composition of the board which would oversee the operations of the consolidated system so as to provide fair and equitable representation of all affected employee groups, the proposed staffing needed to service a merged or consolidated plan, and a detailed report of the administrative actions required effectively to accomplish said consolidation and a schedule for completing such actions so that the consolidation may be completed in an orderly, fair and efficient manner, on or before April first, nineteen hundred and ninety-seven. On or before November fifteenth, nineteen hundred and ninety-six, the treasurer shall hold public hearings on the proposed merger or consolidation, with written advance notice to the house and senate committees on ways and means and to each beneficiary of each fund of the date, place, time and subject matter of said hearings. On or before December fifteenth, nineteen hundred and ninety-six, the treasurer shall submit to the clerks of the house and the senate any and all proposed enabling legislation he deems necessary or appropriate for the facilitation of said merger or consolidation. Said clerks shall immediately direct such legislation to the appropriate committees so as to allow due consideration of and action on such legislation prior to April first, nineteen hundred and ninety-seven. SECTION 570. Notwithstanding the provisions of any general or special law to the contrary, a special committee on electric utility restructuring shall be formed for the purpose of studying the issues surrounding the deregulation of the electric utility industry including, but not limited to, the issues of stranded cost recovery, environmental protection, low income ratepayer protection and the property tax impact on cities and towns currently siting electric generators. Further, said committee is hereby authorized and directed to make an investigation and study of the issues regarding removing the determination of need and cost from the purview of the energy facilities siting board in its review of siting new generators and the policies of electric utility deregulation as they impact the demand of Massachusetts municipal and corporate purchasers of electric power. Said committee shall consist of seven members of the senate, five members to be appointed by the senate president and two members to be appointed by the senate minority leader, and seven members of the house of representatives, five members to be appointed by the speaker of the house of representatives and two appointed by the house minority leader. Such committee shall file its initial report, including proposed legislation reforming the energy facilities siting board and legislation allowing municipal and corporate demand aggregation, with the clerk of the senate and the house of representatives on or before December first, nineteen hundred and ninety-six. SECTION 571. Not less than one hundred and sixty-six thousand dollars of the funds appropriated for the purposes of a scientific research grant program to investigate the potential environmental contributors to incidents of breast cancer in "areas of unique opportunity," so called, and to examine such environmental components as authorized in item 4570-1500 of chapter thirty-eight of the acts of nineteen hundred and ninety-five shall be made available for said purposes until June thirtieth, nineteen hundred and ninety-seven. Chap. 151 SECTION 572. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, at the request of the department of social services, shall provide assistance in developing and implementing the treatment plans required pursuant to section thirty-three B of chapter one hundred and nineteen of the General Laws. Such assistance shall be provided from existing appropriations to the department of mental health. Any disputes between the two departments as to the extent of the department of mental health's obligations to provide such assistance shall be resolved on a timely basis by the secretary of health and human services, taking into account the needs of the child at issue. SECTION 573. Notwithstanding any general or special law to the contrary, neither the department of mental health nor the department of mental retardation shall take any action to reduce the client populations at any institutional facilities currently managed or operated by said departments, including state schools, developmental centers for the mentally retarded and community health centers, as a means of initiating closure of said facilities, and neither of said departments shall take any other steps to close any of said facilities, until (1) the five-year plans required by section five hundred and sixty-one are completed and submitted and a review of any such proposed closing has been completed by the secretary of administration and finance, (2) said departments have conducted a public hearing of which the house and senate committees on ways and means shall be given advance notice, and (3) the legislature has been given at least six months' advance notice of such closure; provided, however, that nothing herein shall be construed to prevent the transfer of any client from a state facility to a facility staffed by state employees or to a community placement when the transfer is both clinically warranted as determined by the client's individual service plan or its equivalent and approved by the client or his guardian, nor prevent the transfer of any state employee at such facility; provided further, that each of the departments shall, prior to August first, nineteen hundred and ninety-six, notify, in writing, each client currently residing at such facilities or his guardian that these facilities shall remain open pending further notice to the contrary and that the client's option of remaining at such a facility or a comparable facility shall be considered in the development of and at the next meeting in regard to the client's individual service plan or its equivalent; and provided further, that nothing in this section shall be construed as a waiver of the requirements of section three of chapter one hundred and twenty-three B of the General Laws. SECTION 574. Notwithstanding any general or special law to the contrary, the operation of 310 CMR 7.24(2)(c)(2) is hereby suspended. The commissioner of department of environmental protection is hereby authorized and directed to hold a public hearing on or before January first, nineteen hundred and ninety-seven concerning the necessity for and economic costs associated with said regulation, after having provided notice of said hearing to the parties who may be affected by the regulation and who identify themselves as such to the commissioner on or before November fifteenth, nineteen hundred and ninety-six. The commissioner is hereby further directed to submit to the house and senate committees on ways and means and the joint committees on commerce and labor and natural resources on Chap. 151 or before March first, nineteen hundred and ninety-seven a report detailing the commissioner's conclusions concerning the justification for, the economic costs associated with, and a thorough explanation of said department's position as to whether the regulation should be rescinded or the foregoing suspension of said regulation should be repealed. SECTION 575. Notwithstanding the provisions of any general or special law to the contrary, the registrar of motor vehicles shall not license any person or facility located outside of the commonwealth to conduct emissions inspections or safety inspections of motorcycles registered within the commonwealth. SECTION 576. (a) Notwithstanding any general or special law to the contrary, commencing July first, nineteen hundred and ninety-six, the parties to any proceeding conducted pursuant to section forty-three of chapter thirty-one of the General Laws, shall be afforded the opportunity to forego the hearings before the civil service commission referenced therein and choose to have the matter heard by an impartial and qualified arbitrator selected, at the parties' option, pursuant to the procedures established by the board of conciliation and arbitration as provided by chapter one hundred and fifty of the General Laws or through procedures established by the American Arbitration Association. Submission of the matter to arbitration, in lieu of proceedings before the commission, shall occur only with the voluntary, written and notarized consent of all the parties to the proceeding; provided, however, that once such written and notarized consent is submitted to the commission by all parties to the proceeding, the parties shall be obligated to comply with all procedural requirements necessary to bring the matter to arbitration and shall be bound by the decision of the arbitrator, subject only to the provisions for judicial review pursuant to section forty-four of said chapter thirty-one. Failure of a party, who has consented to arbitration, to comply with the procedural requirements necessary to bring the matter to resolution by an arbitrator shall be grounds for entry of a default judgment by the commission, and the commission is hereby authorized and directed to establish procedures for determining whether such default judgment is warranted. (b) The costs of such arbitration shall be borne by the parties to the proceedings in conformity with the rules and regulations established by the board of conciliation and arbitration or the American Arbitration Association, whichever is applicable. Within twenty days of the commission's receipt of an appeal to the commission pursuant to said section forty-three, the commission shall inform all parties in writing of the availability of the arbitration alternatives, shall provide them with a copy of the applicable rules and regulations of the board of conciliation and arbitration and the American Arbitration Association, shall inform the parties that the costs of the arbitration alternative shall be borne by the parties and not the commission, and shall inform the parties that the election to submit the dispute to arbitration in lieu of a hearing before the commission can be made at any time up to thirty days prior to commencement of the hearing authorized in the first paragraph of said section forty-three. (c) An arbitrator selected pursuant to this section shall have the same authority with respect to such proceedings as the commission has in proceedings conducted pursuant to said section forty-three. The decision of an arbitrator pursuant to this section shall be subject to Chap. 151 judicial review, as provided in said section forty-four. The arbitrator's decision shall be reviewed by the same standards set forth in said section forty-four and shall be subject to the same deference that is afforded to decisions of the commission, provided, however, that in the event of a conflict between a decision of an arbitrator and a prior decision of the civil service commission, the decision of the commission shall be afforded greater deference. The party, who initiated the proceedings before the commission pursuant to said section forty-three, shall file with the commission a copy of the award of the arbitrator, notice of institution of proceedings for judicial review pursuant to said section forty-four and a copy of any decision of the court with respect to the arbitrator's award within ten days of the issuance or filing of such award, appeal or judicial decision. (d) No later than March thirtieth, nineteen hundred and ninety-seven, the commission shall submit a report to the house and senate committees on ways and means documenting the number of cases in which the parties have elected the arbitration option, the number of such cases in which an arbitrator's award has issued, the number of such cases in which judicial review has been sought pursuant to said section forty-four, and the number of cases in which the decision of the arbitrator has been affirmed or reversed by the court. SECTION 577. (a) Notwithstanding any general or special law to the contrary, commencing July first, nineteen hundred and ninety-six, the parties to any proceeding conducted pursuant to section eleven of chapter one hundred and fifty E of the General Laws, shall be afforded the opportunity to forego the hearings before the labor relations commission referenced therein and choose to have the matter heard by an impartial and qualified arbitrator selected, at the parties' option, pursuant to the procedures established by the board of conciliation and arbitration as provided by chapter one hundred and fifty of the General Laws or through procedures established by the American Arbitration Association. Submission of the matter to arbitration, in lieu of proceedings before the commission, shall occur only with the voluntary, written and notarized consent of all the parties to the proceeding; provided, however, that once such written and notarized consent is submitted to the commission by all parties to the proceeding, the parties shall be obligated to comply with all procedural requirements necessary to bring the matter to arbitration and shall be bound by the decision of the arbitrator to the same extent as a decision of the commission, subject only to the provisions for judicial review by the appeals court as provided in the last paragraph of said section eleven. Failure of a party, who has consented to arbitration, to comply with the procedural requirements necessary to bring the matter to resolution by an arbitrator shall be grounds for entry of a default judgment by the commission and the commission is hereby authorized and directed to establish procedures for determining whether such default judgment is warranted. (b) The costs of such arbitration shall be borne by the parties to the proceedings in conformity with the rules and regulations established by the board of conciliation and arbitration or the American Arbitration Association, whichever is applicable. At the time that the commission notifies the parties that it has made a determination that there is probable cause to believe that a practice prohibited by section ten of said chapter one hundred and fifty E has been committed, the commission shall also inform all parties, in Chap. 151 writing, of the availability of the arbitration alternatives, shall provide them with a copy of the applicable rules and regulations of the board of conciliation and arbitration and the American Arbitration Association, shall inform the parties that the costs of the arbitration alternative shall be borne by the parties and not the commission, and shall inform the parties that the election to submit the dispute to arbitration, in lieu of a hearing before the commission, can be made at any time up to thirty days prior to commencement of the hearing authorized in the first paragraph of said section eleven. (c) An arbitrator, selected pursuant to this section, shall have the same authority and responsibilities with respect to such proceedings as the commission has in proceedings conducted under said section eleven. The decision of an arbitrator, pursuant to this section, shall be subject to judicial review as provided in the last paragraph of said section eleven. The arbitrator's decision shall be reviewed by the same standards set forth in said section eleven and shall be subject to the same deference that is afforded decisions of the commission, provided, however, that in the event of a conflict between a decision of an arbitrator and a prior decision of the labor relations commission, the decision of the commission shall be afforded greater deference. The party who initiated the proceedings before the commission pursuant to said section eleven shall file with the commission a copy of the award of the arbitrator, notice of institution of proceedings for judicial review pursuant to said section eleven, and a copy of any decision of the court with respect to the arbitrator's award within ten days of the issuance or filing of such award, appeal or judicial decision. (d) No later than March thirtieth, nineteen hundred and ninety-seven, the commission shall submit a report to the house and senate committees on ways and means documenting the number of cases in which the parties have elected the arbitration option, the number of such cases in which an arbitrator's award has issued, the number of such cases in which judicial review of the arbitrator's award has been sought and the number of cases in which the decision of the arbitrator has been affirmed or reversed by the court. SECTION 578. There is hereby established in the office of the chief justice for administration and management of the trial court a pilot indigency verification unit. Notwithstanding the provisions of any general or special law to the contrary, said unit may evaluate and verify the assets, income and expenses of any person requesting appointment of counsel pursuant to section two of chapter two hundred and eleven D of the General Laws, and make recommendations to the court relative to the appointment of counsel for such persons. Said unit shall conduct selected post-appointment reviews of indigency and inform the court of its findings. Said unit shall obtain access to records of the department of transitional assistance, the department of revenue, the department of corrections and such other agencies as may have information relevant to the unit, and said departments and all other state agencies shall comply with any request for records made by said unit, to the maximum extent permitted by federal law. Said unit may contract with providers of asset and credit records and other relevant information for the provisions of such information to the unit. Chap. 151 Any defendant who requests counsel to be appointed pursuant to said section two of chapter two hundred and eleven D shall be informed that the accuracy of the representations made in support of the request for appointment are subject to the verification program operating within the court and that sanctions may be imposed for misrepresentations made in support of said request. Said chief justice shall prepare and submit to the house and senate committees on ways and means on or before March first, nineteen hundred and ninety-seven, a report evaluating the operations of the unit and making recommendations concerning statewide expansion of the unit. SECTION 579. Notwithstanding the provisions of any general or special law to the contrary, the division of employment and training is hereby authorized and directed to establish and maintain a toll free telephone number for access to information concerning unemployment benefits and related matters; provided, however, that no regional department of labor office may be closed until such number is established and available. SECTION 580. Notwithstanding the provisions of any general or special law to the contrary, any private organization or entity receiving a grant of funds appropriated in this act shall, during the fiscal year nineteen hundred and ninety-seven, indicate on its official letterhead or other stationery that said organization or entity receives funding from the commonwealth. SECTION 581. