Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for supplementing certain items in the general and other fiscal year nineteen hundred and ninety-two appropriation acts and for certain other activities and projects, the sums set forth in section two are hereby appropriated from the General Fund unless specifically designated otherwise in the items, as said items are designated in the most recent appropriation act referred to above or herein and for the several purposes and subject to the conditions specified in said items as appearing in the most recent appropriation act referred to above or herein and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one and other fiscal year nineteen hundred and ninety-two appropriation acts, for the fiscal year ending June thirtieth, nineteen hundred and ninety-two or for such period as may be specified, the sums so appropriated to be in addition, unless otherwise specified, to any amounts available for the purpose.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 Judiciary. `tc2 Committee for Public Counsel Services. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0321-1515 `tc4 For the prior years' expenses of private counsel assigned under the provisions of subsection (b) of section six of chapter two hundred and eleven D of the General Laws, and pursuant to section twelve of said chapter `tc6 $12,891,000 `tc3 DISTRICT ATTORNEYS. `tc2 Eastern. `tc1 0340-0340 `tc4 `tc6 $27,252 `tc2 Cape and Islands. `tc1 0340-1040 `tc4 `tc6 $30,000 `tc2 Secretary of State.

`tc1 0521-0000 `tc4 `tc6 $500,000 `tc3 OFFICE OF THE TREASURER AND RECEIVER-GENERAL. `tc1 0611-5010 `tc4 For the purposes of expenditures pursuant to the provisions of section sixty-five of this act `tc6 $500,000 `tc1 0612-1010 `tc4 `tc6 $14,883,750 `tc1 0612-1030 `tc4 For the fiscal year nineteen hundred and ninety-three costs to the commonwealth's pension liability fund attributable to the cost-of-living increase pursuant to chapter seventy of the acts of nineteen hundred and ninety-two `tc6 $60,000,000 `tc3 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE. `tc2 Office of Indian Affairs. `tc1 1150-5200 `tc4 `tc6 $6,000 `tc2 Reserves. `tc1 1599-0036 `tc4 `tc6 $3,068,000 `tc5 Massachusetts Tourism Fund 100.0% `tc1 1599-2038 `tc4 `tc6 $905,060 `tc1 1599-3101 `tc4 For the payment of the commonwealth's employer contributions to the unemployment compensation fund and medical security trust fund, as a supplement to the collections and payments made pursuant to the system of chargebacks authorized in item 1599-3100 of section two of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one; provided, that the comptroller shall report to the secretary for administration and finance and house and senate committees on ways and means what amounts the individual appropriation accounts and certain non-appropriated funds would have been charged based on said system of chargebacks `tc6 $250,000 `tc1 1599-3201 `tc4 To fund a study commission to determine the feasibility of establishing a technology center on the campus of minuteman regional vocational technical school in the town of Lexington, for the purposes of facilitating recruitment and training of technicians through a partnership with industry, primarily in the electromagnetical, biomedical, marine electronics, biotechnology and environmental fields `tc6 $15,000 `tc1 1599-3384 `tc4 `tc6 $4,043,399 `tc1 1599-3730 `tc4 For a reserve to fund the costs incurred by cities and towns as a result of section four of chapter one hundred and five of the acts of nineteen hundred and ninety-two. Said reserve shall be distributed to cities and towns by the secretary for administration and finance upon certification by the division of local mandates within the office of the state auditor of the costs incurred by said cities and towns as a result of section four of chapter one hundred and five of the acts of nineteen hundred and ninety-two `tc6 $200,000 `tc1 1599-3850 `tc4 For emergency assistance to needy cities and towns with serious financial emergencies; provided that such emergencies shall be certified after study and analysis by the division of local services of the department of revenue provided further that such cities and towns shall develop and implement financial management plans approved by said division to remediate the cause of such financial emergencies; provided, however, that no such city or town may receive more than forty percent of the total appropriation and provided further, that the house and senate committees on ways and means and the commissioner of administration and finance shall be notified at least fifteen days prior to the approval of any distribution of monies from this account to any such city or town `tc6 $1,500,000 `tc5 Local Aid Fund 100.0% `tc1 1599-6000 `tc4 For a reserve for the purposes of section one of chapter six hundred and ten of the acts of nineteen hundred and eighty-nine `tc6 $37,668 `tc1 1599-7000 `tc4 For a reserve for the memorial dedicated to the veterans of the Korean War `tc6 $175,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Protection. `tc1 2200-0103 `tc4 For the purposes of dredging Leesville pond `tc6 $30,000 `tc2 Metropolitan District Commission. `tc1 2440-0010 `tc4 For the administration of the metropolitan district commission parks and recreation division, for maintenance of parks, reservations and the Charles River Basin, for the operation and maintenance of the southwest corridor park system, for the division of central services, reservation and interpretive services division, and division of highways, for the maintenance of boulevards, parkways, locks, bridges and dams, for the maintenance of vehicles and metropolitan district commission garages, and the purchase of supplies and equipment; provided, that five hundred thousand dollars be expended on peak season employees; provided further, that funds appropriated herein for personnel and expenses of those who work at the Metro Park Zoos may be transferred to line item 2443-2000 when said personnel are formally transferred to the Commonwealth Zoological Corporation; and provided further, that not less than one hundred thousand dollars be provided for a summer jobs program in the city of Lynn `tc6 $1,000,000 `tc5 Local Aid Fund 31.8% `tc5 Highway Fund 68.2% `tc1 2440-0011 `tc4 For the cost of rebedding the Cronin Rink in the city of Revere `tc6 $750,000 `tc1 2440-1000 `tc4 For a study and the preparation of plans, if necessary, and for general restoration, rehabilitation and construction by the commission, and any costs related thereto, including but not limited to materials, furnishings and equipment at the Veterans Memorial Rink in Somerville, Saxton J. Foss park, George Dilboy Field, and Hormel Stadium `tc6 $750,000 `tc1 2444-9005 `tc4 `tc6 $300,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3711-9111 `tc4 For the state's share in the cost of the Lowell Square mixed income family development project, so-called, in the city of Boston; provided, that the funds appropriated herein shall be in addition to any other state or federal funds available for said project `tc6 $2,000,000 `tc1 3722-9108 `tc4 `tc6 $75,000 `tc1 3743-2027 `tc4 `tc6 $200,000 `tc1 3745-1000 `tc4 `tc6 $2,000,000 `tc1 3747-0003 `tc4 For the Boston Housing Authority for a program to provide certain tenant services `tc6 $76,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Office of Veterans Affairs. `tc1 4170-0401 `tc4 For a program of assistance to veterans provided by the New England Shelter for Homeless Veterans `tc6 $125,000 `tc1 4170-0420 `tc4 For bonus payments to Gulf War veterans; provided, that notwithstanding any general or special law to the contrary, said bonus payments to Gulf War veterans shall be made to those persons who were called to active service during the period of August second, nineteen hundred and ninety to April tenth, nineteen hundred and ninety-one under Title X of the United States Code, including a reservist or member of the national guard, upon discharge from active service, and to any regular service personnel who served during such period in the war zone and contiguous waters `tc6 $1,000,000 `tc2 Department of Public Welfare. `tc1 4400-1300 `tc4 The department of public welfare may expend an amount not to exceed nine hundred thousand dollars from federal reimbursement accrued from the MPACS project, so-called, for the purposes of a food stamp outreach program `tc6 $900,000 `tc2 Department of Public Health. `tc1 4510-1002 `tc4 The commissioner of the department of public health is hereby authorized to establish and maintain a mammography licensing program; provided, that the department may expend an amount not to exceed one hundred and seventy-five thousand dollars from revenues received from collection of a fee for licensing mammography facilities; provided further, that revenues collected will be used to support the necessary staff and equipment to inspect those facilities; and provided further, that revenue collected may be used for the compensation of employees `tc6 $175,000 `tc2 Department of Social Services. `tc1 4800-0019 `tc4 `tc6 $218 `tc1 4800-0029 `tc4 `tc6 $416,164 `tc1 4800-0039 `tc4 `tc6 $717,627 `tc1 4800-0041 `tc4 `tc6 $315,000 `tc2 Department of Mental Health. `tc1 5046-3000 `tc4 For the homelessness prevention program of the adult services program in the metropolitan Boston area `tc6 $1,000,000 `tc2 Department of Mental Retardation. `tc1 5920-3000 `tc4 For the respite services program for adults, children and adolescents `tc6 $1,000,000 `tc1 5983-0100 `tc4 For the operation of facilities for the mentally retarded; provided, that the department may expend funds as needed, pursuant to schedules filed with the secretary for administration and finance and the house and senate committees on ways and means, for a facility maintenance crew to provide minimum maintenance to buildings at Belchertown state school following its phase-down; provided further, that an amount not to exceed five hundred thousand dollars may be expended for the purpose of reimbursing costs for the provision of services to certain mentally retarded community clients. `tc6 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6010-0050 `tc4 For the state highway and bridge repair program of the executive office; provided, that the commissioner of highways shall immediately expend funds from this item of appropriation; provided further, that funds available herein shall be in addition to state highway and bridge capital authorization for fiscal year nineteen hundred and ninety-three; provided further, that twenty million six hundred twenty-five thousand dollars shall be expended from this item in the counties of Berkshire, Hampden, Hampshire, and Franklin; twenty million six hundred twenty-five thousand dollars shall be expended from this item in the counties of Norfolk and Worcester; twenty million six hundred twenty-five thousand dollars shall be expended from this item in the counties of Essex and Middlesex; twenty million six hundred twenty-five thousand dollars shall be expended from this item in the counties of Barnstable, Bristol, Dukes, Nantucket and Plymouth; seventeen million five hundred thousand dollars shall be expended from this item in Suffolk county; and, ten million dollars shall be expended by the metropolitan district commission for construction projects on commission roadways and bridges in Suffolk county; provided further, that all funds available herein shall be committed to projects on or before August fifteenth, nineteen hundred and ninety-two; and provided further, that the commissioner of highways shall submit a report to the house and senate committees on ways and means and the joint committee on transportation detailing the projects awarded from this item on or before September first, nineteen hundred and ninety-two `tc6 $110,000,000 `tc5 Infrastructure Sub-Fund 100.0% `tc1 6030-7502 `tc4 For overtime expenses incurred by the city of Salem for police coverage in regard to the failure of the Beverly-Salem bridge, so-called `tc6 $5,825 `tc5 Highway Fund 100.0% `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7009-1000 `tc4 For payments by the secretary to vendors for services under the provisions of section four of chapter six hundred and fourteen of the acts of nineteen hundred and eighty-five, as amended by section one hundred and twenty-nine of chapter two hundred and forty of the acts of nineteen hundred and eighty-nine, actually rendered prior to December thirty-first, nineteen hundred and ninety-one but for which full payment has not been made `tc6 $275,000 `tc1 7027-1000 `tc4 For the state matching requirements of project PALMS, so-called, and the community service project, so-called, provided, that the secretary of education may coordinate with the department `tc6 $2,100,000 `tc1 7061-0003 `tc4 For reimbursement for the regional costs of the town of Wendell `tc6 $18,501 `tc1 7061-0009 `tc4 For the reimbursement to cities, towns, and regional school districts of the tuition in public schools of any school age child placed elsewhere other than in his own home town, by, or under the control of the department of public welfare or the department of social services under the provisions of sections seven and nine of chapter seventy-six of the General Laws; provided, that notwithstanding any general or special law to the contrary, the commonwealth's obligation shall not exceed the amount appropriated herein `tc6 $1,000,000 `tc1 7061-0012 `tc4 `tc6 $335,000 `tc1 7066-1010 `tc4 `tc6 $175,000 `tc2 Higher Education Coordinating Council. `tc1 7310-0100 `tc4 To fund contractual education needs at the University of Massachusetts at Dartmouth in compliance with an arbitrator's decision `tc6 $161,117 `tc1 7511-0100 `tc4 For the purpose of meeting the fiscal year nineteen hundred and ninety-three debt service obligation of North Shore Community College on the Health and Education Facilities Authority Funds for the construction and renovation of the Allied Health and Services Center at the Danvers campus; provided, that this one-time obligation is due and payable on or before April first, nineteen hundred and ninety-three `tc6 $370,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Secretary. `tc1 8000-0102 `tc4 For a reserve for community policing grants to be administered by the executive office of public safety. Said executive office shall provide grants to cities and towns which have experienced severe health and safety problems as a result of having increased gang activity and street violence `tc6 $5,000,000 `tc5 Highway Fund 85.0% `tc5 General Fund 15.0% `tc2 Department of State Police. `tc1 8100-0002 `tc4 `tc6 $623,630 `tc5 Highway Fund 100.0% `tc1 8100-0003 `tc4 `tc6 $627,000 `tc5 Local Aid Fund 36.0% `tc5 Highway Fund 64.0% `tc2 Registry of Motor Vehicles. `tc1 8400-0001 `tc4 For the administration program of the registry of motor vehicles; provided that the registrar is hereby authorized and directed to reopen the branch office of the registry located in the city of Fall River `tc6 $750,000 `tc5 Highway Fund 100.0% `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc1 9000-1901 `tc4 `tc6 $250,000 `tc2 Bay State Skills. `tc1 9081-7011 `tc4 `tc6 $275,000 `tc2 Executive Office of Elder Affairs. `tc1 9110-9002 `tc4 For the Newton and Waltham offices of the council on aging `tc6 $30,000 `tcol;end

