Local Aid DistributionSECTION 3. Notwithstanding the provisions of any general or special law to the contrary, except for section 12B of chapter 76 of the General Laws, as amended, and section 89 of chapter 71 of the General Laws, as amended, for the fiscal year ending June 30, 2004, the lottery distribution to cities and towns shall be $418,997,648 and shall be apportioned to the cities and towns in accordance with this section.
Notwithstanding the provisions of any general or special law to the contrary, except for section 12B of chapter 76 of the General Laws, as amended, and section 89 of chapter 71 of the General Laws, as amended, the total amounts to be distributed and paid to each city and town from items 0611-5510, 7061-0008, and 0611-5802 of section 2 of this act shall be as set forth in the following list; provided, that the specified amounts to be distributed from said item 7061-0008 are hereby deemed to be in full satisfaction of the amounts due under the provisions of chapter 70 of the General Laws, as amended. Specified amounts to be distributed from said item 0611-5802 shall be one-time transitional payments to cities and towns to mitigate the effects of reductions in state aid. No payments to cities and towns pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until he receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section 43 of chapter 44 of the General Laws.
Notwithstanding the provisions of any general or special law to the contrary, amounts distributed from item 7061-0008 to cities and towns pursuant to this section shall include the city or town's state aid under the provisions of Chapter 70 for students attending regional school districts. The amounts listed in this section for regional school districts shall not be in addition to total municipal aid included in this section but shall reflect the total amount of state aid owed to regional school districts from cities and towns participating in the regional school district pursuant to the provisions of Chapter 70, as amended.
Section 116C 1/2. The criminal justice training council shall charge a fee for training programs operated by the council for all persons who begin training on or after July 1, 2002. The amount of said fee shall be established pursuant to section 3B of chapter 7. Said fee shall be retained and expended by said council subject to appropriation. The trainee, or, if the trainee is a recruit, the municipality in which the recruit shall serve, shall provide said fee in full to the council no later than the first day of orientation for the program in which such trainee or recruit has enrolled. No recruit or person shall begin training unless said municipality or said person has provided said fee in full to said council. For recruits of municipalities, upon the completion of said program, the municipality shall deduct said fee from said recruit's wages in 23 equal monthly installments, unless otherwise negotiated between said recruit and the municipality in which said recruit shall serve. If a recruit withdraws from the training program before graduation, said council shall refund the municipality in which the recruit was to have served a portion of said fee according to the following schedule: if a recruit withdraws from said program before the start of week two, 75 per cent of said payment shall be refunded; if a recruit withdraws from said program after the start of week two but before the start of week three, 50 per cent of said fee shall be refunded; if a recruit withdraws from said program after the start of week three but before the start of week four, 25 per cent of said fee shall be refunded; if a recruit withdraws after the start of week four, the fee shall not be refunded. A recruit who withdraws from said program shall pay the municipality in which he was to have served the difference between said fee and the amount forfeited by said municipality according to said schedule. Said schedule shall also apply to trainees other than recruits who enroll in said program. No expenditures shall be charged to item 8200-0222 of section 2 of this act that are related to chief, veteran, in-service, or reserve training, or any training not directly related to new recruits
The fee for each identification card issued by the commission shall be no less than $15. Said card shall be valid for five years and then may be renewed for a fee of no less than $15. In the event of a lost or stolen card, the commission may issue a duplicate card for a fee of no less than $10. No fee shall be collected from a person registered with the commission who is receiving supplemental security income pursuant to title XVI of the federal Social Security Act, 42 U.S.C. §1381 et seq. The commission shall determine said fees annually by regulation.
The commission may issue a certificate of blindness to certify that a resident of the Commonwealth is legally blind as defined herein. The commission shall charge a fee of no less than $10 for each certificate of blindness that it issues. No fee shall be collected from a person registered with the commission who is receiving supplemental security income pursuant to Title XVI of the federal Social Security Act, 42 U.S.C. §1381 et seq. The commission shall determine said fee annually by regulation.