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, the division of housing and community development is hereby authorized to conduct annual verifications of household income levels based upon state tax returns for the purposes of administering the state and federal housing subsidy programs funded in items 7004-9005, 7004-9024, 7004-9011, 7004-9013, 7004-9014, 7004-9019, 7004-9020 and 7004-9009 in this act; provided, that as a condition of eligibility or continued occupancy by an applicant or a tenant, said executive office may require disclosure of social security numbers by an applicant or tenant and members of the applicant's or tenant's household for use in verification of income eligibility. Said division is hereby further authorized to consult with the department of revenue, the department of transitional assistance, and any other state or federal agency which it deems necessary to conduct such income verification; provided, that notwithstanding the provisions of any general or special law to the contrary, said state agencies are hereby authorized and directed to consult and cooperate with said agency and said division and to furnish any and all information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid. For the purposes of conducting such income verification, the deputy director of the division of housing and community development is hereby authorized to enter into an interagency agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and members of the participants' households. Chap. 151 SECTION 582. The suggestion awards board, established pursuant to section thirty-one A of chapter seven of the General Laws, may make cash awards, pursuant to the provisions of said section thirty-one A and according to the board's published rules and regulations governing the selection process and criteria, to employees of the commonwealth who are instrumental in identifying or implementing ideas which reduce costs or increase revenues for the commonwealth. Such awards may be paid, in a manner to be approved by the secretary of administration and finance, from the operating appropriations of the agencies which realize reduced costs or, from monies allocated from the maximization fund to agencies which realize increased revenues, as a result of the employees' suggestions or efforts. The amount of any such award shall equal ten percent of the reduced costs or increased revenues generated by the employee's suggestion, up to a maximum of five thousand dollars to any one individual over the term of this section, unless a larger award is approved by the General Court, and all such awards shall be reported quarterly to the house and senate committees on ways and means detailing the recipient of such award, the recipient's department and title, the amount of the award, the reason for the award and the amount of money saved or realized by the commonwealth. No person shall be eligible to receive said award who is in a position classified as M-V or above, as provided in section forty-six C of chapter thirty of the General Laws, or is not a state employee. The provisions of this section shall remain in effect until June thirtieth, nineteen hundred and ninety-eight. SECTION 583. The department of environmental management and the metropolitan district commission are hereby authorized and directed to develop a plan to cooperate in the management of Abigail Adams state park, Webb state park, Nantasket Beach, Stodders Neck and Wompatuck state park in order to reduce maintenance and administrative costs. Said plan shall be filed with the joint committee on natural resources and agriculture and with the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-six. SECTION 584. Notwithstanding any general or special law to the contrary, there is hereby established a special commission for the purpose of studying the existing civil service systems of the commonwealth and its political subdivisions as established by chapter thirty-one of the General Laws and making recommendations for an improved, performance-based merit system. The members of the commission shall be the senate and house co-chairmen of the joint committee on public service, who shall serve as co-chairmen of the commission; the senate and house co-chairmen of the joint committee on commerce and labor; the personnel administrator or his designee; the chair of the civil service commission or his designee; the director of the office of employee relations; the president of the Massachusetts Municipal Association or his designee and three other members selected by the Massachusetts Municipal Association; five representatives of organized labor, including the president of the Professional Firefighters of Massachusetts, AFL-CIO or his designee, the president of the International Brotherhood of Police Officers, NAGE, SEIU, AFL-CIO or his designee, a representative of and selected by the Alliance, AFSCME/SEIU, AFL-CIO, the president of the Massachusetts Organization of State Engin- Chap. 151 eers & Scientists, and one other representative of organized labor selected by the Massachusetts State Labor Council, AFL-CIO. The commission shall submit a comprehensive report to the house and senate committees on ways and means on or before November fifteenth, nineteen hundred and ninety-six, setting forth recommendations for reforming and improving the current civil service system, establishing an improved performance-based merit system, and decreasing the backlog and eliminating inefficiencies in the current system for adjudicating civil service disputes. SECTION 585. A special commission is hereby established to study the provision of school nursing services in public and non-public schools of the commonwealth. Said commission shall be comprised of thirteen members, including three members of the house of representatives selected by the speaker of the house of representatives, three members of the senate selected by the president of the senate, and seven members selected by the governor, as follows: one representative from the department of public health, one representative from the department of education, two representatives from professional nursing associations, one representative from non-public schools, one representative from the Massachusetts Municipal Association, and one representative from the Coalition for a Healthy Future. Said commission shall study the provision of school nursing services in public and non-public schools and shall attempt to identify funding sources for the establishment of a school nursing services collaborative fund. Said commission shall file a report of its findings and recommendations with the joint committee on education and the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-six. SECTION 586. There is hereby established a commission consisting of fourteen members, five of whom shall be members of the senate, including one member of the minority party, all of whom are to be appointed by the senate president, and nine of whom shall be members of the house of representatives, including two members of the minority party, all of whom are to be appointed by the speaker of the house of representatives. Said commission is hereby authorized and directed to study and investigate the possible transfer of the division of law enforcement within the department of fisheries, wildlife and environmental law enforcement within the executive office of environmental affairs to either the office of the secretary of the executive office of environmental affairs or the executive office of public safety. Such study shall include a study of the potential costs savings associated with any such transfer of said division, any possible increase in the efficiency and effectiveness of environmental law enforcement in the commonwealth and the optimization of communication and coordination between the division of law enforcement and other state law enforcement agencies. Said study shall commence forthwith and the results of said study, together with recommendations for legislation to carry said recommendations into effect, shall be filed with the clerks of the house of representatives and the senate on or before December twenty-first, nineteen hundred and ninety-six. Chap. 151 SECTION 587. Notwithstanding any general or special law to the contrary, the board of education, in cooperation with the division of workforce development and the Massjobs council, is hereby authorized to establish and support a public-private partnership to link high school students with economic and learning opportunities on the job as part of the school-to-work transition program. Said program may include, subject to appropriation, the award of matching grants to regional employment boards or other local recognized public-private partnerships involving local community job commitments and work site learning opportunities for students; provided, however, that such grants shall require at least a two hundred percent match in wages for such students from private sector participants. The program shall include, but not be limited to, a provision that those business leaders who commit resources to pay salaries, provide mentoring and instruction on the job and to work closely with teachers and public funds shall assume the cost of connecting schools and businesses to work with such students to ensure that they serve productively on the job. SECTION 588. Notwithstanding the provisions of any general or special law to the contrary, the department of education shall submit a report detailing the progress of the following line items towards the goals of education reform: 7061-9300, 7061-9400, 7061-9615, 7061-9620, 7061-9621, 7061-9622, and 7061-9625. Said report shall include but not be limited to a description of the purpose of any grants that are to be used within said items, the names and the amounts of the grants, whether the grants are competitive, and whether there is any local match to said grants. Within the description of the purpose of said grants shall be included a statement which identifies the substantive contribution toward the goals of education reform achieved by said grants. Said report shall also include performance goals and a completion timeline for each project relating to said items, and shall also include a detailed spending plan for the funds appropriated within said items, including but not limited to, funds for the purpose of accounting and posting, printing, contracting and compensation, and hardware and software purchases. Said report shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than January twentieth, nineteen hundred and ninety-seven. SECTION 589. (a) Upon the request of the selectmen in a town, the city council in a plan E city or the mayor in any other city, the department of revenue may recalculate the minimum required local contributions, as defined in section two of chapter seventy of the General Laws, in the fiscal year ending on June thirtieth, nineteen hundred and ninety-seven. Based on the criteria outlined in this section, the department shall recalculate the minimum required local contributions for a municipality's local and regional schools and certify the amounts calculated to the department of education, (b) Any city or town that used qualifying revenue amounts in a fiscal year which will not be available for use in the next year, or that will be required to use revenues for extraordinary non-school related expenses for which it did not have to use revenues in the preceding fiscal year, or that has an excessive certified municipal revenue growth factor which is also greater than or equal to one and one-half times the state average municipal revenue growth factor, may appeal to the department of revenue no later than October first, nineteen hundred and ninety-six for an adjustment of its minimum required local contribution and net school spending, (c) If the claim is determined Chap. 151 to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense raised in the budget of the fiscal year ending on June thirtieth, nineteen hundred and ninety-seven, shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of free cash, overlay surplus, and other available funds, (d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, said department shall recalculate said municipal revenue growth factor and the department of education shall use this revised growth factor to calculate preliminary local contribution, minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal-revenue growth factor shall be a permanent reduction in minimum required local contribution, (e) Upon the request of the selectmen in a town, the city council in a plan E city, or the mayor in any other city, in a majority of the member municipalities, any regional school district which used qualifying revenue amounts in a fiscal year that will not be available for use in the next fiscal year shall appeal to the department of revenue not later than October first, nineteen hundred and ninety-six, for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include but not be limited to extraordinary amounts of excess and deficiency, surplus, and uncommitted reserves, (f) Any regional school district which received regional school incentive aid in fiscal year nineteen hundred and ninety-five shall, upon the request of the selectmen in a town, the city council in a plan E city, or the mayor in any other city, in a majority of the member municipalities, appeal to the department of education for an adjustment in the minimum required local contribution of its member municipalities. The department of education may reduce the increased assessment of the member municipalities as a result of the reorganization of the regional school district by using a portion of the regional incentive aid to reduce the prior year local contribution, (g) If the regional school budget has already been adopted by two-thirds of the member municipalities, then upon a majority vote of the member municipalities the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with the provisions of this section, (h) Notwithstanding the provisions of clause (14) of section three of chapter two hundred fourteen of the General Laws or any other general or special law to the contrary, the amounts so determined shall be deemed to be the minimum required local contribution described in said chapter seventy; provided, however, that the house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified by the department of revenue Chap. 151 and the department of education of the amount of any reduction in the minimum required local contribution amount, (i) In the event that a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community avails itself of any relief authorized under this section, (j) The amount of financial assistance due from the commonwealth in fiscal year nineteen hundred and ninety-seven under chapter seventy or any other provision of law shall not be changed on account of any redetermination of the required minimum local contribution under this section. The department of revenue and the department of education shall issue guidelines for their respective duties under this section, (k) Any city, town or regional school district that has long term debt due to school building construction and is in the first year of receiving School Building Assistance Bureau assistance grant money for a new project may apply for recalculation of the minimum required local contribution to exclude any such first year new grant money from the excess debt service calculation; provided, that eligibility for such recalculation shall not recur in subsequent years. SECTION 590. Notwithstanding the provisions of section thirty of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the division of energy resources is hereby authorized to procure, in accordance with all applicable procurement and solicitation laws, comprehensive motor vehicle insurance coverage for electric vehicles purchased for use in the commonwealth's electric vehicle demonstration program; provided, however, that nothing in this section shall be construed so as to require any additional state appropriated funds for the division of energy resources; and provided further, that such coverage may continue or be renewed until the conclusion of said electric vehicle demonstration program. SECTION 591. Notwithstanding the definition of "Net school spending" in section two of chapter seventy of the General Laws, for the purpose of calculating the minimum required local contribution for fiscal year nineteen hundred and ninety-six, pursuant to chapter seventy of the General Laws, the department of education shall consider health care costs for retired teachers to be part of net school spending for any town in which health care costs for retired teachers were considered to be part of net school spending in fiscal year nineteen hundred and ninety-four. The department shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year nineteen hundred and ninety-four. If there is any conflict between the provisions of this section and the distributions listed in section three, said section three shall control. SECTION 592. Notwithstanding the provisions of any general or special law to the contrary, each area director within the department of social services shall provide access to and working space within the area office for one designated representative or employee of the area board, and shall respond promptly to reasonable requests for information from such designated representative or employee. The performance evaluations of each such regional or area director shall include an assessment of the director's success in developing a working Chap. 151 relationship with the regional advisory council or area board in subject areas, including but not limited to development of the annual plans, development of the annual budget, and involvement in recruitment and hiring. The members of the regional advisory council or area board shall be provided an opportunity to submit comments to the commissioner on the director's performance in this regard. Such comments shall be considered in evaluating the director's performance and shall be included in the director's personnel file. SECTION 593. Notwithstanding the provisions of any general or special law to the contrary, on or before January fifth, nineteen hundred and ninety-seven, the commissioner of the department of social services shall promulgate regulations requiring that all foster homes be licensed by the department and establishing the procedures and requirements for such licensure. The commissioner shall develop such regulations for public notice and comment after consultation with and advice from the secretary of the executive office of health and human services, the state advisory council, the regional directors and regional advisory councils, the area directors and the area boards. The regulations shall have an effective date of no later than the fifteenth day of February, nineteen hundred and ninety-seven, provided, however, that the regulations may provide for "grandfathering", so-called, of existing foster homes for a period not to exceed one year. The licensure requirements shall include, but shall not be limited to minimum standards for qualification as a foster home; provision for development of family profiles and individual assessments of all members of each foster household, including, but not limited to strict compliance with the requirements of section ten A of chapter twenty-eight A of the General Laws and individualized determinations of the maximum number of foster children which can simultaneously be placed in each home; provided, however, that such number may vary depending on the ages, special needs or specialized care needed by the children to be placed in the home; and provided further, that such number shall not exceed the maximum allowed pursuant to section nine of said chapter twenty-eight A. SECTION 594. The commissioner of the department of social services, in consultation with the statewide advisory council, the regional directors and regional advisory councils, the area director and area boards, and the collective bargaining representatives of the employees of the department, shall study and submit a report to the senate and house committees on ways and means and the joint committee on human services no later than April first, nineteen hundred and ninety-seven, regarding the extent to which graduates of the schools of social work in the commonwealth are or are not prepared to perform the duties of social workers required by the department of social services and the agencies with which the department contracts for services; the areas in which the curricula in such schools are succeeding or failing to prepare graduates for immediate service as social workers in the department of social services and the agencies with which the department contracts for services; and recommendations as to how the schools of social work could better prepare their graduates to