SECTION 2A. The amounts set forth in this section are hereby appropriated from the Federal Grants Fund. Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amount of any unexpended balance of federal grant funds received prior to June thirtieth, nineteen hundred and ninety-two, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year nineteen hundred and ninety-three, in addition to any amount appropriated in this section. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tch `tc1 `ts Item `t+1 `tch;end

`tc1 4407-9070 `tc4 For the purposes of a federally funded grant entitled, At Risk Day Care `tc6 $6,200,000 `tcol;end

SECTION 2B. I. For the purpose of making available in fiscal year nineteen hundred and ninety-three balances of appropriations which otherwise would revert on June thirtieth, nineteen hundred and ninety-two, the unexpended balances of the maintenance appropriation items listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-three. Amounts in this section are re-appropriated for the purposes of and subject to the conditions stated below for each item; provided however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two of the general appropriation act and section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided however, that for items neither with purposes and conditions specified below nor appearing in said section two or two A, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated below for each item; provided, however, that for items for which no fund is so designated, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of the general appropriation act or section two A of supplemental appropriation acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that for items neither with a fund designated below nor appearing in said section two, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 SENATE. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0111-9000 `tc4 `tc6 $7,644 `tc1 0115-8758 `tc4 `tc6 $3,764 `tc1 0185-7816 `tc4 `tc6 $6,323 `tc1 0185-7888 `tc4 `tc6 $150,000 `tc3 JUDICIARY. `tc1 0337-0100 `tc4 `tc6 $35,000 `tc3 EXECUTIVE. `tc2 Governor. `tc1 0411-1000 `tc4 `tc6 $300,000 `tc3 SECRETARY OF STATE. `tc1 0521-0000 `tc4 `tc6 $500,000 `tc3 TREASURER AND RECEIVER-GENERAL. `tc1 0611-5010 `tc4 `tc6 $500,000 `tc1 0612-1030 `tc4 `tc6 $60,000,000 `tc3 `tc3 ATTORNEY GENERAL. `tc1 0810-0399 `tc4 `tc6 $95,000 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Department of Procurement and General Services. `tc1 1104-5211 `tc4 `tc6 $63,000 `tc3 Office of Employee Relations. `tc1 1105-3611 `tc4 `tc6 $115,558 `tc1 1108-3602 `tc4 `tc6 $53,208 `tc2 Office of Indian Affairs. `tc1 1150-5200 `tc4 `tc6 $6,000 `tc3 Reserves. `tc1 1599-0036 `tc4 `tc6 $3,068,000 `tc1 1599-3730 `tc4 `tc6 $200,000 `tc1 1599-3850 `tc4 `tc6 $1,500,000 `tc1 1599-5000 `tc4 `tc6 $500,000 `tc1 1599-6000 `tc4 `tc6 $37,668 `tc1 1599-7000 `tc4 `tc6 $175,000 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Office of the Secretary. `tc1 2010-0100 `tc4 `tc6 $127,000 `tc2 Department of Environmental Management. `tc1 2100-0005 `tc4 `tc6 $642,053 `tc3 Department of Environmental Protection. `tc1 2200-0103 `tc4 `tc6 $30,000 `tc3 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2320-0100 `tc4 `tc6 $80,000 `tc3 Metropolitan District Commission. `tc1 2440-0010 `tc4 `tc6 $1,000,000 `tc1 2440-0011 `tc4 `tc6 $750,000 `tc1 2440-0018 `tc4 `tc6 $48,000 `tc1 2440-0500 `tc4 `tc6 $265,000 `tc1 2440-1000 `tc4 `tc6 $750,000 `tc2 Department of Food and Agriculture. `tc1 2520-0107 `tc4 `tc6 $1,555,788 `tc1 2520-0300 `tc4 `tc6 $30,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3711-9111 `tc4 `tc6 $2,000,000 `tc1 3722-9100 `tc4 `tc6 $5,000,000 `tc1 3722-9108 `tc4 `tc6 $75,000 `tc1 3743-2027 `tc4 `tc6 $200,000 `tc1 3745-1000 `tc4 `tc6 $2,000,000 `tc1 3747-0003 `tc4 `tc6 $76,000 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Rate Setting Commission. `tc1 4100-0010 `tc4 `tc6 $200,000 `tc2 Massachusetts Commission for the Blind. `tc1 4110-1024 `tc4 `tc6 $2,500,000 `tc2 Veterans Services. `tc1 4170-0401 `tc4 `tc6 $125,000 `tc1 4170-0420 `tc4 `tc6 $1,000,000 `tc2 Department of Public Health. `tc1 4510-1002 `tc4 `tc6 $175,000 `tc2 Department of Medical Security. `tc1 4600-1000 `tc4 `tc6 $37,000 `tc1 4600-1050 `tc4 `tc6 $650,000 `tc1 4600-1200 `tc4 `tc6 $5,000,000 `tc1 4600-1210 `tc4 `tc6 $1,800,000 `tc2 Department of Mental Health. `tc1 5046-3000 `tc4 `tc6 $1,000,000 `tc2 Department of Mental Retardation. `tc1 5920-3000 `tc4 `tc6 $1,000,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Massachusetts Highways Department. `tc1 6010-0050 `tc4 `tc6 $110,000,000 `tc2 Massachusetts Aeronautics Commission. `tc1 6006-0002 `tc4 `tc6 $55,000 `tc1 6006-0004 `tc4 `tc6 $12,000 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7009-1000 `tc4 `tc6 $275,000 `tc1 7027-1000 `tc4 `tc6 $2,100,000 `tc1 7061-0009 `tc4 `tc6 $1,000,000 `tc1 7066-1010 `tc4 `tc6 $175,000 `tc2 Higher Education Coordinating Council. `tc1 7070-0065 `tc4 `tc6 $8,100,000 `tc1 7310-0100 `tc4 `tc6 $161,117 `tc1 7511-0100 `tc4 `tc6 $370,000 `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Office of the Secretary. `tc1 8000-0102 `tc4 `tc6 $5,000,000 `tc2 Department of Police. `tc1 8100-0015 `tc4 `tc6 $42,950 `tc1 8314-1100 `tc4 `tc6 $26,620 `tc3 REGISTRY OF MOTOR VEHICLES. `tc1 8400-0001 `tc4 `tc6 $750,000 `tc1 8800-0032 `tc4 `tc6 $6,000,000 `tc1 8800-0100 `tc4 `tc6 $25,000 `tc2 Parole Board. `tc1 8950-0001 `tc4 `tc6 $876,385 `tc3 EXECUTIVE OFFICE OF ECONOMIC AFFAIRS. `tc2 Office of the Secretary. `tc1 9000-1492 `tc4 `tc6 $1,500,000 `tc1 9000-1901 `tc4 `tc6 $250,000 `tc1 9000-1920 `tc4 `tc6 $166,000 `tc2 Department of Employment and Training. `tc1 9081-0350 `tc4 `tc6 $3,050,000 `tc3 EXECUTIVE OFFICE OF CONSUMER AFFAIRS. `tc2 Community Antenna Television Commission. `tc1 9215-0001 `tc4 `tc6 $12,000 `tc2 Division of Banks. `tc1 9221-1000 `tc4 `tc6 $80,000 `tc3 LEGISLATURE. `tc2 House of Representatives. `tc1 9628-0010 `tc4 `tc6 $601,000 `tcol;end