Section 172A. The criminal history systems board shall assess a fee of $25 for each request for criminal offender record information; provided, however, that such fees shall not be assessed for such requests from a victim of crime, witness, or family member of a homicide victim, all as defined by section 1 of chapter 258B, from a governmental agency, or from such other person or group of persons as the board shall exempt. The criminal history systems board shall assess a fee of $10 for each request for criminal offender record information from an individual seeking to obtain criminal offender record information pertaining to himself. All such fees shall be deposited in the general fund.
The commissioner, in consultation with secretaries of the executive offices, or the chief justice of the administrative office of the trial court in consultation with the chief justice of the supreme judicial court, and subject to the written approval of the secretary of administration and finance may, with the exception of the state house, transfer use of state real property and facilities between state agencies including, without limitation, to the department of capital assets and the judiciary.
Section 19. The comptroller shall act to prevent and detect fraud, waste and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the sections, departments, offices, commissions, institutions, and activities of the commonwealth, including those districts, authorities, instrumentalities or political subdivisions created by the general court and including cities and towns.
Section 20. The comptroller may supervise, coordinate, and conduct audits and investigations when necessary, relating to programs and operations described in section 19. He shall review legislation and regulations relating to programs and operations described in said section 19 herein and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste or abuse. The person in charge of, or the governing body of any public body described in said section 19, may request the assistance of the comptroller with respect to implementation of any suggested policy. In that event the comptroller may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision or coordination of relationships between state and county agencies and other state and local government agencies and federal agencies and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste and abuse in or relating to programs and activities described in said section 19 herein.
Section 21. (a) The comptroller may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste and abuse in or relating to programs and operations described in section 19 herein.
(b) The comptroller shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without written consent of said employee, unless the comptroller determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the employee shall be notified in writing at least seven days prior to such disclosure.
(c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employees as a reprisal for making a complaint or disclosing information to the comptroller, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard of its truth or falsity.
Section 22. In carrying out his duties and responsibilities, the comptroller shall report to the attorney general, the United States Attorney, or both, whenever the comptroller has reasonable grounds to believe there has been a violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.
The comptroller shall refer audit or investigative findings to the state ethics commission, or to any other federal, state, or local agency that has an interest in said findings. Any referrals made under this section shall not be made public.
In any case where the comptroller has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may retain the matter for further investigation, or may remand the matter to the comptroller for further investigation.
Section 31.There shall be in the department of the secretary of state a state library. Employees of the state library shall not be members of a collective bargaining unit and shall not be subject to the provisions of section 9A of chapter 30.
Section 31A. The state secretary shall appoint a librarian of the state library, who shall hold office at the pleasure of the state secretary. The position of librarian shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46 of said chapter 30. The librarian shall be responsible for the management and control of the state library and of the moneys appropriated therefor. He may sell or otherwise dispose of such books belonging to the library as he deems unsuitable for its purposes, and may deposit any duplicate volumes for safe keeping and use in any town, city or college library in the commonwealth, upon such terms and conditions as he shall prescribe. He may make and enforce rules for the use of the library, and shall see that its rooms are properly prepared for the accommodation of persons permitted to use them.
Section 31B. The state library may expend such sums annually as the general court may appropriate for permanent assistants and clerks, for books, maps, papers, periodicals and other material for the library and for binding the same and for incidental expenses including binding their report. All accounts for the maintenance of the state library shall be approved by the librarian or his designee.
Section 31C. The librarian of the state library shall keep records of its doings, and shall make an annual report thereof, with a list of books, maps and charts lost, missing or acquired during the preceding fiscal year, specifying those obtained by exchange, gift or purchase, and such suggestions for the improvement of the library as he may deem proper.
Section 31D. The state library may receive in trust for the commonwealth any gift or bequest of money or securities for any purpose incident to the uses of the state library, and shall forthwith transfer any money or securities so received to the state treasurer, who shall administer the same as provided by section 16 of chapter 10.
Section 31E. The state library shall be in the state house, and shall be kept open every day except Saturday, Sunday and legal holidays for the use of the governor, lieutenant governor, council, general court and such officers of the government and other persons as may be permitted to use it.