fulfill the needs of the department of social services and the agencies with which the department contracts to provide services. Chap. 151 SECTION 595. Notwithstanding the provisions of section nine of chapter twenty-eight A of the General Laws, effective June thirtieth, nineteen hundred and ninety-seven, or at such time as the department of social services certifies to the secretary of human and community services that implementation will not adversely affect the quality and availability of foster care in the commonwealth, whichever occurs first, family foster care shall be defined as a private residence in which no more than a total of six children are living, including four children under eighteen years of age receiving substitute parental care on a regular, twenty-four-hour-a-day, residential basis by anyone other than a relative by blood or marriage; provided, however, that such care may be provided for more than four foster children, and more than a total of six children may live in such residence, where the department determines, on a case-by-case basis, with the approval of the secretary, that such an arrangement is necessary in order to place siblings in the same residence, is necessary in order to provide family foster care for children with special medical, psychological or social needs, or, with respect to foster homes in which more than four foster children and more than a total of six children were living as of the effective date of this section, is necessary in order to preserve continuity and stability of care. SECTION 596. Notwithstanding the provisions of any general or special law to the contrary, including, but not limited to chapter one hundred and eighteen G of the General Laws, in hospital fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight, a public payor-dependent non-acute hospital shall be eligible for rates promulgated by the division of health care finance and policy including any administratively necessary day rates and terms of payment from the division of medical assistance that shall, at a minimum, be no less than the rate and terms of payment promulgated for each such hospital based on the system of reimbursement in effect immediately prior to the effective date of this act; provided, however, that said system shall account for (1) the rate of inflation in the economy generally, as measured by a composite price index to be specified in regulations promulgated by the division of health care finance and policy; (2) any increase beyond that allowed by virtue of application of such index resulting from increases in volume not otherwise off-set by decreases in volume, such volume increases or decreases to be measured in a manner specified in said regulations; (3) changes in service intensity; and (4) such increases, not otherwise justified by clauses (1), (2) and (3), which result from cost increases beyond the reasonable control of the individual hospital; provided, that cost increases resulting from expenditures not considered to be a substantial capital expenditure as defined in section twenty-five B of chapter one hundred and eleven of the General Laws shall not be deemed costs beyond the reasonable control of the individual hospital. Such rates of payment so established shall meet all statutory and regulatory provisions of Title XIX of the Social Security Act, as such act existed on September first, nineteen hundred and ninety-five. Said division of health care finance and policy shall, for the hospital fiscal years during which this section is effective, establish the rates required by this section prior to the commencement of the fiscal year for each such public payor-dependent non-acute hospital. Any public payor-dependent non-acute hospital aggrieved by any action or failure to act by Chap. 151 the division of health care finance and policy pursuant to this section may, unless another appeal is provided for by law, file an appeal with the division of administrative law appeals established pursuant to section four H of chapter seven of the General Laws. Said appeal shall be filed within thirty days of a hospital's receipt of notice of any action by the division or at any time in the event of inaction by the division. On any such appeal the division of administrative law appeals shall conduct an adjudicatory proceeding which shall be governed by the provisions of chapter thirty A of the General Laws. The division of administrative appeals shall determine whether the division's application of its regulations to an individual hospital or any other action or failure to act by the division is in conformity with law and, notwithstanding that said regulations may have been correctly applied, that all charges, allowed costs, reasonable financial requirements, rates, and prices meet the provision of this section, are fair, reasonable and adequate, and are otherwise in accordance with law. Judicial review of the division's decision and order shall be governed by section fourteen of chapter thirty A of the General Laws. Any hospital may seek interim relief from the superior court while any such appeal is pending. Any petitions, lawsuits, appeals, and other proceedings filed prior to the effective date of this section by a non-acute hospital, including but not limited to, those filed under former section thirty-two of chapter six A of the General Laws shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be adjudicated or adjudged under the provisions of said laws. For the purposes of this section, a "public payor-dependent non-acute hospital" is any non-acute hospital that (1) was certified by the secretary of the United States department of health and human services as participating in the federal medicare program pursuant to clause (iv) of 42 U.S.C. section 1395ww (d)(1)(B) on January first, nineteen hundred and ninety-six (2) is not owned by the commonwealth; and (3) exhibits a payor mix whereby a minimum of fifteen percent of said hospital's gross patient service revenue, as reported on the RSC-403 for hospital fiscal year nineteen hundred and ninety-four, was attributable to Title XIX of the federal Social Security Act; provided, that such term does not include a hospital that was reimbursed for services provided to individuals entitled to medical assistance under chapter one hundred and eighteen E for fiscal year nineteen hundred and ninety-six pursuant to a contract between the hospital and the division of medical assistance. SECTION 597. Any reference in a general or special law, rule, or regulation to the department of medical security or to the rate setting commission as constituted prior to the effective date of this act which refers to the duties, functions or activities of the department of medical security or to the rate setting commission shall be deemed to signify the division of health care finance and policy, the department of public health, or the division of employment and training, as applicable, pursuant to the provisions of this act; and any reference in general or special law, rule or regulation to the commissioner of medical security or to the commissioner of rate setting as constituted prior to the effective date of this act which refers to the duties, functions or activities of the head of the department of medical security or to the head of the rate setting commissioner shall be deemed to signify the commissioner of the division of health care finance and policy, department of public health Chap. 151 or the division of employment and training, as applicable, pursuant to the provisions of this act. SECTION 598. On the effective date of this act, ownership, possession and control of all equipment, papers, plans, books, records and documents which are in the possession of the department of medical security and the rate setting commission or any employee thereof transferred in accordance with the provisions of this act shall pass to and be vested in the division of health care finance and policy without consideration or further evidence of transfer and shall thereafter be in the ownership, possession and control of the division, provided, that the division may designate other agencies to which equipment, papers, plans, books, records and documents may be transferred. SECTION 599. All petitions, hearings, appeals and other proceedings duly brought before, and all legal and other proceedings duly begun by the department of medical security or the rate setting commission or employee thereof transferred pursuant to the provisions of this act shall continue unabated and remain in force notwithstanding the passage of this act, and shall thereafter be completed by such department, commission or employee. SECTION 600. Whenever the name of the department of medical security or the rate setting commission or employee thereof which shall be transferred pursuant to the provisions of this act appears in any general or special law, rule, or regulation, such name shall be deemed to mean and be construed as referring to the division of health care finance and policy, the department of public health, or the division of employment and training, as applicable, pursuant to the provisions of this act. SECTION 601. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs, including administrative costs, incurred on behalf of the employees of said agencies. The commissioner of the division of public employee retirement administration shall notify agencies within ten days of the effective date of this section as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-six. The commissioner of the division of public employee retirement administration shall notify agencies not later than fourteen days after the effective date of this section as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-six, and shall require all agencies to encumber funds that are sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-six and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said commissioner shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-six. Within thirty days after the effective date of this section, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber Chap. 151 funds that are sufficient to meet the annual charges on behalf of such agency. Costs to agencies for benefits paid on behalf of their employees shall be allocated as actual expenditures are made. Administrative expenses shall be allocated to agencies based on each agency's percent of total benefits paid in the prior fiscal year. The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer said amount to item 1108-6201 of section two B for the purposes of workers' compensation paid with respect to public employees for any costs, including administrative costs, incurred during the fiscal year. The division of public employee retirement administration may expend an amount so collected for all agencies under this section not to exceed forty-five million dollars for hospital, physician, benefits, and other costs, including administrative costs, without further appropriation. Not later than fourteen days after the effective date of this section, and on the first day of each succeeding quarter during the fiscal year, the division of public employee retirement administration shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency. The commissioner of the division of public employee retirement administration is authorized to establish regulations and procedures to implement this section. SECTION 602. Notwithstanding the provisions of any general or special law to the contrary, no city, town or regional school district shall receive less than seventy-five dollars per student under the provisions of chapter seventy of the General Laws for fiscal year nineteen hundred and ninety-seven. SECTION 603. Notwithstanding the provisions of any general or special law to the contrary, in order to meet the estimated costs of employee fringe benefits provided by the commonwealth on account of employees of the Massachusetts State College Building Authority, the University of Lowell Building Authority, the University of Massachusetts Building Authority and the Southeastern Massachusetts University Building Authority, and in order to meet the estimated cost of heat, light, power and other services, if any, to be furnished by the commonwealth to projects of the Massachusetts State College Building Authority and the University of Lowell Building Authority, the boards of trustees of the state colleges and the University of Massachusetts shall transfer to the general fund from the funds received from the operation of said projects such costs, if any, as shall be incurred by the commonwealth for the aforesaid purposes in the current fiscal year, as determined by the appropriate building authority, verified by the chancellor of higher education, and approved by the secretary of education and the secretary for administration and finance. SECTION 604. Notwithstanding the provisions of section two hundred fifty-nine of chapter thirty-eight of the acts of nineteen hundred ninety-five, the revenue maximization pilot project authorized by said section is hereby continued for the fiscal year nineteen hundred and ninety-seven. On or before March first, nineteen hundred ninety-seven, the comptroller shall submit a report evaluating and detailing the operations and revenue collections of the project and making recommendations relative to statewide expansion of the project. Chap. 151 SECTION 605. Notwithstanding the provisions of sections thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining, and policing city or town streets or roads, as appropriated in item 6005-0017 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-seven proportional to the fiscal year nineteen hundred and ninety-six distribution of said Highway Fund reimbursements. SECTION 606. Notwithstanding the provisions of any general or special law to the contrary, any amounts, including principal, interest and penalties due to the medical security trust fund, established in section twenty of chapter one hundred and eighteen G of the General Laws, and owing as of the effective date of this act from any regional school district or educational collaborative pursuant to section fourteen G of chapter one hundred and fifty-one A of the General Laws, are hereby extinguished and the payment thereof excused. Nothing in this section shall be construed to provide the basis for the refund of payments made by any regional school district or educational collaborative to said fund prior to the effective date of this section. SECTION 607. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Economic Development Fund. Monies from said fund shall be expended, subject to appropriation, to promote employee and worker training, education and the general economic development of the commonwealth. SECTION 608. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized to enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for said purpose; provided, however, that payments to private vendors on account of said projects shall be made from actual cost savings as certified in writing to the house and senate committees on ways and means by the comptroller and the state budget director that are attributable to such cost avoidance projects; provided, further, that the comptroller may establish procedures in consultation with the state budget director and the affected departments as he deems appropriate and necessary to accomplish the purposes of this section; and, provided further, that nothing herein shall be construed so as to allow the comptroller or the state budget director to establish any accounts without prior statutory approval. The state budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance opportunities which are undertaken pursuant to the provisions of this section. The comptroller shall report on said projects as a part of his annual report under section twelve of chapter seven A of the General Laws. SECTION 609. Notwithstanding the provisions of any general or special law to the contrary, the state college building authority is hereby directed to implement competitive bidding policies and procedures prior to awarding contracts for any legal and professional services in order to ensure that all such contracts are awarded to the highest qualified Chap. 151 professional at the lowest possible price. SECTION 610. Notwithstanding the provisions of any general or special law to the contrary, funds in the Commonwealth Sewer Rate Relief Fund, established by section two Z of chapter twenty-nine of the General Laws, shall be available to mitigate sewer rate increases due to debt service obligations created by issuing eligible indebtedness. For the purposes of this section, eligible indebtedness shall be defined as debt issued on or after January first, nineteen hundred and ninety, which has a final date of maturity greater than five years after the date of issuance and which is incurred, wholly or in substantial part, to finance or refinance the costs of planning, design, or construction of any water pollution abatement project, or part thereof, required to be constructed to meet the provisions of the Federal Water Pollution Control Act, 33 USC Sec. 1251 et seq., and sections twenty-six to fifty-three, inclusive, of chapter twenty-one of the General Laws, or any wastewater collection or transportation project related thereto; provided, however, that eligible indebtedness shall not include any indebtedness for which the issuer has received assistance provided from state grants; provided further, that notwithstanding any provisions of this section to the contrary, eligible indebtedness shall include indebtedness incurred to finance the metrowest water supply tunnel, so called: provided, further, that eligible indebtedness shall include indebtedness incurred pursuant to loan agreements under the provisions of chapter two hundred seventy-five of the acts of nineteen hundred and eighty-nine, as most recently amended by chapter two hundred three of the acts of nineteen hundred and ninety-two, which exceeded fifty million dollars by June thirtieth, nineteen hundred and ninety-five, and the debt service attributable thereto for any year for purposes of this section shall be the net obligation borne by the issuer after application of any credits, subsidies, or assistance, however characterized, provided under the provisions of the aforementioned statutes; provided, further, that no issuer, which shall be defined as any city, town, district, commission, agency, authority, board, or other instrumentality of the commonwealth or any of its political subdivisions, which is responsible for the ownership or operation of wastewater treatment projects, and is authorized to finance all or any part of the cost thereof through the issuance of eligible indebtedness, shall receive relief authorized herein in excess of twenty percent of its annual debt service obligations due to eligible indebtedness. The division of local services of the department of revenue, in consultation with the department of environmental protection, shall develop guidelines to certify an issuer's eligible indebtedness and shall create a process to equitably distribute funds to eligible issuers, in order to mitigate extraordinary increases in sewer costs; and provided further, that funds disbursed in fiscal year nineteen hundred and ninety-seven shall be disbursed on or before March thirty-first, nineteen hundred and ninety-seven. The board, office or commission responsible for setting sewer charges in every city, town, district, or commission that either receives aid itself or is a member of a regional entity that receives aid pursuant to the provisions of this section shall certify to said division of local services that is has reduced sewer charges to reflect its share of any such aid. Chap. 151 SECTION 611. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of the department of mental health is hereby authorized to charge the tenants of the Haskell Building, so-called, on the campus of the former Northampton state hospital rental fees for occupancy in said building. Said commissioner may retain and is hereby authorized to expend an amount not to exceed one hundred thousand dollars from the revenues collected for said rental fees for repairs, improvements, maintenance and operation of said Haskell building, including the costs of personnel. SECTION 612. The division of health care finance and policy established pursuant to chapter one hundred and eighteen G of the General Laws is hereby authorized and directed to establish a schedule of fees and charges that shall, by fiscal year nineteen hundred and ninety-nine, generate revenues in an amount sufficient to meet twenty-five percent of the projected costs of the division in any fiscal year. Prior to said date, said fees and charges shall be phased in. Said schedule of fees and charges shall be subject to review for reasonableness by the executive office of administration and finance but shall not be subject to the provisions of section three B of chapter seven of the General Laws. Said fees and charges shall be filed upon the filing of rate information and other information required by the division by providers of general health supplies, care of rehabilitative services and accommodations as defined by said chapter one hundred and eighteen G who are licensed by the department of public health or the department of mental health but shall not apply to individual practitioners and clinicians licensed by said departments. Fees shall be established for parties that use information collected, generated, analyzed or otherwise in the possession of the division. Said fees and charges shall not be applied to or collected from any state or municipal agency making such filings or using such information in the course of its official business. Said fees and charges shall be reasonable and equitable, may vary according to the volume of business any such provider or party conducts with the division and shall be submitted to the house and senate committees on ways and means no later than April fifteenth, nineteen hundred and ninety-seven. SECTION 613. Subject to the provisions of section seventy-one of chapter seventy-one of the General Laws but notwithstanding the provisions of any other general or special law to the contrary, the department of education is hereby authorized and directed to promulgate regulations which control the utilization of school buildings for multiple purposes. Said regulations shall advocate and encourage the utilization of said school buildings for uses including but not limited to after school programs, day care centers, recreation centers, senior centers and night school programs. SECTION 614. Notwithstanding the provisions of section six of chapter two hundred and eleven D of the General Laws, the committee for public counsel services is hereby authorized and directed to establish a pilot program serving Essex and Hampden counties utilizing attorneys of its public counsel division to represent indigent persons entitled to be represented in children-family law cases, so called, including but not limited to, care and protection cases pursuant to chapter one hundred and nineteen of the General Chap. 151 Laws, child in need of services cases pursuant to section thirty-nine E of chapter one hundred and nineteen of the General Laws, actions to dispense with parental consent for adoption pursuant to chapter two hundred and ten of the General Laws, and guardianship of minor petitions pursuant to chapter two hundred and one of the General Laws. Said committee for public counsel services shall file with the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-seven, a report detailing the results of said pilot program including cost, quality, and accountability of the provision of counsel through such above authorized pilot program, as compared to contracting out such cases to private counsel through request for proposal procedures and as compared to individual assignments of such cases to certified private counsel of the private counsel division of the committee for public counsel services; provided, that said pilot program shall be limited to the period of July first, nineteen hundred and ninety-six to June thirtieth, nineteen hundred and ninety-seven. SECTION 615. Notwithstanding any general or special law to the contrary, the secretary of the executive office of administration and finance is hereby authorized and directed to prepare a detailed implementation plan for necessary improvements to the uncompensated care pool administered by the division of health care finance and policy. Said plan shall include, but not be limited to, alternative sources of funding which may include an assessment of insurers. Said plan shall achieve solvency of the uncompensated care pool and shall endeavor, to the maximum extent possible, to alleviate the present financial burden on hospitals. Said implementation plan shall provide for an effective date of no later than February twenty-eighth, nineteen hundred and ninety-seven, and shall be filed with the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and ninety-six. Said plan shall include drafts of all legislation, revised regulations and administrative changes that would need to be enacted, promulgated or adopted in order for the plan to be successfully implemented on or before February twenty-ninth, nineteen hundred and ninety-seven, and a report describing the recommendations encompassed by said plan, and the alternatives that were considered but rejected in developing said plan, and the arguments for said plan as recommended. In developing the plan, the secretary shall establish and consult with a commission to be comprised of representatives of all affected parties, including but not limited to representatives of private and public hospitals, health maintenance organizations, insurers, physicians, medical service corporations and managed care professionals. Said commission shall also include the commissioners of the division of health care finance and policy and the department public health and the chairs of the joint committees on health care, insurance and human services and elderly affairs. The secretary shall meet with the commission on a regular basis to develop said plan and may create working groups from among the members of the commission to facilitate development of the implementation plan. SECTION 616. Notwithstanding the provisions of subsection (7) of section forty-six C of chapter thirty of the General Laws, the personnel administrator may determine Chap. 151 rules for the calculation of salary increases for individuals who are initially appointed to management positions classified in accordance with section forty-five of said chapter thirty and who are promoted to other positions in the management salary schedule. SECTION 617. Notwithstanding the provisions of section fifteen B of chapter two hundred and seventy-five of the acts of nineteen hundred and eighty-nine, the city of North Adams shall be eligible to receive a so-called state revolving loan fund in accordance with the provisions of chapter twenty-nine C of the General Laws. SECTION 618. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the joint legislative committee on insurance is hereby authorized and directed to make an investigation and study of the Commonwealth Automobile Reinsurers policies relative to the disbursement and allocation of termination monies, so-called, paid by insurance carriers who sever all or a portion of their coverage of the Massachusetts automobile insurance marketplace. Said investigation and study shall examine the linkage of disbursement allocation with the assumption of a carrier which absorbs the policies of a carrier which withdraws from the Massachusetts automobile insurance market. Said investigation and study shall include an examination of the involvement of the division of insurance relative to the promulgation of rules and regulations relative to such disbursement policies. Said investigation and study shall focus exclusively on prospective disbursement and allocation issues only affecting future termination monies not already allocated. Said committee shall file its final report, including proposed legislation, with the clerks of the senate and the house of representatives and with the governor on or before the first Monday of December, nineteen hundred and ninety-six. SECTION 619. Notwithstanding any general or special law to the contrary, the Massachusetts Water Resources Authority is authorized to enter into a contract with Regis College of Weston, a Massachusetts corporation, to provide sewer services to said college, and any political subdivision listed in section eight (c) of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four is authorized, as a party to such contract or by separate contract, to provide the conveyance of sewage from the college to the sewer system of the Authority if service to the college is not provided by a direct connection to the Authority's sewer system. The connection authorized hereunder shall be sized for and limited to use by Regis College. Said connection and any discharges into said connection shall be subject to the direction, control and regulation of the Authority pursuant to the provisions of said chapter three hundred and seventy-two. Said contract may permit the Authority to charge the college for all expenses and costs of connection and for sewer services it provides to the college and shall contain other terms and conditions applicable to such connection and the provision of sewer services as determined by the Authority. The political subdivision, if any, may charge the college for the use of its sewer system to convey sewage to the Authority's sewer system. Nothing in this act shall grant the town of Weston any right to receive sewer services from the Authority or otherwise cause said town to have any of the rights or obligations of the political subdivision listed in said section eight (c) of said chapter three hundred and seventy-two. Chap. 151 SECTION 620. Notwithstanding any general or special law to the contrary, a city or town, by its mayor, if a city, or board of selectmen, if a town, may on behalf of the inhabitants of said city or town grant an easement to a private institution of higher learning certified as such by the higher education coordinating council, to construct a sewer pipe or pipes in a public way located in said city or town for the sole use of said institution, provided that the purpose of said construction is to provide a connection for said institution to the sewer system of the Massachusetts Water Resources Authority pursuant to an agreement with said Authority. Said city or town may require as a condition of said easement such maintenance, indemnification and other conditions as may be reasonably appropriate. No other user may be connected to such pipe or pipes except as authorized pursuant to applicable law and regulation and with the agreement of the Authority and of any city or town in which such pipe or pipes are situated. SECTION 621. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental protection is hereby authorized to maintain its existing use of item 2200-6001, the "Federal Receipt Account" so-called, for the purposes of expending funds received as part of its ongoing federal grant programs. SECTION 622. Notwithstanding the provisions of this section or any general or special law, rule or regulation to the contrary, for nursing homes that have over seventy-five percent of their residents having a primary diagnosis of multiple sclerosis, the division of health care finance and policy shall implement regulations that recognize as an allowable cost all of the nursing costs of such nursing homes. The division of medical assistance shall approve such regulations. The department of public health shall certify to the division those nursing homes that have over seventy-five percent of their residents having a primary diagnosis of multiple sclerosis. SECTION 623. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, the department of public health, the division of medical assistance, hereinafter referred to as the division, and the division of health care finance and policy are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with requirements of Title XIX of the Social Security Act. Said appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund, established by section eighteen of chapter one hundred eighteen G of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health and public health facilities pursuant to relevant division of health care finance and policy regulations and the related Title XIX state plan amendment submitted by the division to the health care financing administration. The division of medical assistance, the department of public health, or the department of mental health may expend amounts transferred to it from said separate account within the Uncompensated Care Trust Fund without further appro- Chap. 151 priation. Any federal funds obtained as a result of actions taken pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper accounting and expenditure of funds pursuant to this section. SECTION 624. For hospital fiscal year nineteen hundred and ninety-seven, the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund, established pursuant to section eighteen of chapter one hundred eighteen G of the General Laws shall be the lesser of the sum of all the products of each hospital's allowable free care charges and such hospital's cost to charge ratio, calculated by division of health care finance and policy pursuant to section eighteen of chapter one hundred eighteen G of the General Laws, or three hundred arid fifteen million dollars. For the state fiscal year nineteen hundred and ninety-seven, notwithstanding any general or special law to the contrary, fifteen million dollars generated by federal financial participation made available under Title XIX of the Social Security Act to reimburse the costs of said trust fund for disproportionate share hospitals shall be deposited into said trust fund. SECTION 625. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance, hereinafter referred to as the division, and the division of health care finance and policy are authorized and directed to take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. Said appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter one hundred and eighteen G of the General Laws. Said appropriate action shall include the establishment or renewal of an interagency agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section eighteen of said chapter one hundred and eighteen G or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter one hundred eighteen G or funds otherwise made available to said trust fund by the general court, to the division for purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the federal Social Security Act. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under said interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care pool as determined by the division of health care finance and policy pursuant to section eighteen of said chapter one hundred and eighteen G of the General Laws. Any federal funds obtained as a result of actions pursuant to this section shall Chap. 151 be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection and expenditure of funds pursuant to this section. SECTION 626. The division of medical assistance and the department of public health shall seek federal reimbursement for the payments made by the department of public health for children's medical security plan recipients who were also enrolled in the medicaid program during fiscal year nineteen hundred and ninety-five or fiscal year nineteen hundred and ninety-six. Said revenue shall be deposited in the general fund by the division of medical assistance not later than March first, nineteen hundred and ninety-seven. SECTION 627. The division of medical assistance is hereby directed to prepare an analysis of the additional costs to the medicaid program, if any, resulting from a proposal to change to June thirtieth, nineteen hundred and ninety-six the date after which the capital allowance methodology for new, replacement and substantial renovations of nursing facilities is reduced from an historic cost basis to a flat per diem rate of five dollars and sixty-one cents pursuant to 114 CMR 5.21. Said estimated cost shall include both the average gross per diem nursing home costs to the medicaid program and the net cost to the commonwealth after accounting for patient paid amounts and federal reimbursements. Said analysis shall consider the impact of said capital allowance reduction on nursing facility owners and developers who receive certificates of need pursuant to section twenty-five of chapter one hundred and eleven between January first, nineteen hundred and ninety-six and said June thirtieth. Said analysis shall identify the facilities to which said change in methodology applies, the maximum capital expenditure for each facility and the difference in capital allowance rates under the flat per diem rate and pursuant to the methodology in effect prior to said change. Said analysis shall include the results of a survey of such owners and developers detailing the likelihood that said rates would enable them to receive financing and complete construction, including the effects of nursing facility availability in urban areas. Said analysis shall identify the effects on regional and localized bed supplies resulting from said changes in capital allowance methodology, including but not limited the effects on urban areas and underbedded areas. Said analysis shall model an underbedded area using a twenty-five mile radius and a fifteen mile radius. Any and all assumptions used by the division for the purpose of said analysis shall be explicitly outlined, including, but not limited to, the projected financing costs of each such facility and projected medicaid utilization rates at each such facility. For the purpose of providing advance notice to other facility owners and developers anticipating the renovation or replacement of aging nursing facilities, the division of medical assistance shall include in said analysis a description of all proposals under consideration by the division to further revise the medicaid capital allowance methodology, the estimated fiscal effects of such changes on the medicaid program and prospective owners and developers and a probable timetable for promulgating such revisions. The division of health care finance and policy and the department of public Chap. 151 health are hereby authorized and directed to assist with said analysis. The division of medical assistance shall file said analysis with the house and senate committees on ways and means and the joint committee on health care not later than September twentieth, nineteen hundred and ninety-six. SECTION 628. For the duration of a demonstration program conducted by Hebrew Rehabilitation Center for the Aged, located in Roslindale, pursuant to a waiver granted by the federal Health Care Financing Administration, intended to provide a comprehensive integrated system of health care on a capitated basis both to frail elders who are inpatients of the Center and to frail elders whose principal residences are elderly housing or assisted living residences, as defined in section 1 of chapter 19D of the General Laws, the following shall apply: (i) the provisions of chapters 175, 176E through 176G, inclusive, and 1761 through 176L, inclusive, of the General Laws shall not apply to the activities of the Center in conducting such program; (ii) the division of medical assistance is aumorized to enter into such arrangements as it and the Center deem appropriate and consistent with applicable federal law by which the division may make supplemental payments for participants in the program who are dually eligible for benefits under the federal Medicare program and under the program of medical assistance administered by the division pursuant to chapter 118E of the