II. For the purpose of making available in fiscal year nineteen hundred and ninety-three certain balances from retained revenues, so-called, which otherwise would revert on June thirtieth, nineteen hundred and ninety-two, the unexpended balances of the items listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the fiscal year nineteen hundred and ninety-three. Amounts in this section are re-authorized for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two of the general appropriation act for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that for items neither with purposes and conditions specified below nor appearing in said section two, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated below for each item; provided, however, that for items for which no fund is so designated, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section two of the general appropriation act for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that for items neither with a fund designated below nor appearing in said section two, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE. `tc2 Division of Capital Planning and Operations. `tch `tc1 `ts Item `t+1 `tch;end `tc1 1102-3214 `tc4 `tc6 $1,983,120 `tc1 1102-3215 `tc4 `tc6 $4,432,881 `tc1 1102-5231 `tc4 `tc6 $86,434 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tc1 4400-1300 `tc4 `tc6 $900,000 `tcol;end

III. For the purpose of making available in fiscal year nineteen hundred and ninety-three certain balances from federal grants, so-called, which otherwise would revert on June thirtieth, nineteen hundred and ninety-two, the unexpended balances of the items listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the fiscal year nineteen hundred and ninety-three. Amounts in this section are re-authorized for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two A of the general appropriation act for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that for items neither with purposes and conditions specified below nor appearing in said section two A, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section two A of this act or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated below for each item; provided, however, that for items for which no fund is so designated, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section two A of the general appropriation act for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that for items neither with a fund designated below nor appearing in said section two A, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two A of this act or in prior appropriation acts. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Department of Public Welfare. `tch `tc1 `ts Item `t+1 `tch;end `tc1 4407-9070 `tc4 `tc6 $6,200,000 `tcol;end

IV. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-three certain balances of authorizations which otherwise would revert on June thirtieth, nineteen hundred and ninety-two, the unexpended balances of the bond-funded items listed below are hereby re-authorized for the fiscal year nineteen hundred and ninety-three. `tuc 1100-1560 1100-1561 1100-7850 1100-8860 1102-8792 1102-8804 1102-8813 1102-8814 1102-8889 2120-8884 2120-8886 2121-8996 2121-8997 2260-8880 2410-7872 2440-7881 2440-7849 2440-7878 2440-7882 2511-8840 2440-8845 2511-8881 2511-8885 3722-7870 3722-7871 3722-8841 3722-8842 3722-8843 3722-8844 3722-8845 3722-8846 3722-8861 3722-8862 3722-8863 3722-8864 3722-8865 3722-8866 3722-8870 3722-8871 3722-8872 3722-8873 3722-8874 3722-8875 3722-8876 3722-8879 3722-9030 3722-9301 3724-9001 4000-7871 4000-7880 5011-7880 6000-3100 6001-8625 6010-7880 6020-7881 6020-7882 6020-7883 6020-8845 6030-7701 6030-7871 7010-0001 7066-8841 7100-7871 7100-7880 7100-7881 7100-7882 7109-8846 7112-8842 7220-7880 7410-7882 7411-8842 7504-7871 8312-7885 9110-7801 9110-7881

V. For the purpose of making available for expenditure in fiscal year nineteen hundred and ninety-three certain balances of authorization which otherwise would revert on June thirtieth, nineteen hundred and ninety-two, the unexpended balances of the bond-funded items listed below are hereby re-authorized for the fiscal year nineteen hundred and ninety-three; provided that the unexpended balances in any other items included by reference in the items listed below are not re-authorized. `tuc 0431-8811 0431-8833 0431-8835 1100-8758 1102-7845 1102-7847 1102-7849 1102-7880 1102-8791 1102-8801 1102-8806 1102-8812 1102-8819 1102-8822 1102-8843 1102-8844 1102-8847 1102-8870 1102-8883 1102-9802 1102-9880 1593-0058 1593-0237 1593-0265 1593-0379 2000-7880 2000-7881 2000-8830 2000-8881 2000-8882 2000-8883 2000-8884 2000-8885 2000-8886 2000-8887 2000-8888 2000-8889 2000-9841 2000-9843 2100-7871 2120-7842 2120-7848 2120-7849 2120-7871 2120-7873 2120-7874 2120-7875 2120-7876 2120-7878 2120-7880 2120-7881 2120-7882 2120-7883 2120-7884 2120-7885 2120-7886 2120-7887 2120-8794 2120-8803 2120-8805 2120-8812 2120-8825 2120-8841 2120-8844 2120-8848 2120-8861 2120-8871 2120-8881 2120-8882 2120-8883 2120-8885 2120-8886 2120-9801 2120-9841 2120-9842 2120-9843 2120-9844 2120-9845 2120-9847 2121-8881 2121-8882 2121-8883 2121-8884 2121-8885 2121-8886 2121-8887 2121-8888 2121-8889 2121-9881 2121-9882 2121-9883 2121-9884 2121-9885 2121-9886 2121-9887 2130-8771 2130-8772 2150-6844 2150-6847 2150-6849 2150-7841 2150-7871 2150-7872 2150-7873 2150-7874 2150-7875 2150-7876 2150-7878 2150-7879 2150-7880 2150-7882 2150-7883 2150-7885 2150-7886 2150-7887 2150-7888 2150-8831 2150-8845 2150-8848 2150-8881 2150-8882 2150-8884 2150-8885 2150-8886 2150-9845 2150-9847 2200-7880 2200-7882 2200-7883 2200-7884 2200-7886 2200-7887 2200-7888 2240-8881 2250-1001 2250-7874 2250-8844 2250-8881 2260-9881 2260-9882 2260-9883 2260-9884 2260-9885 2260-9886 2270-8771 2270-8772 2270-8791 2270-8811 2270-8812 2270-8813 2270-8821 2300-8881 2310-7871 2310-7880 2320-7880 2320-7881 2320-8813 2320-8842 2320-8843 2320-8881 2350-7880 2410-8801 2410-8802 2410-8803 2420-7880 2420-7881 2420-7882 2420-7884 2420-8881 2440-7848 2440-7870 2440-7871 2440-7875 2440-7879 2440-7880 2440-7883 2440-7884 2440-7885 2440-7886 2440-8794 2440-8795 2440-8796 2440-8798 2440-8802 2440-8812 2440-8813 2440-8819 2440-8840 2440-8843 2440-8844 2440-8848 2440-8873 2440-8881 2440-8882 2440-8883 2440-8884 2440-8885 2440-8886 2440-8887 2440-8888 2440-8889 2440-9812 2440-9813 2440-9842 2440-9843 2440-9844 2440-9845 2440-9846 2440-9848 2440-9872 2443-7880 2444-7871 2444-7872 2444-8812 2444-8842 2449-7350 2449-7370 2449-8754 2449-8755 2449-8791 2681-9029 3722-9015 4001-8860 4180-7880 4180-7881 4180-7882 4180-7883 4190-7880 4190-7881 4190-7882 4190-7883 4311-7882 4510-7881 4510-7882 4532-7872 4536-7880 4540-7871 5011-8801 5011-8802 5011-8811 5011-8812 5011-8841 5011-8842 5011-8844 5011-8875 5011-8876 5011-8877 5011-8878 5011-8879 5011-9873 5095-5870 5095-6870 5095-8870 5095-8871 5095-8872 5095-8873 5095-8874 5095-8875 5095-8876 5095-8877 5095-8878 5377-7872 5377-8842 5655-8841 5895-8841 6000-3025 6001-8610 6001-8620 6001-8626 6001-8635 6032-4037 6032-4038 6059-0000 7000-9881 7027-7888 7052-8860 7070-8811 7109-7881 7111-7880 7117-8841 7310-7872 7310-7881 7410-8772 7410-8781 7410-8784 7410-8842 7410-8843 7410-8846 7411-7881 7411-7883 7416-7871 7452-7872 7490-8722 7490-8721 7490-8751 7511-8752 7512-7881 7516-8841 8000-8841 8000-8842 8200-7871 8200-7880 8200-7881 8200-8842 8312-7880 8312-8843 8350-7880 8350-7881 8800-7880 9091-7871 9200-8870 9300-3901 9300-3902 9300-3905

SECTION 3. Clause (iv) of the last paragraph of section 8 of chapter 6B of the General Laws, as appearing in section 12 of chapter 495 of the acts of 1991, is hereby amended by striking out, in lines 2 and 3, the words "July fifteenth, nineteen hundred and ninety-two" and inserting in place thereof the following words:- January fifteenth, nineteen hundred and ninety-three.