Section 31F. As used in sections 31G to 31H, inclusive, the following words shall have the following meanings, unless the context otherwise requires:-
"Agency", each agency, office, state-supported institution of higher education, department, authority, executive office, bureau, officer, board, committee, task force, commission, special commission, division, executive office of the commonwealth, whether permanent or temporary in nature, including any state agency supported wholly or in part by public funds.
"Publication", any document, study, rule, regulation, report, directory, pamphlet, brochure, periodical, newsletter, bibliography, microphotographic form, tape or disc recording, annual, biennial or special report, statistical compendium, or other printed material regardless of its format or manner of duplication, issued in the name of or at the request of any agency of the commonwealth or produced and issued as part of a contract entered into by any agency of the commonwealth regardless of the source of funding, provided they constitute "public records" as defined in clause Twenty-sixth of section 7 of chapter 4, excepting correspondence, blank forms, and university press publications.
"Regional public libraries", those libraries as defined in section 30E of this chapter. These definitions shall not include any records of the general court.
Section 31G. (1) In order that all state publications of the commonwealth are preserved and made available for the use of citizens of the state, the state library is hereby designated as the depository library for Massachusetts state publications.
(2) The state library shall maintain a complete collection of Massachusetts state publications, both current and historic.
(3) A depository library system, providing for the distribution of state documents to the Library of Congress and to each of the regional public libraries in the state shall be established and maintained by the state library.
Section 31H. Each state agency shall furnish the state library eight copies of its publications. Said copies shall be forwarded to the state library no later than five working days after they are received from the printer or contractor. The state library shall make three copies available for public consultation in the library and for permanent historic preservation by the library. The others shall be provided to the Library of Congress and to each of the state's regional public libraries.
The Treasurer shall prepare and submit to the house and senate committees on ways and means on or before the last day of August, November, February, and May, official cash flow projections for the current fiscal year and for the fiscal quarters beginning October 1, January 1, April 1, and July 1, respectively.
section 35D of chapter 10;
section 35G of chapter 10;
section 35H of chapter 10;
section 35J of chapter 10;
section 35L of chapter 10;
section 35Q of chapter 10;
section 42 of chapter 10;
section 49 of chapter 10;
section 51 of chapter 10;
section 59 of chapter 10;
section 23 of chapter 16;
section 6I of chapter 21;
section 17F of chapter 21;
section 5A of chapter 28A;
section 2C 1/2 of chapter 29;
section 2J of chapter 29;
section 2K of chapter 29;
section 2P of chapter 29;
section 2P 1/2 of chapter 29;
section 2R of chapter 29;
section 2S of chapter 29;
section 2T of chapter 29;
section 2U of chapter 29;
section 2Y of chapter 29;
section 2AA of chapter 29;
section 2CC of chapter 29;
section 2FF of chapter 29;
section 2GG of chapter 29;
section 2II of chapter 29;
section 2KK of chapter 29;
section 2LL of chapter 29;
section 2MM of chapter 29;
section 2NN of chapter 29;
section 2OO of chapter 29;
section 2RR of chapter 29;
section 2SS of chapter 29;
section 2UU of chapter 29;
section 2VV of chapter 29;
section 2WW of chapter 29;
section 2XX of chapter 29;
section 2YY of chapter 29;
section 2EEE of chapter 29, as inserted by section 9 of chapter 236 of the acts of 2002,
section 10A1/2 of chapter 91;
section 14 of chapter 93;
section 323F of chapter 94;
section 2 of chapter 119A;
section 2B of chapter 130;
section 2 of chapter 131;
section 10 of chapter 132A; and
section 6 of chapter 161D.
(c) Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health by additional amount not to exceed 50 per cent, rounded to the nearest dollar, of the fees in effect prior to the fee increases authorized pursuant to subsection (b), provided that, the fees for any board that have not increased fees pursuant to subsection (b) shall be increased by an amount not to exceed 100 per cent. Amounts collected, as the result of the fee increases required by this subsection, shall be credited to the fund established in subsection (a).