General Laws; (iii) the executive office of elder affairs or its successor is authorized to enter into arrangements with the Center as it and the Center deem appropriate and consistent with applicable federal law by which the executive office may make payments directly to die Center for home care and other services provided under the program to persons enrolled in the program; (iv) the Center shall submit to the executive office of elder affairs or its successor copies of all reports submitted to the Health Care Financing Administration regarding the implementation and evaluation of the program; (v) provisions of hospital licensure statutes and regulations relating to the limitations on the recipients of drugs dispensed by a hospital pharmacy shall not apply to the Center to the extent its pharmacy supplies prescription drugs to persons enrolled in the program who may not be inpatients or outpatients of the Center; and (vi) the commissioner of public health is authorized to waive such provisions of licensure statutes and regulations as apply to the provision of services within the program as he, in his discretion, deems appropriate in order to effectuate the purposes of the program. Notwithstanding any provision of special or general law to the contrary, the provisions of sections 37 through 44, inclusive, of chapter 6A of the General Laws, relating to budget submissions and the approval by the rate setting commission of charges, new charges and modifications in charges, shall not apply to said Hebrew Rehabilitation Center. The provisions of this section shall also apply to the Whittier Hospital. SECTION 629. Notwithstanding any general or special law, rule or regulation to the contrary, the department of education shall include the total of both Aid For Dependent Children recipients and foster children placed by the department of social services in their definition of low income students for purposes of calculating eligibility for Title I funds. Chap. 151 SECTION 630. The division of employment and training and the department of revenue shall enter into an interagency agreement providing mutual access to their computer networks, in order to facilitate the business of both agencies. SECTION 631. The Massachusetts office of business development and the division of housing and community development shall enter into an interagency agreement, in order to coordinate their respective economic development activities. The division of housing and community development shall also enter into an interagency service agreement with the executive office of health and human services, in order to coordinate the services provided to their common clients. SECTION 632. The department of consumer affairs and business regulation, in consultation with the department of environmental protection, the executive office of public safety, the division of insurance and the division of standards, shall study the advisability of transferring to the division of registration other state agencies with similar registration and licensing functions, including but not limited to the board of licensed site professionals, the board of motor vehicle damage appraisers, the board of waste water operators, and the examiners of oil burner technicians. The office shall file a report of its recommendations with the governor and the house and senate committees on ways and means not later than March first, nineteen hundred and ninety-seven. SECTION 633. (a) The secretary of health and human services may organize the executive office into separate units to encourage programmatic cooperation and coordination and to provide a structure for reduction of duplication of administrative and budgetary functions among the constituent agencies in each such unit. Such units, if any, shall include (1) a unit of family services, which shall include the department of social services, including the area advisory boards, the regional advisory councils, and the statewide advisory council established by chapter eighteen B of the General Laws; the office for children, including the councils for children and the statewide advisory council established by sections seven and eight of chapter twenty-eight A of the General Laws; the department of transitional assistance and all other state agencies within said department; the department of youth services, including the several institutions within said department; the nutrition board; and the office for refugees and immigrants and governor's advisory council for refugees and immigrants established in section two hundred five and section two hundred eight of chapter six of the General Laws, (2) a unit of health and disability services, which shall include the department of public health and all other agencies within said department and within the executive office of health and human services; the department of mental health, including the advisory council established by chapter nineteen of the General Laws, the several institutions within said department and their advisory boards, and all other state agencies within said department; the department of mental retardation, including the advisory council established by chapter nineteen B of the General Laws, the several institutions within said department and their advisory boards, and all other state agencies within said department; the Soldiers' Home in Holyoke and the Soldiers' Home in Chelsea and the boards of trustees thereof; the Massachusetts commission for the blind and its advisory board and all other state Chap. 151 agencies within said commission; the Massachusetts commission for the deaf and hard of hearing and its advisory board; the Massachusetts rehabilitation commission and its advisory council; and the health and welfare commission, and (3) a unit of health care financing, which shall include the division of health care finance and policy, the.division of medical assistance, the acute hospital conversion board, the commission on supplemental security income, if any, and the health facilities appeals board, (b) The secretary may require the commissioners and directors of the departments and agencies within each such unit to periodically meet or consult with the secretary and one another in order to encourage cooperation and communication among the departments and other agencies within each such unit. The secretary may designate existing employees of said executive office to coordinate such activities within such unit. (c) The secretary, in consultation with the commissioners or directors of the departments and agencies within the units of family services, health and disability services and health care financing, shall determine whether and to what extent improvements in the delivery of services, administrative efficiencies, or cost savings could be achieved by greater cooperation among or consolidation of the departments or agencies within each such unit or within other units or executive offices, and shall, on or before the fifteenth day of September, nineteen hundred and ninety-six, submit to the senate and house committees on ways and means, the joint committees on health care, human services and elderly affairs, a report of the secretary's determinations and recommendations with respect to such potential improvements, efficiencies or savings. (d) Notwithstanding any general or special law to the contrary, the secretary is hereby authorized to create congruent regional boundaries for some or all of the departments and agencies within the executive office to become effective on or before January first, nineteen hundred and ninety-seven, to create congruent area boundaries for some or all of the departments and agencies within the executive office to become effective on or before July first, nineteen hundred and ninety-seven, and to create one-stop service centers, to become effective on or before January first, nineteen hundred and ninety-eight in convenient locations throughout the commonwealth from which coordinated in-take, referral and other services from more than one department or agency within the executive office can be provided for the convenience of the agencies' mutual consumers and as a way of reducing bureaucratic duplication and inefficiencies. Thirty days prior to implementing changes in regional or area boundaries or the one-stop service centers referenced in this section, the secretary shall submit a report to the house and senate committees on ways and means describing, in detail, the new systems, the changes from the pre-existing systems that are represented thereby, any cost or efficiency implications of the changes and any conforming changes in general or special laws that may be warranted as a result of the secretary's changes in existing boundaries or service delivery systems. SECTION 634. (a) Notwithstanding the provisions of any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following functions of state government from the transferor agency to the transferee agency, as hereby defined: Chap. 151 (1) The functions of the department of personnel administration, as the transferor agency, to the human resources division, as the transferee agency. (2) The functions of the department of procurement and general services, as the transferor agency, to the operational services division, as the transferee agency. (3) The functions of the budget bureau, as the transferor agency, to the fiscal affairs division, as the transferee agency. (4) The functions of the office of management information systems, as the transferor agency, to the information technology division, as the transferee agency. (5) The functions of the executive office of consumer affairs and business regulation, as the transferor agency, to the office of consumer affairs and business regulation, as the transferee agency. (6) The functions of the executive office of communities and development and the department of community affairs, as the transferor agencies, to the division of housing and community development, as the transferee agency. (7) The functions of the executive office of economic affairs, as the transferor agency, except those functions referenced in clause (12), to the department of economic development, as the transferee agency. (8) The functions of the executive office of human services, as the transferor agency, to the executive office of health and human, as the transferee agency. (9) The functions of the secretary of education, as the transferor agency, to the board of education, as the transferee agency. (10) The functions of the higher education coordinating council, as the transferor agency, to the board of higher education, as the transferee agency. (11) The functions of the MASSJOBS council, established by section seventy-four of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, as amended, as the transferor agency, to the Massjobs council established by section four of chapter twenty-three of the General Laws as the transferee agency. (12) The functions of the executive office of labor, the executive office of economic affairs, the department of labor and industries and the department of employment and training as the transferor agencies, to the department of labor and workforce development, as the transferee agency, to the extent set forth in subsection (b) of section one, section three and section five of chapter twenty-three of the General Laws. (13) The functions of the Bay State Skills Corporation, as the tranferor agency, to the industrial services program, as the transferee agency. (b) Subject to appropriation, the employees of each transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter thirty-one of the General Laws or have tenure in their positions as provided by section nine A of chapter thirty of the General Laws or do not hold such tenure, except the executive director of the MASSJOBS council, are hereby transferred to the respective transferee agency, without interruption of service within the meaning of said section nine A of said chapter thirty-one, and without reduction in compensation or salary grade. Notwithstanding the provisions of any general or special law to the contrary, Chap. 151 all such employees shall continue to retain their right to collectively bargain pursuant to chapter one hundred and fifty E of the General Laws and shall be considered employees for the purposes of said chapter one hundred and fifty E. (c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the respective transferee agency. (d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency, which are in force immediately before the effective date of this act, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the respective transferee agency. (e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the respective transferee agency. (f) All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act. (g) All references in any general or special law to each transferor agency or the principal officer thereof shall be deemed to refer to the respective transferee agency or the principal officer thereof. SECTION 635. Notwithstanding the provisions of any general or special law to the contrary, on or before January fifth, nineteen hundred and ninety-seven, the commissioner of the department of social services shall promulgate regulations requiring that all persons employed by the department as social workers have obtained the license referenced in the fourth paragraph of section one hundred and thirty-one of chapter one hundred and twelve of the General Laws, as appearing in the 1994 Official Edition, and shall attend in-service training programs offered by the department at least two times per year. The commissioner shall develop such regulations for public notice and comment after consultation with and advice from the secretary of the executive office of health and human services, the state advisory council, the regional directors and regional advisory councils, the area directors and area boards, and the social workers employed by the department or their collective bargaining representatives. The regulations shall have an effective date of April first, nineteen hundred and ninety-seven, or such time as the collective bargaining representatives of the commonwealth and of the social workers employed by the department have bargained to impasse or agreement over the impact of such regulations, whichever is earlier; provided, however, that the department shall pay the fee required by the board of registration of social workers for such licensure for each social worker presently employed Chap. 151 by the department on a one-time-only basis, and provided, further, that the regulations shall provide for the "grandfathering", so-called, of social workers employed by the department as of the effective date of the regulations for a period of not less than one year and not more than four years and shall excuse persons with a higher level of licensure as provided in said section one hundred thirty-one of said chapter one hundred and twelve from obtaining the license referred to in the first paragraph of this section. At the time of promulgation of said regulations, the commissioner shall also submit to the house and senate committees on ways and means a proposed staffing plan for fiscal year nineteen hundred and ninety-eight which shall include: (1) the proposed number and assignments of all entry level social workers; (2) the proposed number, positions, and assignments of all social workers to be assigned and to perform at higher than entry level positions; (3) the commissioner's recommendations concerning requiring licensure of certain social workers at levels higher than the level required by the regulations which shall be promulgated pursuant to the first paragraph of this section; (4) the commissioner's recommendations for revisions to staffing patterns, including but not limited to identification of the job classifications in which additional staffing may be necessary or advisable; and (5) an analysis of the anticipated cost of implementing the recommended staffing plan, including any incremental or increased costs associated with additional licensure requirements or recommended staffing increases. SECTION 636. Notwithstanding the provisions of any general or special law to the contrary, the department of mental health, at the request of the department of social services, shall provide assistance in developing and implementing the treatment plans required pursuant to section thirty-three B of chapter one hundred and nineteen of the General Laws. Any disputes between the two departments as to the extent of the department of mental health's obligations to provide such assistance shall be resolved on a timely basis by the secretary of health and human services, taking into account the needs of the child at issue. SECTION 637. The deputy director of the division of housing and community development and the director of economic development are hereby authorized to carry out an interagency agreement for the expenditure of seven hundred fifty thousand dollars of previously transferred funds from the oil overcharge trust fund, so called, for the one and two person program, so-called, for elders and families whose income is in excess of one hundred and fifty percent of the federal poverty level, but not more than one hundred and seventy-five percent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of nineteen hundred and eighty-one, as amended; provided, that said amount may be expended from said fund for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven without further appropriation; provided further, that unexpended funds from an interagency agreement between the secretary of communities and development and the director of economic development for the fiscal year ending June thirtieth, nineteen hundred ninety-six are carried forward at and retained by the executive office of communities and development for said programs for low-income elders and families; provided further, that notwithstanding the provisions of any general or special law Chap. 151 to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low income elders and families shall not be subject to federal reimbursement; and, provided further, that funds provided through interagency agreements authorized herein for supplemental energy assistance for low income elders and families do not constitute an ongoing obligation of the commonwealth. SECTION 638. Notwithstanding the provisions of section 40 of chapter fifteen A of the General Laws and the regulations adopted thereunder, any election made in writing by an eligible employee between October thirtieth, nineteen hundred and ninety-five and April twenty-sixth, nineteen hundred and ninety-six to participate in the Optional Retirement Program authorized by said section shall be deemed valid as of July first, nineteen hundred and ninety-nine. SECTION 639. Notwithstanding any general or special law to the contrary, the director of the department of economic development may authorize expenditure from the commonwealth economic development fund, established pursuant to section three hundred and one of chapter thirty-eight of the acts of nineteen hundred and ninety-five, of an amount not to exceed three million dollars for grants to an employer of workers displaced by casualty destroying a manufacturing facility or portion thereof employing at least one thousand workers, for the training or retraining of such workers, for re-establishing the jobs affected by such casualty, or for other purposes which will benefit such workers; provided, however, that if any job reestablished after such casualty is eliminated or moved out of state prior to the end of the fifth full year after such grant, then in each year prior to the end of such fifth full year, a pro rata amount, as determined by the director of economic development, shall be repaid to said fund. SECTION 640. Notwithstanding the provisions of any general or special law to the contrary, all state agencies that permit hunting on public land, of which they have jurisdiction, shall post signs at all major points of