SECTION 4. Section 35J of chapter 10 of the General Laws, inserted by section 305 of chapter 138 of the acts of 1991, is hereby amended by striking out clause (a) and inserting in place thereof the following clause:-

(a) forty percent to the office of travel and tourism for promoting the recreational, cultural, historic and scenic resources of the commonwealth to increase its desirability as a location for tourism, conventions, travel, recreation-related activities, economic development, business expansion, and job creation, provided that no funds may be spent for a building project, as defined by section thirty-nine A of chapter seven.

SECTION 5. Said chapter 10 is hereby further amended by striking out section 35L, inserted by section 191 of chapter 133 of the acts of 1992, and inserting in place thereof the following section:-

Section 35L. There shall be established upon the books of the commonwealth a separate fund to be known as the Division of Insurance Trust Fund, to be expended, subject to appropriation, by said division established in section one of chapter twenty-six. Revenues collected by said division pursuant to section one hundred and sixty-three of chapter one hundred and seventy-five shall be deposited into said trust fund to a maximum amount of two million dollars in fiscal year nineteen hundred and ninety-three. All monies collected pursuant to said section one hundred and sixty-three in excess of two million dollars in fiscal year nineteen hundred and ninety-three shall be deposited into the General Fund. All monies deposited in said trust fund that are unexpended at the end of the fiscal year shall not revert to the General Fund.

SECTION 5A. Said chapter 10 is hereby further amended by inserting after section 35M, inserted by section 192 of chapter 133 of the acts of 1992, the following section:-

Section 35N. There is hereby established on the books of the commonwealth a fund to be known as the Martin Luther King Commission Trust Fund. The Martin Luther King commission is hereby authorized to accept donations to the fund for the purpose of planning and executing ceremonies and events in memory of the Reverend Martin Luther King, Jr.

SECTION 6. Section 28A of chapter 22C of the General Laws, as appearing in section 22 of chapter 412 of the acts of 1991, is hereby amended by striking out, in line 4, the word "grade" and inserting in place thereof the following word:- title.

SECTION 7. Section 18 of chapter 25 of the General Laws is hereby amended by striking out, in line 34, as appearing in the 1990 Official Edition, the word "fifty" and inserting in place thereof the following word:- seventy-five.

SECTION 8. Chapter 26 of the General Laws is hereby amended by striking out section 8F, as amended by section 331 of chapter 133 of the acts of 1992, and inserting in place thereof the following section:-

Section 8F. The commissioner of insurance is hereby authorized to require each insurance company issuing private passenger motor vehicle liability policies in the commonwealth to collect an assessment to be utilized by the attorney general for the purposes set forth under the provisions of section eleven F of chapter twelve. Said assessment shall be such amounts as shall be determined and certified annually by the commissioner of insurance as sufficient to produce eight hundred thousand dollars in revenue to the commonwealth, plus the total amount of funds estimated by the secretary of administration and finance to be expended from the general fund for indirect and fringe benefit costs attributable to personnel costs of the attorney general's office related to the purposes for which this assessment is collected, and shall be assessed as determined by the commissioner against each private passenger motor vehicle liability policy issued in the commonwealth.

The commissioner shall annually estimate the total number of earned car years of motor vehicle policies providing private passenger motor vehicle liability coverage in the commonwealth, and the amount to be assessed equally against such earned car year of exposure sufficient to produce eight hundred thousand dollars in revenue to the commonwealth, plus the total amount of funds estimated by the secretary of administration and finance to be expended from the general fund for indirect and fringe benefit costs attributable to personnel costs of the attorney general's office related to the purposes for which this assessment is collected. Each insurer issuing private passenger motor vehicle liability policies shall collect the amount determined by the commissioner to be assessed from each person to whom a private passenger motor vehicle liability policy is issued. In any year in which such rates are fixed and established pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five, the commissioner shall make a specific provision in the expense allowance in private passenger motor vehicle liability rates which shall be adequate to allow this assessment to be recovered in such rates by each insurer. In any year in which such rates are determined by any other method, this assessment shall be approved by the commissioner in the expense allowance for private passenger motor vehicle liability rates. Such assessments shall not be reported or included as premiums for any tax or regulatory purposes. If the attorney general fails to expend in any fiscal year the total amount of eight hundred thousand dollars for the purposes set forth under the provisions of section eleven F of chapter twelve, the amount unexpended in such fiscal year shall be reduced by such unexpended amount.

The commissioner is authorized to estimate the amount to be collected by each insurer issuing private passenger motor vehicle liability policies based on the number of earned car years of private passenger motor vehicle liability exposure in the prior year, and require each such insurer to remit such estimated amount to the commonwealth. The commissioner shall subsequently notify each of the actual amount of assessment required to be forwarded to the commonwealth based on each insurer's total earned car years of private passenger motor vehicle liability exposures. The commissioner shall make appropriate adjustments for any variation between the estimated amount assessed and the actual amount collected by each insurer.

SECTION 9. Said chapter 26 is hereby further amended by inserting after section 8I the following section:-

Section 8J. The commissioner of insurance shall make a special division of insurance maintenance assessment in each fiscal year against each life insurer licensed to do business in the commonwealth. This maintenance assessment shall be made proportionately against each such life insurer based on the percentage of so much of the premium as is reported on line twenty-two, columns three, four and five of schedule T of a life insurer's most recent annual statement required to be filed with the commissioner pursuant to section twenty-five of chapter one hundred and seventy-five, as compared to the total premium reported in line twenty-two, columns three, four and five of schedule T of said most recent annual statements required to be filed by all such life insurers. Each individual life insurer's assessment shall be in an amount estimated to be sufficient to produce a total aggregate assessment of one million and fourteen thousand dollars. Estimated assessments shall be paid within thirty days of notice from the commissioner and may be charged to the normal operating costs of the insurer.

SECTION 10. Chapter 29 of the General Laws is hereby amended by inserting after section 29F the following section:-

Section 29G. Notwithstanding any provisions of law to the contrary, the officer having charge of any state agency is hereby authorized to retain the services of one or more private persons, companies, associations, or corporations for the purpose of recoupment of overcharges to the commonwealth for utility expenses including but not limited to electric, gas, water, and sewer expenses, pursuant to agreements between the department of procurement and general services and said private persons, companies, associations or corporations. The deputy commissioner of the department of procurement and general services shall from time to time enter into agreements with one or more private persons, companies, associations, or corporations for the provision of overcharge recoupment services on behalf of state agencies. No such agreement shall be entered into unless proposals for the same have been invited by public notice published in at least one newspaper once a week for at least two consecutive weeks prior to the time specified for the opening of said proposals. All such proposals shall be opened in public. Said deputy commissioner may reject any and all proposals. Any such agreements shall provide, in the discretion of said deputy commissioner, the manner in which compensation for such services shall be paid. Under regulations established by said deputy commissioner, such compensation may be deducted and retained from the recoupment of overcharges or paid by the commonwealth from existing expenditure accounts without additional appropriation therefrom; provided, further, that said deputy commissioner is authorized and directed to allow access to such agreements by political subdivisions of the commonwealth, including but not limited to towns, cities, counties, local housing authorities, and any other instrumentalities. Said deputy commissioner shall report to the comptroller annually a list of all private persons, companies, associations or corporations with whom said deputy commissioner has agreements for recoupment of overcharges during the fiscal year, and the amount of overcharges recouped and the compensation paid to each such person, company, association, or corporation. Said comptroller shall include and disclose this information as part of the annual report under section twelve of chapter seven A.

SECTION 11. Subsection (b) of section 1 of chapter 30B of the General Laws is hereby amended by adding the following clause:-

(30) a contract for the collection, transportation, receipt, processing or disposal of solid waste, recyclable or compostable materials.

SECTION 12. Said section 1 of said chapter 30B is hereby further amended by adding the following subsection:-

(e) Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract, in conformance with this chapter, for the construction and for services at a facility owned by a private party or parties, whether such facility will be located on public or private land for the disposal, recycling, composting or treatment of solid waste, sewage, septage or sludge without said contract being subject to the competitive bid process as set forth in sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine; provided, however, that this subsection shall not apply to a procurement of proprietary environmental technology in accordance with subsection (5) of section forty-four A of chapter one hundred and forty-nine.