Section 9C: Notwithstanding the provisions of any general or special law to the contrary, all tuition and fees received by a board of trustees of a public college or university shall be retained by the board of trustees of each institution in a revolving trust fund or funds and shall be expended as the board of the institution may direct. Any balance in the trust funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the general fund.
(8) Eligibility for scholarships awarded in fiscal year 2004 and thereafter shall include a standard of income eligibility determined by the Board of Higher Education to prioritize the most financially needy students.
(D) The department shall administer a program of temporary emergency shelter for needy families with children and pregnant women with no other children when the family or pregnant woman has no feasible alternative housing available. The department is authorized to enter contracts with organizations to assist homeless families and pregnant women locate permanent housing. Benefits under this program shall be provided only to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing under color of law in the United States and shall not be provided to illegal or undocumented aliens.
SECTION 4A. The department shall be authorized to charge fees for training services it provides to persons or entities outside the department. In establishing a schedule of fees, the department may take into consideration the ability of the persons or entities requesting training services to pay.
Section 3A. There shall be a surcharge on fees assessed by the division of occupational safety within the department of labor and workforce development for the licensure, registration or certification of certain professionals, and on fees assessed for the renewal or duplication of such licenses, registrations or certifications, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform deleading services; a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform deleading services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement analytical services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement training; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide deleading training; and a $50 annual surcharge to those persons licensed or registered to operate an employment agency as defined by section 46A of chapter 140.
Section 2GGG. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Non-Budgeted Governmental Fund. The fund shall be used to properly account for non-budgeted revenue accounts used for governmental purposes as determined by the comptroller in accordance with Generally Accepted Accounting Principles. Revenues may be retained and expended without further appropriation. The comptroller may approve encumbrances and authorize departments to incur obligations in anticipation of expected receipts. Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the general fund. No expenditures from said fund shall be authorized that would cause said fund to be in deficit at the end of any fiscal year. Furthermore, the comptroller shall have discretion to include in this fund the balances and activities of accounts previously authorized by special or general law and reported in funds other than budgeted funds that have a governmental nature as determined by the comptroller in accordance with Generally Accepted Accounting Principles.
The following subsections describe certain internal governmental services for which the actual costs of providing the identified services, which may include, but shall not be limited to personnel costs, administrative expenses, materials and contract services, shall be charged to state agencies using these services, and revenues may be retained and expended by the agency providing the service without further appropriation for the purposes of funding these services:
(a) The department of capital assets may charge other agencies reimbursement for overtime expenses, materials and contract services purchased in performing renovation and related services for agencies occupying state buildings or for services rendered to approved entities utilizing state facilities.
(b) The department of capital assets may charge the division of employment and training, or other agency occupying the Hurley state office building for the costs of operation and maintenance of the space.
(c) The comptroller may charge departments' current fiscal year appropriations for the payment of prior year deficiencies and transfer amounts equivalent to the amounts of any prior year deficiency, so-called, subject to the conditions stated herein. The comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains. No chargeback shall be made which would cause a deficiency in any current fiscal year item of appropriation. The comptroller shall report on a quarterly basis to the house and senate committees on ways and means all chargebacks assessed, including the amount of the chargeback, the item of appropriation, subsidiary charged and the reason for the prior year deficiency.
(d) The comptroller may charge state agencies for the cost of the commonwealth's employer contributions to the Unemployment Compensation Fund and the Medical Security Trust Fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of such contributions. In executing these responsibilities the state comptroller may charge, in addition to individual appropriation accounts, certain non-appropriated funds in amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense or related charges.
(e) The department of information technology may charge user agencies for the costs of postage, including but not limited to the purchase, delivery, handling of and contracting for supplies, postage fees and related equipment and other incidental expenses.
(f) The department of environment may charge user agencies for the costs of operating the department's telecommunications system; provided, that nothing in this clause shall diminish or impair the rights of access or utilization of all current users of the system pursuant to agreements which have been entered into with the department.
(g) The department of environment may charge user state agencies for the costs of purchasing fuel, oil and other associated products.