entry to said land that clearly states the dates in which hunting is permitted on said land. The signs shall at least measure two feet by two feet. Such posting shall be maintained on a permanent basis. SECTION 641. The division of capital planning and operations is hereby authorized and directed to provide in consultation with the appropriate district attorney, adequate space allocation to house the district attorney's grand jury unit, superior court staff, appellate unit staff, or any other unit of the district attorney's office and executive and administrative staff where applicable in any existing or newly constructed, reconstructed or renovated courthouse in the commonwealth. No design, redesign, construction or renovation of any court facility referenced herein shall be finalized by the commissioner of the division of capital planning and operations until a formal presentation has been given to the district attorney on the design plans for the new, reconstructed or renovated facility. Further, said division of capital planning and operations is hereby authorized and directed to provide adequate space allocation to house the appropriate county sheriff in any existing or newly constructed, reconstructed or renovated courthouse in the commonwealth. No design, redesign, construction or renovation of any court facility referenced herein shall be finalized Chap. 151 by the commissioner of the division of capital planning and operations until a formal presentation has been given to the county sheriff on the design plans for the new, reconstructed or renovated facility; providing that the provisions in this section are not applicable to the courthouse project in the cities of Brockton and Taunton. SECTION 642. The division of capital planning and operations is hereby authorized and directed to consult with the director of the George Fingold library for the construction, renovation, design, or redesign of said library. No design, redesign, construction or renovation of said library shall be finalized by the commissioner of the division of capital planning and operations until a formal presentation has been given to said director on the design plans for the new, reconstructed or renovated library; provided, however, that written documentation signed by the director of the George Fingold library and the commissioner of the division of capital planning or his designee of said presentation is submitted to the house and senate committees on ways and means upon final authorization by said commissioner within thirty days of said presentation. SECTION 643. The secretary of the executive office of health and human services shall notify the house and senate committees on ways and means of any change in federal law affecting the administration, benefits, eligibility, expenditures and reimbursements for the medical care and assistance program established by Title XIX of the Social Security Act, any successor statute thereto and chapter one hundred and eighteen E of the General Laws. Said notice shall be submitted as soon as possible after said changes are enacted into federal law and shall be periodically updated to track the federal implementation of said law changes, including any rules, regulations, guidelines and policies promulgated or issued thereunder. In no event shall any such notice be submitted less than thirty days before a state agency under the authority of the secretary undertakes to implement such changes. Said notice shall describe said changes in relation to existing practices and shall assess their implications for the commonwealth's participation in said program. The secretary is further authorized and directed to prepare recommendations for consideration by the governor and the general court that would propose amendments to the General Laws, modifications of state financial practices and any reexamination of operating budget and revenue assumptions in effect for fiscal years nineteen hundred and ninety-seven and nineteen hundred and ninety-eight in response to such federal changes. The secretary shall promptly identify changes in federal reimbursement affecting the financial basis for state participation in the medicaid program, including, but not limited to, the implications for state cashflow, modification of the federal medical assistance percentage, maintenance of effort requirements, revenue projection methodologies, provider reimbursement rules, especially in the event of adoption of the medigrant, so-called. The description of such changes in federal reimbursement shall be accompanied by a projection of their fiscal impacts, including long term projections of state spending and revenues. In estimating total state revenues for fiscal year nineteen hundred and ninety-seven pursuant to section five B of chapter twenty-nine of the General Laws, the comptroller is hereby authorized and directed to estab- Chap. 151 lish baseline federal revenue for each state agency claiming federal medicaid reimbursements in said fiscal year. Said baseline shall be based on the Title XIX reimbursement methodology in effect on October first, nineteen hundred and ninety-seven. Said baseline shall distinguish between amounts claimed for operating budget expenditures, capital expenditures and revenue maximization projects. Said baseline shall be the official standard for assessing the effects of changes in federal law on state fiscal participation in the medicaid program. In the event that any such federal changes take effect during said fiscal year, the treasurer and receiver general shall deposit into a subfund of the General Fund all federal medicaid reimbursements in excess of said baseline projections. Notwithstanding the provisions of any general or special law to the contrary, the amounts deposited in said subfund shall be subject to specific appropriation from said subfund. No appropriation from said subfund shall be made until state law changes are made to conform to federal law changes with respect to the medicaid program and the secretary of administration and finance has certified to the house and senate committees on ways and means that any such excess federal reimbursements will not be required to maintain funding of the commonwealth's medicaid program without requiring corresponding increases in state medicaid appropriations for said program through fiscal year two thousand and three; provided, the secretary may propose changes to the purposes, structure, operations, eligibility, benefits or other feature of said program that would produce sufficient savings to offset any such corresponding increase in state appropriations in order to make available the monies in said subfund for other purposes. SECTION 644. Notwithstanding any general or special law to the contrary, there is hereby created a regional tourist council study commission. The members of the commission shall be the commissioner of the department of economic development, the director of the Massachusetts office of travel and tourism, the director of the Massachusetts office for business development, and the chairs of the joint committees on local affairs, natural resources and commerce and labor. The commission shall study the configurations of the existing regional tourist councils, and shall propose additions to or consolidations of the existing number of councils and revisions in the current configurations of such councils, taking into account the changing demographics and population concentrations within the commonwealth. The commission shall analyze the feasibility and desirability of establishing subregions within the tourist council regions, as well as revenue sharing strategies among the regions and subregions, in order to maximize the effectiveness of the regional tourist councils in fulfilling the goal of expanding and supporting tourism throughout all regions of the commonwealth. The commission shall submit a comprehensive report of its findings to the house and senate committees on ways and means on or before January first, nineteen hundred and ninety-seven. SECTION 645. The office of victim assistance and the parole board, in consultation with the executive office of public safety, shall establish and implement a system for ensuring that victims are given adequate advance notice of the release of a person incarcerated for an offense against such victim and are provided supportive services necessary as a result of such release. On or before March fifteenth, nineteen hundred and Chap. 151 ninety-seven, the office of victim assistance and the parole board shall jointly submit a report to the house and senate committees on ways and means and to the committee on public safety describing in detail the system that has been established and implemented and explaining the features that are designed to ensure that all victims receive adequate notice and support services in connection with such a release. SECTION 646. The department of highways is hereby authorized and directed to install a flashing school zone light on Route 85 in the town of Southborough at the crosswalk of the St. Mark's School. SECTION 647. The Metropolitan District Commission is hereby authorized and directed to establish within the department a fire control unit, so as to prevent, manage and suppress wildland and brush fires within the metropolitan park system, in order to ensure the environmental protection and integrity of the properties under the care, custody and control of the commission. The chief fire officer of the commission fire control unit, or his designee, shall administer the coordination and management of brush and wildland fire-ground and fire-fighting activities, within commission parks and reservations; The chief fire officer of the commission fire control unit will manage fire-ground and fire-fighting activities under the overall supervision of, and in consultation with the chief fire officer of the city or town in which the commission property is located. The chief fire officer of said city or town may delegate to the chief fire officer of the commission such authority or responsibility as he sees fit; The commission shall provide such equipment and staff training as is necessary in order to provide safe and effective wildland and brush fire suppression activities; The commission is hereby authorized to make the services of its fire control unit personnel and equipment available to the cities and towns within the metropolitan parks district, for the purposes of assisting with brush and wildland fire suppression on lands outside of commission property, upon the request of the chief fire officer of a city or town. The commission fire control unit is further authorized to respond to major brush and wildland fires outside of the metropolitan parks district if so requested by a city, town or fire district chief fire officer. SECTION 648. That all grade crossings to be constructed on the Old Colony RR, so-called, shall be guarded by two drop gates on each side of the tracks sufficient to prevent automobile traffic from crossing the tracks when the gates are down. SECTION 649. The commissioner of the department of revenue shall conduct an audit of the "Unidentified Child Support Payment Fund." The Commissioner must provide the results of the audit to the Child Support Enforcement Division which will in turn make recommendations to the commissioner on how to use said funds in the best interest of obligees and their children dependent on the program. Said recommendations shall include but not be limited to the use of such funds for increased extradition efforts, the transferal of the Unidentified Funds Account to the Child Support Trust Fund, and the redistribution of funds among obligees, as well as the use of the interest accrued. The Commissioner of the Department of Revenue and the Child Support Enforcement Division shall use said recommendations to submit a plan to the House and Senate Committees on Ways and Means no later than the second week of October nineteen hundred and ninety-six. Chap. 151 SECTION 650. There is hereby established on the books of the commonwealth a fund to be known as the Asbestos Cost Recovery Fund. Notwithstanding any general law or special law to the contrary, all sums awarded or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial or judgement from Commonwealth of Massachusetts v. Owens Corning Fiberglass, et. al., Suffolk Superior Court No. 90-3791-A, or received as payments by the commonwealth on account of the bankruptcy of any manufacturer, seller or distributor of asbestos containing materials in any building that the commonwealth owns, operates or has a property interest in shall be segregated and held in such trust. The division of capital planning and operations shall develop a plan for the orderly expenditure of such sums as are received by the Asbestos Cost Recovery Fund for the purposes of operations and maintenance, encapsulation and removal of asbestos. The plan, which shall be subject to revision as necessary, shall contain provisions for emergencies, the short term and long term control of asbestos in buildings owned or operated by the commonwealth, and the removal and disposition of asbestos containing materials in such buildings. Any funds deposited in said fund shall not revert to the General Fund, but shall remain available for the purposes provided herein. Any funds deposited as described above may be expended by the division of capital planning and operations, subject to appropriation, consistent with the purposes of this section. SECTION 651. In fiscal year nineteen hundred and ninety-eight and in each subsequent fiscal year, the minimum aid distributed to each city and town pursuant to the provisions of chapter seventy of the General Laws shall be the sum of (a) twenty-five dollars per student and (6) an additional amount calculated by apportioning to all minimum aid communities any amount by which the sum of statewide foundation gap, the state overburden obligation, and the statewide equity gaps, as defined in said chapter seventy, are reduced by any increase in lottery formula aid distributed in said year. SECTION 652. The district attorneys in the Suffolk, Northern, Eastern, Western, Plymouth, Cape and Islands, and Berkshire districts are hereby authorized and directed to continue the operation of the community based juvenile justice program in order to coordinate efforts of the criminal justice system in addressing juvenile violence through cooperation with the schools and local law enforcement representatives, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health. The district attorney's community based juvenile justice program shall identify cases in which the juvenile offender is among those most likely to pose a threat to their community. The program shall treat the identified cases as priority prosecution cases and impose individualized sanctions designed to deter the offender from further criminal or delinquent conduct. The office of the district attorney shall work with the schools and community representatives on development of violence prevention and intervention programs, identification, protocol and curricula. The office of the district attorney shall continue to conduct weekly working sessions focusing on specific events and particular individuals whose conduct poses a threat to schools, neighborhoods and communities. The office shall be responsible for creating, managing and updating a priority prosecution list of individuals identified as the Chap. 151 community's most serious violent youths and repeat offenders and shall update said list as events may happen and the individual is moved through the criminal justice system. The office of the district attorney shall assign prosecutors to the community based juvenile justice program who will treat the identified cases as their priority cases and shall work with the school, courts and other agencies to deter future violent, criminal or delinquent conduct. The office of the district attorney shall further be responsible for managing the lists, compiling and publishing statistics, coordinating meetings with the assistant district attorneys assigned to the program and local law enforcement agencies, schools, probation and court representatives, and where appropriate the department of social services, department of youth services, and department of mental health. The district attorneys operating said program shall continue to participate in the community based juvenile justice program task force for the purpose of sharing information on the practices and developments of violence prevention and prosecution in their particular program and said task force shall submit a report on each program, including statistics and findings, to the house and senate ways and means committees by February first, nineteen hundred and ninety-seven. SECTION 653. The deputy director of the division of housing and community development and the secretary of economic affairs are hereby authorized to carry out an interagency agreement for the expenditure of seven hundred fifty thousand dollars from the oil overcharge trust fund, so called, for the one and two person program, so-called, for elders and families whose income is in excess of one hundred and fifty percent of the federal poverty level, but not more than one hundred and seventy-five percent of said level, and for a program of supplemental energy assistance for low-income elders and families to be administered in accordance with the Low Income Home Energy Assistance Act of nineteen hundred and eighty-one, as amended; provided, that said amount may be expended from said fund for the fiscal year ending June thirtieth, nineteen hundred and ninety-six without further appropriation; provided further, that unexpended funds from an interagency agreement between the deputy director of housing and community development and the secretary of economic affairs for the fiscal year ending June thirtieth, nineteen hundred ninety-five are carried forward at and retained by the division of housing and community development for said programs for low-income elders and families; provided further, that notwithstanding the provisions of any general or special law to the contrary, funds expended for said one and two person program and for said program of supplemental energy assistance for low income elders and families shall not be subject to federal reimbursement; and, provided further, that funds provided through interagency agreements authorized herein for supplemental energy assistance for low income elders and families do not constitute an ongoing obligation of the commonwealth. SECTION 654. The division of medical assistance shall pay to reserve the bed in a nursing facility of any medical assistance recipient who is a nursing facility resident who has been transferred to an inpatient hospital for up to ten consecutive days and shall pay for temporary absences for recipients in nursing facilities and units for up to a total of fifteen days per calendar year when the recipient is absent from the facility for nonmedical reasons. Chap. 151 SECTION 655. The division of medical assistance shall not make the regulations, criteria and standards for determining admission to and continued stay in a nursing facility more restrictive than the regulations, criteria and standards in effect on January first, nineteen hundred and ninety-six. SECTION 656. Subject to appropriation, the department of transitional assistance is hereby authorized to continue the Parents Fair Share Program to the city of New Bedford through an interagency agreement in which the department of revenue shall administer said program. SECTION 657. No member of the board of registration in medicine as of the effective date of this act shall be disqualified from continuing to act as such by reason of clause (4) of subsection (a) of section nine B of chapter thirteen of the General Laws; provided, however, that such member shall comply in all respects with chapter two hundred and sixty-eight A of the General Laws. SECTION 658. The Massachusetts Water Resources