SECTION 13. Section 6 of said chapter 30B is hereby amended by adding the following paragraph:-

(j) Notwithstanding the provisions of this section, with respect to contracts for the recycling or composting of solid waste or the treatment, composting or disposal of sewage, septage or sludge at a facility to be owned and constructed by a private party or parties whether such facility will be, located on public or private land, the request for proposals may include proposed contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or non-negotiable, provided that the request for proposals may request proposals or offer options for fulfillment of other contractual terms. The chief procurement officer shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The chief procurement officer may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. If after negotiation with such offeror, the chief procurement officer determines that it is in the best interests of the governmental body, the chief procurement officer may determine the proposal which is the next most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract with such offeror. The chief procurement officer shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, the evaluated criteria set forth in the request for proposals, and the terms of the negotiated contract. The chief procurement officer shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement.

SECTION 14. Paragraph (f) of section 12 of said chapter 30B, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "offal", in line 56, the following words:- or treatment or disposal of sewage, septage or sludge.

SECTION 15. Said chapter 30B is hereby further amended by inserting after section 13 the following section:-

Section 13A. With respect to contracts for the recycling or composting of solid waste or the treatment, composting or disposal of sewage, septage or sludge authorized under the provisions of subsection (e) of section one, the governmental body may negotiate modifications and amendments to contracts for recycling services involving the addition of materials to be collected or processed, the deletion of materials to be collected or processed, the change in specifications with respect to materials to be collected or processed, and any price adjustments related to such modifications and amendments, where the contract is for a term of two years, or more, and where such changes are based upon changes in market conditions since the commencement of the contract, provided:

(1) after reasonable investigation of costs and benefits, the chief procurement officer has determined in writing that such modification is in the best interest of the governmental body; and

(2) where the modification involves the addition of materials and an increase in price to the governmental body, the chief procurement officer has determined in writing that the amendment is more advantageous than alternate means of procuring such services.

SECTION 16. Section 91A of chapter 32 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "disability", in line 2, the second time it appears, the following words:- , except any person sixty-five years of age or older who had twenty-five or more years of service at the time of his retirement and was pensioned or retired for disability other than accidental disability.

SECTION 17. Paragraph (a) of section 21C of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Full and fair cash valuation" the following definition:-

"Allowable tax growth factor", the maximum allowable percentage of growth in total taxes assessed in excess of the preceding fiscal year's levy limit, equivalent to the average change in the three preceding calendar years' annual index of the Implicit Price Deflator for Consumer Expenditures for the northeast region, as determined by the Bureau of Economic Analysis of the United States Department of Commerce; provided, however, that the total tax assessment in any fiscal year shall not exceed one hundred and five percent of the preceding fiscal year's levy limit. In calculating the allowable local tax growth factor for any fiscal year, the same index for a calendar year that was used in prior calculations shall be used in subsequent calculations involving that calendar year, notwithstanding periodic adjustments made in the index by the Bureau of Economic Analysis for that calendar year.

SECTION 18. Paragraph (f) of said section 21C of said chapter 59 is hereby amended by inserting after the word "paragraph (g)", in line 62, as so appearing, the following words:- ; provided, however, that a city or town which adopts an allowable tax growth factor system pursuant to paragraph (n) may increase its total tax assessment for any fiscal year to the extent permitted by this section.

SECTION 19. Said section 21C of said chapter 59 is hereby further amended by adding the following paragraph:-

(n) The local appropriating authority of any city or town may, by a majority vote, seek voter approval at a regular election to adopt an allowable tax growth factor system.

Any question to be submitted to voters shall be worded as follows:

"Shall the (city/town) of ______________ be allowed to adopt an allowable tax growth factor system in the computation of real estate and personal property taxes to be assessed for the fiscal years beginning July first, (year) and thereafter which allows tax growth to be adjusted for an inflation factor in place of the limitations imposed by "Proposition 2 1/2", so-called, which limits increases to 2 1/2% annually ".

YES _____________ NO __________________

Said question shall be deemed approved if a majority of the persons voting thereon shall vote "yes".

Any time after adoption of the allowable tax growth factor system, the voters of any city or town having so adopted may, upon collection of signatures equal in number to three percent of those registered to vote in such city or town, cause the question of the repeal of the allowable tax growth factor system for the next fiscal year to be placed upon the ballot of the next regular election. The signatures for the referendum must be filed with the city or town clerk at least thirty-five days before the election in which the question is to appear, and filed for certification by the registrar of voters fourteen days before filing with the clerk.

Any question submitted to the voters shall be worded as follows:

"Shall the (city/town) of _____________ return to the method of assessing real estate and personal property taxes contained in proposition two and one-half so-called, which limits tax growth to 2 1/2% annually, for the fiscal years beginning July first, (year), and thereafter ".

YES _____________ NO __________________

Said question shall be deemed approved if a majority of the persons voting thereon shall vote "yes".

SECTION 20. Section 3 of chapter 73 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- All moneys payable by towns under such agreements shall be held upon a trust or trusts and disbursed at the direction of the board of trustees of the institution that is party to such agreement.

SECTION 21. Chapter 75 of the General Laws is hereby amended by inserting after section 14B, inserted by section 22 of chapter 142 of the acts of 1991, the following section:-

Section 14C. The university may establish and manage, under such regulations as the board of trustees may from time to time prescribe, the University of Massachusetts Research Foundation, for the purpose of promoting research at the university by obtaining, administering or disposing of patents or inventions resulting from such research or otherwise and devoting the income therefrom to further research, beneficial to the university and to the commonwealth.

The University of Massachusetts Research Foundation may (1) receive and hold in separate custody gifts, bequests and devises of real or personal property; (2) receive and hold in separate custody compensation or reimbursement resulting from inventions, patents, contractual or other research, the conducting of tests for outside agencies or other funds that may be acceptable to the foundation; (3) disburse funds so acquired for purposes of instruction, research, tests, invention, discovery, development or engineering consistent herewith; (4) obtain, administer and dispose of patents, assignments, grants, licenses or other rights and hold the same in separate custody; (5) make assignments, grants, licenses, or other disposal equitably in the public interest of any rights owned, acquired or controlled by the Foundation in or to inventions, discoveries, patent applications or patents, and to charge therefor and collect and to incorporate in funds in the custody of the Foundation reasonable compensation in such form as the board of trustees may determine; and (6) execute contracts with employees or others for the purpose of carrying out the provisions hereof and permitting such employees or others to share in the net proceeds of such contracts as the board of trustees shall determine.

The foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution. The funds of said Foundation shall be subject to annual audit by the state auditor. No activities, specified in the foregoing, shall be undertaken by said Foundation which in the opinion of the board of trustees will be likely to interfere with the regular, efficient and proper exercise of the functions of said university. In conducting contractual or other research, tests or similar activities, said Foundation shall give preference to citizens of and to corporations organized under the laws of the commonwealth.

The board of trustees shall prescribe and enforce such regulations as it may deem necessary, with regard to the ownership of inventions developed with the use of facilities of the institute by students, research fellows, staff members, faculty or other persons, the transfer of such inventions, or patent applications or patents resulting therefrom, to the Foundation, the amount of the respective shares of the inventor, the university, and the Foundation in the proceeds therefrom, and the arbitrating of any and all disagreements involving the same.

SECTION 22. Section 20A> of chapter 90 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 101, the word "ten" and inserting in place thereof the following word:- twenty.

SECTION 23. Section 150A of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the fourteenth paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, the department of environmental protection shall require landfills which have been constructed without a liner designed to restrict the flow of leachate into the ground water to stop the disposal of solid waste in unlined areas after January first, nineteen hundred and ninety-four, the department may permit disposal beyond January first, nineteen hundred and ninety-four in an unlined area into which waste had been previously disposed in accordance with a department approved permit where no later than October first, nineteen hundred and ninety-three the operator submits to the department: (i) a report of a department approved assessment of the actual or potential migration of leachate or other contaminants off the site which demonstrates that continued operation of the unlined area does not pose a significant threat to the public health, safety or the environment and (ii) a financing and construction plan which proposes the cessation of operations in the unlined areas and the closure of said areas as soon as feasible. Nothing in this paragraph shall preclude the department from acting to address violations of this chapter, chapter twenty-one E or the regulations promulgated thereunder.

SECTION 24. Section 38 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "department", in lines 1, 10, 13, 14, 16 and 18, in each instance, the following words:- or retail store pharmacy department.

SECTION 25. Section 39 of said chapter 112, as so appearing, is hereby amended by inserting after the word "department", in lines 3, 5, 8 and 13, in each instance, the following words:- or retail store pharmacy department.

SECTION 26. The first paragraph of section 44 of chapter 121B of the General Laws, as most recently amended by section 46 of chapter 6 of the acts of 1991, is hereby further amended by striking out clause (b).

SECTION 27. Section 57 of said chapter 121B, as appearing in the 1990 Official Edition, is hereby amended by striking out, in line 41, the words "one million" and inserting in place thereof the following words:- two million five hundred thousand.

SECTION 27A. Said section 57 of said chapter 121B, as so appearing, is hereby further amended by striking out, in line 41, the word "twenty" and inserting in place thereof the following word:- fifty.