(h) The department of transportation may charge user state agencies for the costs of the purchase of bulk fuel for certain vehicles under the authority of the operational services division and the cost of purchased fuel for other state agencies and for certain administrative expenses related to purchasing and distributing the fuel.
(i) The department of state police may charge for the costs of overtime associated with requested police details; provided, that for the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the department of state police may incur expenses and the comptroller may certify for payment amounts not to exceed the most recent revenue estimate therefore as reported in the state accounting system.
(j) The department of state police may charge user agencies for the costs of operating the department's telecommunications system; provided, that nothing in this section shall diminish or impair the rights of access or utilization of all current users of the system pursuant to agreements which have been entered into with the department.
(c) The comptroller shall promptly certify to the executive office of administration and finance, the house and senate committees on way and means, the joint committee on health care and the advisory committee on health care and tobacco control established pursuant to section 5, the amount and date when any payments are made pursuant to the master settlement agreement in the tobacco action and any other payments are made or credited to said fund. The comptroller shall transfer the total amount of payments from the master settlement agreement from the Health Care Security Trust Fund to the General Fund not later than 15 days after the certification of said payments.
Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in his custody, and who as a result of such injury would be entitled to benefits under sections 34 and 34A of said chapter 152 shall be paid the difference between his regular salary and the weekly cash benefits to which he would be entitled under said chapter 152; or, under chapter 152, section 35, shall be paid the difference between his regular salary and the sum of the weekly cash benefits to which he would be entitled under said chapter 152 and an assigned or agreed upon earning capacity. Employees who are separated from employment by way of resignation or retirement shall not be entitled to payments under this section.
Section 1. In this chapter, the following words and phrases shall have the following meanings, unless the context requires otherwise:-
"Administrator'', the personnel administrator of the department of human resources within the executive office for administration and finance.
"Appointing authority'', any person, board or commission with power to appoint or employ public safety personnel.
"Civil service law'', this chapter.
"Civil service law and rules'', this chapter and the rules promulgated pursuant to this chapter.
"Department'' or "division'', the department of human resources within the executive office for administration and finance.
"Disabled veteran'', any veteran, as defined in this section, who (1) has a continuing service-incurred disability of not less than 10 per cent based on wartime service for which he is receiving or entitled to receive compensation from the veterans administration or, provided that such disability is a permanent physical disability, for which he has been retired from any branch of the armed forces and is receiving or is entitled to receive a retirement allowance, or (2) has a continuing service-incurred disability based on wartime service for which he is receiving or is entitled to receive a statutory award from the veterans administration.
"Entrance requirements'', the prerequisites which an applicant must satisfy to be qualified for appointment to a public safety position.
"Entry level'', a public safety position having a title which is the lowest in a series of titles in a municipal or in the state classification plan, whether or not higher titles in same job series exist in the same department.
"Hiring list'', a list established by the administrator, pursuant to the civil service law and rules, of persons who have passed a competitive examination for a public service position.
"Public Safety Positions", municipal police officers and firefighters, environmental police officers, Massachusetts Bay Transportation Authority police, parole officers and correction officers.
"Requisition'', a request by an appointing authority to the administrator for a hiring list of persons who have passed a competitive examination for a public safety position.
"Rules'', the rules promulgated by the personnel administrator pursuant to this chapter.
"Title'', a descriptive name applied to a position or to a group of positions having similar duties and the same general level of responsibility.
"Veteran'', any person who:
(1) comes within the definition of a veteran appearing in the forty-third clause of section 7 of chapter 4; or,
(2) comes within such definition except that instead of having performed ""wartime service'' as defined therein, he has been awarded the Congressional Medal of Honor or one of the following campaign badges: Second Nicaraguan Campaign, Yangtze Service, Navy Occupation Service, Army of Occupation or Medal for Humane Action; or,
(3) is a person eligible to receive the Congressional Medal of Honor or one of the campaign badges enumerated in clause (2) of this paragraph and who presents proof of such eligibility which is satisfactory to the administrator.
A veteran shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States.