Authority shall be required to notify on a monthly basis, the board of health in communities within the Massachusetts Water Resources Authority district, so-called, of the quality of drinking water supplied by said authority on a monthly basis. SECTION 659. The division of capital planning and operations is authorized and directed to enter into a contract with the Massachusetts Water Resources Authority for the purpose of expending such funds as are necessary to remove asbestos and any other hazardous material from the Fore River shipyard; provided that such funds shall be expended from the Asbestos Cost Recovery Fund, created by section sixteen of chapter sixty of the acts of nineteen hundred and ninety-four. SECTION 660. The Lynnfield water district, by and through its board of water commissioners is hereby authorized to enter into a lease or leases with providers of wireless communications for a term of not more than twenty-five years, for the right to attach antennae and associated equipment to its water storage tanks and a portion of the parcel of land on which said tanks are located on such further terms and conditions as said water commissioners deem to be in the best interests of said district. SECTION 661. The courthouse building in the city of Lawrence to be built on a parcel of land surrounded by Lawrence, Methuen, Appleton, and Canal streets shall be designated and known as "The Fenton Judicial Center" in honor of the Honorable John E. Fenton, Jr. and the late Honorable John E. Fenton, Sr. and their many contributions to both the judiciary and the city of Lawrence. Suitable markers bearing such designation shall be attached thereto by the division of capital planning and operations or any successor entity. SECTION 662. Seasonal employees of the department of environmental management who are hired prior to the second Sunday before Memorial Day and whose employment continues beyond the Saturday following Labor Day and who received health insurance benefits in fiscal year nineteen hundred and ninety-six shall continue to receive such benefits in fiscal year nineteen hundred and ninety-seven. Chap. 151 SECTION 663. The special commission, established by section three hundred and seventy-seven of chapter one hundred and ten of the acts of nineteen hundred and ninety-three and revived and continued by chapter two of the resolves of nineteen hundred and ninety-four, is hereby further revived and continued until December thirty-first, nineteen hundred and ninety-seven. SECTION 664. There shall be established a North Quabbin Domestic Violence Prevention Program to provide counseling advocacy, legal advocacy, community education and a hotline in the Athol area. The Program shall be funded through the Department of Public Health, the Department of Education, and the Department of Social Services. The Program shall develop a community based approach to facilitate the use of direct services and effective community education/prevention work. SECTION 665. There is hereby established a special commission on siting community-based human service facilities to consist of nine members, including the secretary of the executive office of health and human services or his designee, the commissioner of the department of mental health or his designee, the department of mental retardation or his designee, the chairpersons of the joint housing and urban development committee and the chairpersons of the joint committee on human services and elderly affairs, two members to be appointed by the governor, one whom shall be a relative of an individual currently residing in a community-based human service facility and one of whom shall be an expert in the field of community-based housing to conduct an investigation and study of the laws, policies and practices currently utilized in the siting of community-based human service facilities, including but not limited to a review of the policies relative to neighborhood and community planning, involvement and education. Said special commission shall report the results of its investigation and study including any recommendations by filing the same with the clerks of the senate and house of representatives not later then December thirty-first, nineteen hundred and ninety-six. SECTION 666. There is hereby established a special education study commission to consist of three members of the senate, one of whom shall be appointed by the minority leader of the senate, four members of the house of representatives, one of whom shall be appointed by the minority leader of the house of representatives; the chairman of the board of education, the secretary of administration and finance, or their respective designees; and six members to be appointed by the governor, one of whom shall be a representative of the Massachusetts municipal association, one of whom shall be a representative of the Massachusetts association of school committees, one of whom shall be a representative of the Massachusetts association of school superintendents, two of whom shall be members of local parents' advisory councils, and one of whom shall be jointly designated by the Children's Law Center of Massachusetts, the Massachusetts Advocacy Center and the Center for Law and Education. Said commission shall conduct an investigation and study relative to the impacts of special education programs established pursuant to chapter seventy-one B of the General Laws and regulations promulgated thereunder on the students eligible for said programs and on the educational programs and finances of school districts and municipalities. Chap. 151 Said investigation and study shall: perform a comparative analysis of the number of children receiving special education and the costs of such programs in Massachusetts and other states; examine current transportation services for children receiving special education and alternatives available to reduce costs, increase efficiency and improve the quality of said services; examine ways to increase coordination among school districts for the provision of higher quality cost-effective services, including the regionalization of special education programs; examine the system of evaluating, placing, and monitoring students receiving special education, including out-of-district placements; and examine the system of appeals and the system for monitoring school district compliance with the special education laws administered by the department of education. Said commission shall further examine the cost trends to local and regional school districts of providing special education services, the capacity of said districts to fund such services within the resources required or made available by chapter seventy of the General Laws and the effects of said services on the programmatic and fiscal planning and educational accomplishments of said districts. Said special commission shall further study issues surrounding the classroom discipline of children with special needs, including the impact, if any, of proposed or enacted federal laws relative to said issues, and identify modifications to laws and regulations of the commonwealth that would be necessary to comply with said proposed or enacted federal law changes. Furthermore, the department of education, subject to appropriation, shall establish and administer a program to train school personnel in the development of teacher support teams for the implementation of a pre-referral system for districts in the commonwealth with the highest percentage of school age children identified as children with special needs pursuant to said chapter seventy-one B as compared to other similar districts which have a disproportionately high number of limited English proficient students or minority students enrolled in special education programs. The department shall assist said school districts in developing a mechanism for the delivery of appropriate instructional accommodations within the regular education classroom. Said special commission shall report to the house and senate committees on ways and means the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry said recommendations into effect, by filing the same with the clerks of the house of representatives and senate and the joint committee on education, arts and humanities on or before January twentieth, nineteen hundred and ninety-seven. SECTION 667. Notwithstanding the provisions of any general or special law to the contrary, the foundation budget review commission established by section four of chapter seventy of the General Laws is hereby authorized and directed in fiscal year nineteen hundred and ninety-seven to study and make recommendations relative to the effects of the education reform financing provisions of said chapter seventy on: (1) the financial capacities of municipalities and the commonwealth to meet the financing schedule established by said chapter, (2) the effects of said provisions on the balance between municipal education Chap. 151 financing and the maintenance of non-education municipal services; (3) the predictability of the chapter seventy financing mechanism for long term municipal financial planning; (4) the ability of municipalities classified as "over-foundation budget" to achieve the purposes of said chapter seventy and (5) the relationship between per pupil expenditure norms established by the foundation budget and the actual marginal costs of educating an additional student. Said study shall update the estimates that were initially used to project the achievement of foundation budgets statewide by school year two thousand and two and the capacity of existing revenue sources of the commonwealth and municipalities to achieve said foundation budgets. Said study shall consider the effects of proposed reductions in federal education aid on achieving the purposes of chapter seventy by said year. Said study shall examine disparities among municipalities resulting from such financing provisions, including municipalities with non-taxable state-owned property, and analyze their effects on the various districts, including those districts experiencing high enrollment growth. Said study shall evaluate the impact of eliminating overburden aid as required by section five of said chapter seventy and examine the impact of increasing minimum aid above seventy-five dollars per pupil on below foundation municipalities. Said study shall evaluate the adjustments to the standard of effort required by said chapter seventy on municipalities with lower than average per capita incomes and equalized valuation that would enable such municipalities to receive not less than the statewide average of chapter seventy per pupil aid. Said study shall develop a marginal cost analysis of student education and examine the relationship between such marginal costs and the calculation of chapter seventy's per pupil foundation expenditures. Said study shall evaluate the department of education's methodology for allocating a municipality's minimum required local contribution between its local school district and any partial regional school district of which it is a member. The department of education and the department of revenue are hereby authorized and directed to assist the commission with any or all components of the study at the request of said commission. Before filing its recommendations, said commission shall hold a series of no fewer than six public hearings across the regions of the commonwealth for the purpose of accumulating public opinion and information regarding the issues to be included in the report. The commission's report, along with any legislative recommendations, shall be filed with the house and senate committees on ways and means, the clerks of the house of representatives and senate, and the joint committee on education, arts and humanities no later than February fifteenth, nineteen hundred and ninety-seven. SECTION 668. The Massachusetts Water Resources Authority Advisory Board, established pursuant to Section 23 of Chapter 372 of the acts of 1984, is hereby authorized and directed to undertake a study relative to establishing Massachusetts Water Resources Authority policy and criteria for water and sewer system expansion in non-member communities. The Massachusetts Water Resources Authority Advisory Board shall file said report with the clerks of the Senate and the House of Representatives not later than December thirty-first, nineteen hundred and ninety-six. Chap. 151 SECTION 669. The commissioner of the department of social services, in consultation with the statewide advisory council, the regional directors and regional advisory councils, the area director and area boards, and the collective bargaining representatives of the employees of the department, shall study and submit a report to the senate and house committees on ways and means and the joint committee on human services no later than the first day of April, nineteen hundred and ninety-seven, regarding the department's contracts with private provider agencies to provide direct care services. The report shall include a discussion of the strengths and weaknesses of such contracts in tenris of the quality and costs of services thereby provided, and shall include recommendations and proposed timetables for implementation of such recommendations, for improvement of quality, accountability, and for department oversight of the care delivered pursuant to such contractual relationships. SECTION 670. There is hereby established a special commission for the purpose of reviewing the manner in which telecommunication services are taxed by the commonwealth. The commission shall consist of thirteen members as follows: the chairman of the public utilities commission or designee, the commissioner of revenue or designee, two members of the house of representatives to be appointed by the speaker of the house, two members of the senate to be appointed by the senate president, two members to be appointed by the speaker of the house, one to represent the industry and one to represent the citizens of the commonwealth who shall have no connection to the industry other than as a consumer, two members to be appointed by the senate president, one to represent the industry and one to represent the citizens of the commonwealth who shall have no connection to the industry other than as a consumer, and three members appointed by the governor, one to represent the industry and one to represent the citizens of the commonwealth who shall have no tie to the industry other than as a consumer. The commission shall adopt such rules and establish such procedures as it considers necessary for the conduct of its business. Subject to appropriation the commission may expend funds as necessary to carry out its duties. No action of the commission shall be considered official unless approved by a majority vote of the commission. The commission shall investigate the nature of taxation of telecommunications, including, but not limited to, the definition of telecommunications, sales and use taxation of telecommunication services, sales of tangible personal property or services over the Internet, so called, or other telecommunication networks, cable television, computer software services, taxation of inconsequential tangible personal property and services, federal telecommunication legislation and the impact on the commonwealth and any inequities which may exist due (o sad taxation. Said commission shah report to the General Court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary, by filing the same with the governor of the commonwealth and the clerks of the senate and the house of representatives on or before the second Monday of September, nineteen hundred and ninety-seven. Said clerks shall forward copies of said report to the chairs of the joint committee on taxation and the senate and house committees on ways and means. Chap. 151 SECTION 671. Notwithstanding any general or special law to the contrary, a county corrections transfer study committee is hereby created. Said committee is authorized and directed to study and produce a comprehensive report on the financial and programmatic implications and advisability of, and recommended procedures for, transferring corrections functions now performed by county governments to the executive office of public safety. The report shall assume that such transfer is to be accomplished no later than July first, nineteen hundred and ninety-seven. The members of the study committee shall be the secretary of the executive office of public safety, the chair of the Massachusetts Sheriffs' Association, and the director of the division of local services in the department of revenue. The committee shall submit its report to the house and senate committees on ways and means, the joint committee on public safety, and the joint committee on counties, on or before January first, nineteen hundred and ninety-seven. SECTION 672. Notwithstanding any general or special law to the contrary, a registries of deeds transfer study committee is hereby created. Said committee is authorized and directed to study and produce a comprehensive report on the financial and programmatic implications and advisability of, and recommended procedures for, transferring the registries of deeds in the counties of the commonwealth to the office of the secretary of state. The report shall assume that such transfer is to be accomplished no later than July first, nineteen hundred and ninety-seven. The members of the study committee shall be the secretary of state, the chair of the State Association of the Registers of Deeds, and the director of the division of local services in the department of revenue. The committee shall submit its report to the house and senate committees on ways and means and the joint committee on counties, on or before January first, nineteen hundred and ninety-seven. SECTION 673. Notwithstanding any general or special law to the contrary, the Massachusetts Water Resources Authority is hereby authorized and directed to conduct a comprehensive study of the water and sewer needs of the towns of South Hadley and Wilbraham and the city of Chicopee and submit a report of the results of said study to the senate and house committees on ways and means no later than December thirty-first, nineteen hundred and ninety-six. SECTION 674. A special commission is hereby established to conduct a study of the feasibility of bulk storage methods for natural gas in a cryogenic state on land and in off-shore areas. The special commission shall consist of the senate and house chairmen of the joint committee on energy, a member of the house of representatives appointed by the speaker thereof, a member of the house of representatives appointed by the house minority leader, a member of the senate appointed by the president thereof, a member of the senate appointed by the senate minority leader, the chairman of the public utilities commission or his designee, and three representatives of the energy industry appointed by the governor. The commission shall report the results of its study by filing the same with the clerks of the senate and the house of representatives not later than December thirty-first, nineteen hundred and ninety-seven. Chap. 151 SECTION 675. To prepare for the adoption of a new funding schedule pursuant to the provisions of section twenty-two C of chapter thirty-two of the General Laws and to evaluate options to effectively address and reduce the commonwealth's unfunded pension liability, the secretary of administration and finance and the state treasurer are hereby authorized and directed to conduct a study of the commonwealth's retirement systems. The study shall include: an analysis of the pension structure and the teachers' and employees' benefit program of the commonwealth's current systems, including comparisons with other public and private retirement systems; an analysis of the cost of benefits to employees, teachers, and the commonwealth; an analysis of potential alternative benefit systems for commonwealth employees and teachers, including a defined