SECTION 28. Section 6 of chapter 136 of the General Laws, as most recently amended by section 491 of chapter 133 of the acts of 1992, is hereby further amended by adding the following clause:-

(54) The cutting and styling of hair, manicuring, and the furnishing of related cosmetological and beauty services.

SECTION 29. Section 148 of chapter 149 of the General Laws is hereby amended by striking out the fourth paragraph, inserted by section 333 of chapter 138 of the acts of 1991.

SECTION 30. Chapter 235 of the General Laws is hereby amended by striking out section 34A, as most recently amended by section 5 of chapter 494 of the acts of 1991, and inserting in place thereof the following section:-

Section 34A. The right or interest of any person in an annuity, pension, profit sharing or other retirement plan maintained in accordance with the federal Employee Retirement Income Security Act of 1974, or in any annuity or similar contract purchased with assets distributed from any of the foregoing, or in any plan maintained by an individual as a Keough Plan, a Simplified Employee Plan, or an Individual Retirement Account shall be exempt from the operation of any law relating to insolvency and shall not be attached or taken on execution or other process to satisfy any debt or liability of such person, except as may be necessary to satisfy (i) an order of a court concerning divorce, separate maintenance or child support under chapters two hundred and eight, two hundred and nine, and two hundred and seventy-three or (ii), in the event of the conviction of such person of a crime, an order of a court requiring him to satisfy a monetary penalty or make restitution to the victim of such crime. The exemption in this section for plans maintained by an individual shall not apply to sums deposited in said plans in excess of seven percent of the total income of such individual within five years of the individual's declaration of bankruptcy or entry of judgment.

SECTION 31. Section 28 of chapter 246 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- For the purpose of this section, the word "pension" shall mean any annuity, pension, profit sharing or other retirement plan maintained in accordance with the federal Employee Retirement Income Security Act of 1974, or any plan maintained by an individual as a Keough Plan, a Simplified Employee Plan, or an Individual Retirement Account, provided, however, that this definition shall not apply to sums deposited in said plans in excess of seven percent of the total income of such individual within five years of the individual's declaration of bankruptcy or entry of judgment.

SECTION 32. Chapter 372 of the acts of 1984 is hereby amended by inserting after section 11 the following section:-

Section 11A. (a) Debt for borrowed money incurred by the commonwealth in respect to the metropolitan district commission sewer system, or any predecessor thereof, shall not be assumed by said Authority; provided, however, that on and after July first, nineteen hundred and eighty-five, the Authority shall make payments to the state treasurer from the sewer division to reimburse the commonwealth for all payments made on and after July first, nineteen hundred and eighty-five by the commonwealth on account of principal, including sinking fund installments and interest on all bonds of the commonwealth issued for purposes of the former metropolitan district commission sewer system. The amount of such reimbursements, and the date on which the amounts to be reimbursed shall become due, shall be certified to the Authority by the treasurer, for each fiscal year no later than two hundred and eighty days prior to the commencement thereof; provided, however, that such amounts due on July first, nineteen hundred and eighty-five shall be certified ninety days prior thereto. The obligation of the Authority to make the reimbursements herein required shall be subordinate in every respect to the Authority's obligation for debt service on its bonds.

(b) Debt for borrowed money incurred by the commonwealth in respect to the metropolitan district commission water system, or any predecessor thereof, shall not be assumed by the Authority; provided, however, that on or after July first, nineteen hundred and eighty-five, the Authority shall make payments to the state treasurer from the water division of the Authority to reimburse the commonwealth for one-half of all payments made on or after July first, nineteen hundred and eighty-five by the commonwealth on account of principal, including sinking fund installments and interest on all bonds of the commonwealth issued for purposes of the former metropolitan district commission water system. The amount of such reimbursements, and the date on which such amounts to be reimbursed shall become due, shall be certified to the Authority by the treasurer, for each fiscal year no later than two hundred and eighty days prior to the commencement thereof; provided, however, that such amounts due on July first, nineteen hundred and eighty-five shall be certified ninety days prior thereto. The obligation of the Authority to make the reimbursements herein required shall be subordinate in every respect to the Authority's obligations for debt service on its bond.

SECTION 33. Section eleven A of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four is hereby repealed.

SECTION 34. Chapter two hundred and eighty-six of the acts of nineteen hundred and ninety is hereby repealed.

SECTION 35. Item 2100-0001 in section 2 of chapter 138 of the acts of 1991 is hereby amended by striking out, in line 7, the words

"Environmental Management Revolving Fund 100.0%"

and inserting in place thereof the following words:-

Local Aid Fund 97.0%

Highway Fund 3.0%

SECTION 36. Item 2260-8870 in said section 2 of said chapter 138 is hereby amended by striking out, in lines 11 and 12, the words

"Environmental Challenge Fund 70.0%

General Fund 30.0%"

and inserting in place thereof the following words:-

General Fund 80.0%

Environmental Challenge Fund 20.0%

SECTION 37. Item 2440-0012 in said section 2 of said chapter 138 is hereby amended by striking out, in line 8, the words

"Metropolitan Recreation Revolving Fund 100.0%"

and inserting in place thereof the following words:-

Local Aid Fund 31.8%

Highway Fund 68.2%

SECTION 38. Item 4100-0010 in said section 2 of said chapter 138 is hereby amended by inserting after the word "positions", in line 1, the following words:- ; provided, however, that up to two hundred thousand dollars shall be expended from this item for the purposes of the hospital payment system advisory commission established pursuant to section eight of chapter six B of the General Laws; provided further, that staff employed by said commission shall not be permanent state employees nor subject to classification.

SECTION 39. Section 2A of said chapter 138 is hereby amended by inserting before item 0340-0318 the following:-

Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with the provisions of section six B of chapter twenty-nine of the General Laws. The amount of any unexpended balance of federal grant funds received prior to June thirtieth, nineteen hundred and ninety-one, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year nineteen hundred and ninety-two, in addition to any amount appropriated in this section.

SECTION 40. Item 4400-4000 in said section 2 of said chapter 138 is hereby amended by inserting after the word "program", in line 3, the following words:- ; and provided, further, that the department may expend from this item an amount not to exceed two million dollars for the payment of expenses incurred in the prior fiscal year.

SECTION 41. Item 4406-5000 in said section 2 of said chapter 138 is hereby amended by inserting after the word "Hospitals", in line 11, the following words:- ; and provided, further, that the department may expend from this item an amount not to exceed three million four hundred and forty-two thousand two hundred and one dollars for the payment of expenses incurred in the prior fiscal year.

SECTION 42. Section forty-six of said chapter one hundred and thirty-eight is hereby repealed.

SECTION 43. Item 9000-1901 in section 2 of chapter 307 of the acts of 1991 is hereby amended by inserting after the word "bureau", in line 6, the following words:- ; and provided, further, that of the amount appropriated herein, not less than two hundred and fifty thousand dollars shall be expended for the Boston Festival in the fiscal year beginning July first, nineteen hundred and ninety-two and ending June thirtieth, nineteen hundred and ninety-three, prior appropriation continued.

SECTION 44. Section 111 of chapter 412 of the acts of 1991 is hereby amended by striking out, in line 1, the words "The provisions" and inserting in place thereof the following words:- Until a collective bargaining agreement is executed in accordance with the provisions of section one hundred and fourteen, the provisions.

SECTION 45. Said section 111 of said chapter 412 is hereby further amended by striking out, in line 6, the word "twelve" and inserting in place thereof the following word:- fourteen.

SECTION 46. Paragraph (i) of section 114 of said chapter 412 is hereby amended by striking out, in lines 5 to 8, inclusive, the words ", that such agreement shall be deemed to be an interim agreement between the commonwealth and said representative to resolve any outstanding issues for the consolidation of said police forces pursuant to the provisions of this act; and provided further".

SECTION 47. Paragraph (ii) of said section 114 of said chapter 412 is hereby amended by striking out, in lines 13 to 16, inclusive, the words ", that such agreement shall be deemed to be an interim agreement between the commonwealth and said team to resolve any outstanding issues for the consolidation of said police forces into a department of state police pursuant to the provisions of this act; and, provided further,".

SECTION 48. Section 2A of chapter 23 of the acts of 1992 is hereby amended by striking out item 2440-9841 and inserting in place thereof the following item:-

2440-0018: For the study and design if necessary, and for the cost of emergency repairs of the Kasobuski Rink in the town of Saugus, including but not limited to any necessary materials and equipment $48,000

SECTION 49. Section twenty-nine of chapter twenty-six of the acts of nineteen hundred and ninety-two is hereby repealed.

SECTION 50. Item 4125-0100 in said section 2 of said chapter 133 is hereby amended by striking out the figure "2,714,552" and inserting in place thereof the figure:- 2,914,552.

SECTION 51. Item 4510-0750 in section 2 of chapter 133 of the acts of 1992 is hereby amended by inserting after the word "positions", in line 4, the following words:- provided, that the department shall continue to accept applications pursuant to paragraph (4) of subsection (a) of section twenty-five C> of chapter one hundred and eleven of the General Laws for facilities in underbedded urban areas;.

SECTION 52. Item 9519-6000 in said section 2 of said chapter 133 is hereby amended by striking out the figure "245,333" and inserting in place thereof the figure:- 425,000.

SECTION 53. Item 4402-4200 in said section 2 of said chapter 133 is hereby amended by inserting after the word "contract" the following words:- ; provided, however, that, notwithstanding other provisions of this line item and without the necessity of obtaining approval by the rate setting commission, the department may establish capitated rates by contract with a licensed chronic disease and rehabilitation hospital for services provided pursuant to a managed care program beginning in fiscal year nineteen hundred and ninety-three;.

SECTION 54. Section one hundred and sixty-five of said chapter one hundred and thirty-three is hereby repealed.

SECTION 55. Said chapter 133 is hereby further amended by striking out section 168 and inserting in place thereof the following section:-

Section 168. Notwithstanding the provisions of any general or special law to the contrary, regional transportation authorities established pursuant to chapter one hundred and sixty-one B of the General Laws are hereby authorized and directed to broker, arrange and manage a program of transportation services for individuals served by the following state agencies: the Massachusetts commission for the blind, the Massachusetts rehabilitation commission, the department of social services, the department of public welfare, including the medicaid program, the department of public health, the department of mental health, and the department of mental retardation. Any other state agency may participate in said program at its discretion.

Said program shall provide for the safe and appropriate transportation of said individuals in the most cost-effective manner, including but not limited to the use of public transportation, contracted transportation, joint purchasing and leasing and the shared use of existing vehicles owned and operated by said agencies. Said authorities shall routinely assess the needs of said individuals and may centralize, as necessary, the scheduling, dispatching and coordination of transportation services to meet said needs. Said authorities may enter into any types of contracts or other arrangements with providers of transportation services deemed necessary to carry out the purposes of this section including, but not limited to, selective contracts, volume purchase contracts, and preferred provider contracts. Said authorities may negotiate reimbursement rates with providers of transportation services under any such contract or other arrangement, provided, that such rates shall not exceed the rates of payment permissible under Title XIX of the Social Security Act; and provided further, that any such negotiated rate shall not be subject to the provisions of chapter six A of the General Laws or any other general or special law to the contrary. Said authorities shall ensure that billing systems developed for the purposes of said program shall be capable of maintaining the documentation necessary to secure federal financial participation for transportation provided to medicaid-eligible individuals.

The participation of state agencies in the brokered transportation program established by this section shall be implemented in two stages. Agencies already using brokered transportation services shall participate pursuant to the provisions of this section on January first, nineteen hundred and ninety-one. Agencies, or divisions, regional offices, and facilities of said agencies not participating in said programs by said date shall commence such participation pursuant to the provisions of this section not later than May first, nineteen hundred and ninety-three.

By January first, nineteen hundred and ninety-three, each such authority shall forward a plan to the secretary of the executive office of transportation and construction, hereinafter the secretary, that describes the program implementation model for its region. Said plan shall include, but not be limited to, detailed descriptions of the transportation services to be used, proposals for implementing mobility training and facilitated transportation, and projected costs and savings for brokered services provided to individuals served by said agencies. To the extent each said authority has planning funds available from the state and federal governments, said funds shall be used for the planning and implementation of said program.

Authorities already offering brokered transportation services to state agencies shall offer said services pursuant to the provisions of this section on January first, nineteen hundred and ninety-three. Each such authority not providing such services to a state agency, or division, regional office or facility thereof, shall make such services available to said agency or division, regional office or facility thereof, on said date, provided that said agency commences participation in said program not later than May first, nineteen hundred and ninety-three.

The secretary shall establish a working committee consisting of administrators from three such authorities, transportation personnel from three such state agencies and an employee to be designated by the secretary of health and human services. Said committee shall advise the secretary of transportation and construction on the implementation and effective transfer of state agency transportation services and funding to the brokered transportation program.

Not later than February first, nineteen hundred and ninety-three, the secretary shall identify any region not covered by said program and develop a remedial plan of service coverage. Said secretary shall further report to the secretary of health and human services, any state agency, or regional office, facility or division of any state agency, not participating in said program. The secretary shall take all necessary action to ensure the complete coverage of all regions by said date.

The secretary of administration and finance, in consultation with the secretary of transportation and construction, shall establish a reserve account and shall transfer to said account an amount sufficient to fund the participation of each state agency in said program on January first, nineteen hundred and ninety-three; provided, said funds may be transferred later, upon the date an agency, or regional office, facility or division of an agency commences participation in said program; provided that no such transfer shall be required prior to January first, nineteen hundred ninety-three for agencies not already participating in said program; and provided further, that amounts transferred to said reserve account shall not exceed forty million dollars.

Each authority shall establish a billing and accounting system capable of identifying federally reimbursable transportation services. Said state agencies are hereby authorized and directed to fully assist and cooperate with said authorities in: (1) identifying the transportation needs of individuals served by the agency; (2) making arrangements for the transfer of transportation responsibilities to said authorities; (3) assuring that existing vehicles operated by said agencies on behalf of individuals are made available, where feasible, to said authorities for the purposes of this section, provided that the reasonable costs of maintaining and operating such vehicles are reimbursed as necessary; (4) amending, as necessary, the regulations, policies and procedures of the agency as necessary to meet the purposes of this section; (5) and adjusting, as necessary, rates of payment to providers whose transportation responsibilities have been transferred to said brokered transportation program. The secretary of health and human services shall take all measures necessary to assure the full assistance and cooperation of each such agency in meeting the purposes of this section. Said secretary shall further identify the administrative and operating costs of transportation programs maintained by said agencies for the purpose of maximizing personnel and operating efficiencies.

Nothing in this section shall be construed to extend said brokered transportation program to students served by state agencies pursuant to chapter seventy-one B of the General Laws and to school bus transportation.

SECTION 56. Section four hundred and forty-six of said chapter one hundred and thirty-three is hereby repealed.

SECTION 57. Said chapter 133 is hereby further amended by inserting after section 598 the following section:-

Section 598A. Sections five hundred and sixty-four, five hundred and sixty-five and five hundred and sixty-six of this act shall take effect as of July twentieth, nineteen hundred and ninety-two. Sections two hundred and fifty-seven, two hundred and fifty-eight and two hundred and sixty-two shall take effect on January first, nineteen hundred and ninety-three.

SECTION 58. Notwithstanding the provisions of section three B of section seven of the General Laws, the secretary for administration and finance shall increase the fee charged on licenses issued, other than licenses limited to life or accident and health insurance, pursuant to section one hundred and sixty-three of chapter one hundred and seventy-five from fifty dollars annually to seventy-five dollars annually.

SECTION 59. Notwithstanding any general or special law to the contrary, for the purpose of determining assistance under the medical assistance program pursuant to chapter one hundred and eighteen E of the General Laws for nursing facility services, the regulations, criteria and standards for determining admission to and continued stay in a nursing home shall not be more restrictive than those regulations, criteria and standards in effect on January first, nineteen hundred and ninety-two.

SECTION 60. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized to transfer from the following items such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and ninety-two, to those of the following items which would otherwise have insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however, that each amount transferred shall be charged to such funds as specified in the item to which said amount is transferred: 0699-0090, 0699-0100, 0699-1901, 0699-1902, 0699-1903, 0699-3901, 0699-3902, 0699-3903, 0699-6800, 0699-6801, 0699-6900, 0699-8300, 0699-8301, 0699-8302, 0699-9100, 0699-9200.

SECTION 61. Notwithstanding the provisions of any general or special law to the contrary, the pension reserves investment management board shall report by subsidiary and object code all expenditures from any budgetary, federal or non-appropriated fund on the Massachusetts Management Accounting and Reporting System, so-called, beginning July first, nineteen hundred and ninety-two. This reporting requirement shall not otherwise affect the budgetary and financial controls and procedures in effect for said board prior to the effective date of this section. The comptroller shall report to the house and senate committees on ways and means, no later than September first, nineteen hundred and ninety-two, whether said board is in compliance with this section.

SECTION 62. Notwithstanding the provisions of any general or special law to the contrary, the pension reserves investment management board is hereby authorized and directed to report all personnel information for those employees compensated from any budgetary, federal or non-appropriated fund through the Personnel Administrative Reporting and Information System, so-called, no later than September first, nineteen hundred and ninety-two. This reporting requirement shall not otherwise affect the budgetary and financial controls and procedures in effect for said board prior to the effective date of this section. The secretary of administration and finance shall report to the house and senate committees on ways and means, no later than September twenty-first, nineteen hundred and ninety-two, whether said board is in compliance with this section.

SECTION 63. Notwithstanding the provisions of section nineteen A of chapter seventy-eight of the General Laws or any other general or special law to the contrary, the board of library commissioners shall, in addition to any other waivers granted under any other provisions of law, grant in fiscal year nineteen hundred and ninety-three, fiscal year nineteen hundred and ninety-four, and fiscal year nineteen hundred and ninety-five a waiver of the requirements of said section nineteen A to any community which is under receivership.

SECTION 64. Notwithstanding the provisions of section two of chapter one hundred and sixty-seven of the General Laws and section three B of chapter seven of the General Laws, as most recently amended by the general appropriation act for the fiscal year ending June thirtieth, nineteen hundred and ninety-three to the contrary, the secretary for administration and finance is hereby authorized and directed to raise the per diem fee by twenty-five dollars for the annual examination or audit of banks under the supervision of the commissioner of banks.