contribution program; and such other issues as the secretary and state treasurer may deem relevant to evaluating options for the commonwealth's systems. Said secretary and state treasurer shall mutually choose and employ an entity to conduct an independent review of said study. Said secretary and state treasurer shall report the results of the study and the independent review to the house and senate committees on ways and means and the joint committee on public service on or before December first, nineteen hundred and ninety-six. SECTION 676. There is hereby established a smoking prevention and cessation advisory commission to consist of the senate and house chairs of the joint committee on public safety, the senate and house chairs of the joint committee on health care, the secretary of the executive office of public safety or his designee, the commissioner of the department of public health or his designee, the secretary of the executive office of administration and finance or his designee, two representatives of the Massachusetts tobacco control oversight council and two representatives from the coalition for a healthy future. Notwithstanding the provisions of any general or special law to the contrary, the commission shall conduct an annual investigation and study of the distribution and expenditures pursuant to chapter two hundred and fifty-four of the acts of nineteen hundred and ninety-two, to determine the effectiveness of programs fully or partially funded through the health protection fund. Said commission shall annually report the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry out such recommendations in order to serve the economic and health interests of the public, by filing the same with the clerks of the senate and house of representatives not later than May first, nineteen hundred and ninety-seven. SECTION 677. There is hereby established a task force consisting of the director of the following quasi-public corporations: Massachusetts Community Development Finance Corporation, Massachusetts Industrial Services Program, Massachusetts Centers of Excellence Corporation, the Massachusetts Corporation for Educational Telecommunications, Government Land Bank, Massachusetts Industrial Finance Agency, Massachusetts Technology Park Corporation, Massachusetts Micro electronics Center, the Thrift Fund for Economic Development, the director of economic development, the director of labor and workforce development and the house and senate chairmen of the joint committee on commerce and labor. The task force shall review current procedures cooperating, collaborating, and sharing information between all quasi-public corporations Chap. 151 and the undersecretary of economic development. The task force shall also propose recommendations for improving said cooperation, collaboration and information sharing including but not limited to exchange of information to ensure on going development projects receive the maximum benefit of state assistance available, to establish a monthly reporting system to said undersecretary of economic development to ensure said cooperation and information exchange is occurring, to establish a confidentiality procedure to protect proprietary business information disclosed to a quasi-public agency and any other recommendations the task force deems appropriate. The task force shall also undertake an analysis of business financing programs existing and targeted toward small business and ensure an adequate supply of capital is available. Said task force shall meet from time to time but for no more than six months. Said task force shall make its recommendations, along with any legislative proposals to the general court no later than December thirty-first, nineteen hundred and ninety-six. The task force shall cease to exist after December thirty-first, nineteen hundred and ninety-six. SECTION 678. There is hereby established a seven member special commission, to consist of the chairmen of the house and senate committees on ways and means and the joint committee on public service, a representative of the Retired State, County and Municipal Employees Association of Massachusetts, a representative of the Massachusetts Municipal Association and a representative of the Massachusetts Association of Contributory Retirement Systems, for the purpose of making an investigation and study of cost-of-living adjustments for all city, town and county retirees. Said study shall include, but shall not be limited to, the fiscal ramifications of continuing the commonwealth's obligation to reimburse local retirement systems for cost-of-living adjustments and the effect on the unfunded pension liabilities of both the state and the local systems. Said study shall also explore alternative methods of funding cost-of-living adjustments for city, town and county retirees, including the possibility of local retirement systems assuming the full obligation of funding all future cost-of-living adjustments for said retirees. Said commission shall report to the general court the results of its study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives on or before December first, nineteen hundred and ninety-six. SECTION 679. Notwithstanding any special or general law, rule or regulation to the contrary, the commissioner of insurance is authorized and directed to examine group automobile insurance discount programs, so-called, and to offer evidentiary findings and recommendations relative to (1) the proliferation of said programs within Massachusetts; (2) the impact of said programs on the rate structure of the Massachusetts automobile insurance market; (3) the impact of said programs on the administrative costs of automobile insurance providers servicing the Massachusetts market. Said examination should include a statement and analysis of the impact of a reduction of the fixed and established rate, so-called, applicable to all insureds, by a rate consistent with the average group discount approved by said commissioner during the past twelve months. Chap. 151 Such examination shall be completed not more than sixty days after the effective date of this section and a copy shall be forwarded to the joint legislative committee on insurance, the committee on ways and means of the house and senate, the attorney general, and the secretary of the commonwealth. SECTION 680. A special legislative commission shall be established to explore alternatives to local property taxes as the primary source of funding for public education in the commonwealth. The commission shall consist of three members to be named by the speaker of the house of representatives, one member named by the house minority leader, three members to be named by the senate president, and one member named by the senate minority leader. The governor may, in addition, name three members of the commission. The commission shall report to the ways and means committees of the house and senate not later than April thirtieth, nineteen hundred and ninety-seven. SECTION 681. The secretary of administration and finance, the commissioner of the department of revenue and the secretary of transportation are hereby authorized and directed to review and study methods to grant fuel tax relief for the purchase of gasoline and diesel fuel in Massachusetts. Said study shall include, but not be limited to, an examination of the feasibility of a reduction of the federal fuel excise tax imposed in nineteen hundred and ninety-three, so called, which had the net effect of raising the total tax on gasoline purchases by four and three-tenths cents per gallon and the net effect of such a reduction on state revenue, the impact of the reduction on the state highway fund and the extent to which projects must be delayed, reduced or cancelled due to said reduction in revenue. Said study shall determine methods for reducing the Massachusetts gasoline fuel tax by four and three-tenths cents per gallon up to and until the time that the federal government rescinds the increase in the federal fuel excise tax imposed in nineteen hundred and ninety-three; provided, that said plan shall include a provisions stipulating that said reduction in the commonwealth's fuel excise tax shall automatically revert to the difference between four and three-tenths cents per gallon and the amount by which the federal fuel excise has been reduced by any amount less than four and three-tenths cents per gallon. A report on said study shall be presented to the house and senate committees on ways and means on or before December thirty-first, nineteen hundred and ninety-six; provided, further, that the department of revenue is hereby directed to immediately begin conducting audits of out of state motor carriers to ensure compliance with the International Fuel Tax Agreement. SECTION 682. The House Committee on Ways and Means is hereby authorized to conduct a study relative to the feasibility of a complete or partial merger of the Department of State Police and the Massachusetts Bay Transportation Authority police department. Said study shall include regular consultation with the colonel of the State Police and the chief of the Massachusetts Bay Transportation Authority Police, and with representatives designated by the State Police Association of Massachusetts and the Massachusetts Bay Transportation Authority police patrolman's union. Said study shall address all issues relevant to such merger, including, but not limited to the following: the public safety efficacy of such a merger, efficiency and effectiveness of law enforcement operations; differences and similarities among the powers and duties of Chap. 151 the respective forces, including job task analysis; training, health and fitness standards of the respective forces; comparability of rank structure and line of command; comparability of salaries, seniority rights, civil service rights, vacation and sick leave, overtime compensation, and other employee rights and benefits of the employees of the respective police forces; the collective bargaining implications of any proposed merger; the retirement and pension rights of the employees of the respective forces including mandatory retirement and pension liabilities; and the overall cost effectiveness of any proposed merger. Study recommendations shall be filed with the clerk of the house of representatives and the clerk of the senate by December 15, 1996. SECTION 683. The executive office of administration and finance is hereby authorized and directed to examine the feasibility and cost effectiveness of instituting a centralized statewide human resources unit, hereinafter referred to as the total human resource unit, so-called, for the purpose of eliminating duplicative human resource duties currently performed in the agencies, departments, institutions and commissions of the commonwealth. Said study shall identify the policies, procedures, duties, regulations and other matters for which said centralized unit would be responsible, and the positive and negative effects of such centralization on the functioning of the agencies, departments, institutions and commissions of the commonwealth. Said study shall identify the number and full time equivalency of positions whose human resource duties might be eligible for transfer to such a centralized unit, the number of personnel in such positions performing other non-human resource duties whose transfer to such a centralized unit would result in an agency's loss of functionality, and savings attributable to instituting said centralized unit by agency, department and commission. Said study shall examine the office space needs of such a unit, amounts to be generated from instituting a chargeback, so-called, for the expenses of such a unit, and a staffing pattern for such a unit. Said study shall further identify the effects of collective bargaining agreements in instituting such a unit and any other matters necessary to resolve for its implementation. Said study shall be filed by the secretary of administration and finance with the house and senate committees on ways and means not later than September fifteenth, nineteen hundred and ninety-six, to be accompanied by recommendations for any legislation necessary to implement such a system. For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:- "Human resource duties" shall be defined as the selection, placement and training of employees. Such duties also include the formulation of policies, procedures and relations relative to employees or their representatives; "Human resource positions" shall include, but not be limited to the following job titles as defined by the department of personnel administration, personnel management group's statewide survey of human resources positions: human resource/personnel directors; training directors; classification/compensation managers; recruitment directors; personnel analysts; personnel officers; personnel selection specialists; training program coordinators; training technicians; and any other positions as defined in section one of this Chap. 151 act, except labor relations directors, labor relations officers, affirmative action directors, and affirmative action officers. SECTION 684. The provisions of section two hundred and fifty-eight shall not apply to an application for transfer that was approved prior to the effective date of this act. SECTION 685. The provisions of section six hundred and thirty-eight shall take effect as of July first, nineteen hundred and ninety-nine. SECTION 686. Section one hundred and fifty-seven and one hundred and sixty shall take effect as of July first, nineteen hundred and ninety-seven. SECTION 687. Section two hundred and four of this act shall take effect on January first, nineteen hundred and ninety-seven. Sections two hundred and five, four hundred and fifty-five and four hundred and fifty-six shall take effect with respect to payment of unemployment compensation occurring on or after January first, nineteen hundred and ninety-seven. SECTION 688. The provisions of section four hundred and sixty-two shall take effect as of July first, nineteen hundred and ninety-five. SECTION 689. Section two hundred and thirty-four shall be effective as of May first, nineteen hundred and ninety-six. SECTION 690. Except as otherwise provided in this act, the provisions of this act shall take effect as of July first, nineteen hundred and ninety-six. This bill was returned on June 30, 1996, by the Governor to the House of Representatives, the branch in which said bill was originated, with his objections in writing to the following items therein: Items Disapproved: SECTION 2: 1599-0033 7001-0010 7003-0100 7006-0090 7009-0001 SECTIONS 5, 33, 39,46,47, 60, 61, 62, 63, 64, 67, 68, 69, 70, 72, 73, 77, 78, 79, 80, 81, 84, 87,113,118,157,163,164,181,183,184,185,186, 200, 214, 215, 216, 217, 218, 219, 228, 248, 249, 254, 260, 280, 384, 387,460, 468, 509, 521, 522, 523, 524, 533, 534, 535, 536, 537, 539, 540, 544, 548, 555, 560, 562, 568, 569, 572, 579, 580, 590, 592, 596, 606, 615, 627, 635, 638, 641, 645, 646, 647, 653, 679, 681, 685 SECTION 2 Items reduced in amount and by striking the wording Item Reduce by Reduce to Wording Stricken 0332-5300 57,932 3,878,601 "; provided further, that one additional assistant clerk magistrate position shall be appointed and funded from this item during fiscal year nineteen hundred ninety-seven" Chap. 151 Wording Stricken "; provided further, that the department shall maintain a transitional assistance office at 294 Bowdoin street in the Dorchester section of the city of Boston" "; and provided further, that two hundred seventy-five thousand dollars from this item shall be placed in a reserve for an association known as the consortium, pursuant to the provisions of section five hundred and sixty-two of this act" "; provided, that four hundred seventy-five thousand dollars from this item shall be placed in a reserve for an association known as the consortium, pursuant to the provisions of section five hundred and sixty-two of this act" "; provided, that not less than seventy-five thousand dollars shall be expended for staff support services for the education reform and review commission established pursuant to the provisions of chapter seventy-one of the acts of nineteen hundred and ninety-three" SECTION 2 Items reduced in amount and by striking the wording and inserting in place thereof the following: Item Reduce by Reduce to Wording Stricken 4405-2000 1,175,000 194,921,619 "; provided further, that not less than one million two hundred thousand dollars shall be allocated for legal appeal services for emergency aid to the elderly, disabled and children to supplemental security income conversions" Wording Inserted "; provided further, that not less than twenty-five thousand dollars shall be allocated for legal appeal services for emergency aid to the elderly, disabled and children to supplemental security income conversions" Item 4400-1000 5011-0100 5911-1000 7010-0005 Reduce by 28,213 275,000 475,000 75,000 Reduce to 62,426,792 19,718,288 4,497,072 8,150,673 Chap. 151 SECTION 2 Items disapproved by striking the wording: Item Wording Stricken 1599-6895 "; provided further, that a study shall be conducted by the division of purchased services in order to examine the feasibility and financial impact of requiring any private human service provider, under contract to any state agency or department of the commonwealth, to compensate direct care workers in ratios of no greater than five to one and no greater than seven and one-half to one in direct proportion to that of the salary at the highest level of administrative position to that of the salary of the entry or lowest level of direct care workers within said private human service provider agency; provided further, that said study shall consider total annual compensation, including, but not limited to, overtime, of direct care workers employed by agencies under contract with the departments of mental retardation, mental health, transitional assistance, social services, and the executive office of elder affairs; and provided further,that said study shall be submitted to the house and senate committees on ways and means on or before the twentieth day of December nineteen hundred and ninety-six" 4513-1000 "; provided further, that the department shall fund not less than thirty-nine full time equivalent employees for the early intervention program" 5920-5000 "; provided further, that not more than one hundred and sixty clients shall receive services funded from this item in fiscal year nineteen hundred and ninety-seven" 5930-1000 "or any other item of 7003-0901 "; provided further, that the executive office of administration and finance is authorized and directed to submit an allotment and disbursement plan for the funds appropriated herein for approval by the general court, prior to the expenditure of any funds appropriated herein" 7003-9006 "; provided, that, with the exception of career centers located in the Boston service delivery area, not more than five career centers located in two service delivery areas shall operate in the commonwealth during fiscal year nineteen hundred ninety-seven; provided further, that the division of workforce development shall Chap. 151 promptly modify its contractual agreement with the United States department of labor to confirm with said limitations" Pursuant to Article 56 of the Amendments to the Constitution, Sections 86 and 105, the Governor sent a separate letter to the Senate and the House of Representatives setting forth recommended amendments. The remainder of the bill was approved by the Governor June 30, 1996 at twelve o'clock and four minutes, P.M. The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on July 25, 1996 in the House of Representatives and on July 29, 1996 the Senate passed the following Section: SECTION 679. The objections of the Governor notwithstanding and in the manner prescribed by the Constitution, on July 31, 1996, the House of Representatives and the Senate in concurrence passed the following section: SECTION 523