SECTION 65. The treasurer is hereby authorized and directed to expend the sum of five hundred thousand dollars, as appropriated in item 0611-5010 of section two of this act, to purchase an annuity in the name of Bobby Joe Leaster for the purpose of discharging a moral obligation of the commonwealth to said Bobby Joe Leaster for having convicted him of a murder committed in the city of Boston in the year nineteen hundred and seventy and having imprisoned him from June, nineteen hundred and seventy-one, to the third day of November, nineteen hundred and eighty-six, a period of time in excess of fifteen years, at which time he was released, his said conviction having been vacated on the basis of newly discovered evidence establishing his innocence of said murder, subsequent to which, prosecution was dismissed at the request of the commonwealth on the twenty-sixth day of December, nineteen hundred and eighty-six.

SECTION 66. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, a determination to site a railroad station or stop in the town of Ashland or Southborough shall not result in any reduction in additional assistance funds, so-called, distributed by the commonwealth to said town of Ashland or Southborough or in any other allocation to said town of Ashland or Southborough as shown on the cherry sheets, so-called.

SECTION 67. Notwithstanding the provisions of any general or special law to the contrary, the Highway Fund shall be reimbursed for any transfers of monies to any other fund to cover deficiencies for the fiscal year ending June thirtieth, nineteen hundred and ninety-two; provided, however that said reimbursement shall be available for expenditure from the Highway Fund by the close of the third quarter of fiscal year nineteen hundred and ninety-three.

SECTION 68. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental management is hereby authorized and directed to undertake a full rehabilitation of the Fort Meadow Dam in the city of Marlboro during the fiscal year nineteen hundred and ninety-three.

SECTION 69. Notwithstanding the provisions of any general or special law to the contrary and for the purpose of promoting the public good, Robert W. Donegan, an employee of the rehabilitation commission shall be deemed to have ten years of creditable service as of June thirtieth, nineteen hundred and ninety-two, for the purpose of determining his retirement allowance and shall otherwise be eligible to receive a superannuation allowance pursuant to section five of chapter thirty-two of the General Laws as of said June thirtieth, nineteen hundred and ninety-two. Said Robert W. Donegan shall be credited with an additional five years of creditable service on July first, nineteen hundred and ninety-two and shall be allowed to retire pursuant to the provisions of chapter twenty-two of the acts of nineteen hundred and ninety-two on said July first, nineteen hundred and ninety-two. The state board of retirement is hereby authorized and directed to grant said Robert W. Donegan his superannuation retirement allowance pursuant to said chapter twenty-two of the acts of nineteen hundred and ninety-two.

SECTION 70. For hospital fiscal year nineteen hundred and ninety-three, the uncompensated care liability of purchasers and third party payers to the uncompensated care pool established pursuant to section seventeen of chapter one hundred and eighteen F of the General Laws and derived from the uncompensated care fee assessed by acute hospitals on all accounts charged to purchasers and third party payers exclusive of Titles XVIII and XIX and publicly-aided patients shall not exceed three hundred and fifteen million dollars. For state fiscal year nineteen hundred and ninety-three, 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 match the costs of said pool for disproportionate share hospitals shall be deposited into said pool.

SECTION 71. The budget submitted by the governor to the general court pursuant to section seven H of chapter twenty-nine of the General Laws and each general appropriation act shall contain sections one A and one B, hereinafter known as the revenue budget. The revenue budget shall be organized to show revenues expected to be available to fund appropriations in sections two, two B, and two C, and any other direct appropriation in any budget act. Section one A shall list all revenue by source and budgetary fund, including separate amounts for each tax of the commonwealth and totals by budgetary fund. The budgetary fund listing shall be limited to the General Fund, the Highway Fund, the Local Aid Fund, and all other budgetary funds combined. Section one B shall list all non-tax revenues of the commonwealth, both restricted and non-restricted, by department, board, commission, office or agency. The revenue budget shall show significant components of revenue including but not limited to taxes, federal reimbursements, departmental revenues, restricted or retained revenues, and interfund transfers. The comptroller shall keep a distinct account of actual receipts in the same form as sections one A and one B as enacted, shall 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 in said sections one A and one B, and shall be restated for the completed fiscal year in the annual report required pursuant to section thirteen of chapter seven A; 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 sections one A and one B.

SECTION 72. Notwithstanding the provisions of section 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 chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two, shall be distributed in fiscal year nineteen hundred and ninety-three proportionally to the fiscal year nineteen hundred and ninety-two distribution of said Highway Fund reimbursements.

SECTION 73. Notwithstanding the provisions of section five of chapter seventy A of the General Laws, for the fiscal year nineteen hundred and ninety-three, no city or town shall be ineligible for an equal educational opportunity grant by reason of its failure to meet the requirements of said section five if the city or town meets the conditions set forth in this section for a waiver of such requirements; provided, the commissioner of revenue may limit the amount by which expenditures of a city or town granted a waiver pursuant to this section are permitted to fail to meet the requirements of said section five. The conditions for a waiver shall be as follows: (1) the commissioner of revenue determines that a financial emergency is likely to exist in the city or town in fiscal year nineteen hundred and ninety-three, and (2) the city or town implements any management improvement required by the commissioner of revenue as a condition of such waiver. Said commissioner is authorized to adopt rules and regulations as necessary to implement the provisions of this section.

SECTION 74. Notwithstanding any general or special law to the contrary, the county of Dukes County may, for a period of thirty days beginning on the effective date of this act, pay past-due bills arising from the purchase by said county of goods and services during fiscal year nineteen hundred and ninety-one; provided, however, that the total amount of past-due bills paid pursuant to this section shall not exceed eighty-two thousand five hundred dollars.

SECTION 75. The department of environmental management shall make available funds for the Hardy Pond dredging project in the city of Waltham during the fiscal year ending June thirtieth, nineteen hundred and ninety-three.

SECTION 76. The commissioner of the department of environmental management is hereby authorized and directed to expend a sum not exceeding seven hundred and fifty thousand dollars for the rehabilitation and repair of the Lake Shirley dam in the town of Lunenburg.

SECTION 77. Notwithstanding the provisions of any general or special law to the contrary, there shall be two assistant clerks in the district court of Holyoke.

SECTION 78. Notwithstanding any special or general law to the contrary, coverage provided to an eligible small business through an association group policy, as such terms are defined in chapter one hundred and seventy-six J of the General Laws, shall be exempt from the requirements of said chapter one hundred and seventy-six J, provided the membership in the association is voluntary, the association's members are engaged in the financial services industry, with at least one deposit taking facility per member or are engaged in providing services primarily to deposit taking facilities, and the association's membership includes both employers with over twenty-five eligible employees and employers with under twenty-five eligible employees. Any carrier that provides coverage to an eligible small business through an association group policy which is exempt from said chapter one hundred and seventy-six J pursuant to this section shall file with the commissioner no later than October first, nineteen hundred and ninety-two, a statement by an officer of the carrier which certifies the following information:

(1) the carrier has reviewed the association's constitution and by-laws or other governing documents analogous thereto;

(2) the association has been formed in good faith for purposes other than that of obtaining insurance for its association members and employees;

(3) the association through which the group policy is issued has been in active existence for at least one year prior to April first, nineteen hundred and ninety-two; and,

(4) a minimum of one hundred persons are eligible for coverage under the group policy as of its original issue date.

SECTION 79. Notwithstanding any general or special law to the contrary, the Fitchburg Regional Transit Authority may exceed by the sum of twenty-four thousand dollars the one hundred and five percent limit in annual growth for fiscal year nineteen hundred and ninety-three imposed by line-item 6005-0015 of section two of chapter one hundred and thirty-three of the acts of nineteen hundred and ninety-two, in order that a state match may be secured for service to the town of Athol in the amount up to the aforementioned twenty-four thousand dollars.

SECTION 80. Notwithstanding the provisions of any general or special law to the contrary, the department of highways is hereby authorized and directed to design and construct by September first, nineteen hundred and ninety-two necessary traffic signals at the intersection of Bushee Road, Route 6 and Old Fall River Road in the town of Swansea.

SECTION 81. The department of highways is hereby authorized and directed to expend the sum of three hundred fifteen thousand dollars to install signals and make improvements to the intersection of Route 40, Groton road and Tyngsboro road in the town of Westford from monies appropriated under the authority of chapter ninety of the General Laws.

SECTION 82. The office of the chief administrative justice of the trial court of the commonwealth in conjunction with the division of capital planning and operations is hereby authorized and directed to conduct a study to determine the feasibility of constructing a new court house facility for the district court of western Hampden county. Said study shall also document the cost-effectiveness of the continued rental of said facility. Said study shall be concluded no later than March thirty-first, nineteen hundred and ninety-three.

SECTION 83. Section thirty-two of this act shall take effect as of July first, nineteen hundred and ninety-one. Section thirty-three of this act shall take effect as of July first, nineteen hundred and ninety-two. Notwithstanding any other general or special law to the contrary, the Massachusetts Water Resources Authority is hereby authorized and directed to pay, as of September thirtieth, nineteen hundred and ninety-two, any obligation due for the fiscal year ending June thirtieth, nineteen hundred and ninety-one under the authority of section eleven A of chapter three hundred and seventy-two of the acts of nineteen hundred and eighty-four.

SECTION 84. Section twenty-six of this act shall take effect on November first, nineteen hundred and ninety-two.

SECTION 85. Sections thirty-five to forty-two of this act shall take effect as of July first, nineteen hundred and ninety-one. Except as otherwise specifically provided, the remainder of this act shall take effect upon its passage.