"Wartime service'', the same meaning as specified in the forty-third clause of section 7 of chapter 4, or active service in the armed forces of the United States in any campaign for which an award was made of any of the campaign badges enumerated in the definition of "veteran'' in this section.
Section 2. The administrator shall make and amend rules which shall regulate the development and administration of competitive examinations for public safety personnel. Such rules and regulations shall include provisions for the following:
(a) Open competitive and other examinations to test the practical fitness of applicants.
(b) Examination fees.
(c) Scoring and ranking of persons for positions in accordance with the results of examinations.
(d) Passing requirements for examinations.
(e) Credit for education and/or experience.
(f) Preference points to veterans.
(g) Preference points to the sons and daughters of firefighters and police officers killed in the line of duty.
(h) Development of recruitment programs.
Section 3. In addition to the administrator's powers and duties under this chapter, chapter 7 and chapter 30, the administrator shall have the following powers and duties:
(a) To administer, enforce and comply with the civil service law and rules.
(b) To evaluate the qualifications of applicants for public safety examinations.
(c) To develop and conduct competitive examinations for purposes of establishing hiring lists for public safety personnel.
(d) To maintain records of examinations which have been conducted and hiring lists which have been established.
(e) To establish a recruitment program to recruit applicants for public safety examinations.
(f) To establish a schedule of fees to be collected from applicants taking entry level and promotional competitive civil service merit examinations.
Section 4. An appointing authority desiring to make an appointment to a public safety position may submit a requisition to the administrator. Upon receipt of such requisition, the administrator shall provide the appointing authority with a hiring list of persons who have passed a competitive examination for the position.
Section 5. Examinations shall be conducted under the direction of the administrator, who shall determine their form, method and subject matter. Examinations shall fairly test the knowledge, skills and abilities which can be practically and reliably measured and which are actually required to perform the primary or dominant duties of the public safety position for which the examination is held. The administrator shall, in development of examinations, consult with professionals in the field to increase emphasis upon aptitudes relevant to performing the positions to be tested. Upon the application of a disabled person to take an examination for any position, the administrator, upon written request of such person, shall make reasonable accommodations as will enable such disabled person to take the examination.
In any competitive examination, an applicant shall be given credit for education and/or experience in the position for which the examination is held. In any examination, the applicant shall be allowed sevendays after the date of such examination to file with the administrator an education and experience sheet and to receive credit for such education and experience as of the time designated by the administrator.
Section 6. The administrator shall prepare notices of all examinations and shall send such notices to the appointing authorities of those cities and towns where persons are domiciled that may be eligible to apply to take such examinations. The appointing authorities shall cause such notices to be posted in the city and town halls and in other conspicuous places for at least three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, as directed by the administrator. The appointing authorities of such cities and towns shall submit a report to the administrator certifying that all such notices have been posted pursuant to the requirements of this section. The administrator shall determine when such report shall be submitted and the specific information it shall contain concerning the time and place of posting of notices.
Each notice required by this section shall state the duties and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, if any, and any other information which the administrator determines should be included because of its relevancy and usefulness.
Section 7. The administrator shall prepare a notice of each competitive examination to be held for a promotional appointment for a public safety position. Each notice required by this section shall state the duties and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, and any other information which the administrator determines should be included because of its relevancy and usefulness.
Section 8. Each application for examination pursuant to the civil service law and rules shall be made under the penalties of perjury and shall contain requests for such information, as the administrator deems necessary. Each such application for a competitive examination shall include a fee subject to the rules adopted pursuant to section two of this chapter.
Section 9. The administrator shall determine the passing requirements of examinations.
Section 10. The administrator shall establish, maintain and revise hiring lists of persons who have passed each examination for appointment to a public safety position. The names of such persons shall be arranged on such list in the order of their marks on the examination. Each hiring list shall be established or revised as soon as such marks are determined by the administrator. The administrator shall make all hiring lists available for public inspection.
Section 11. The names of persons who pass examinations for appointment to any public safety position shall be placed on hiring lists in the order of their respective standings. Upon receipt of a requisition, names shall be sent from such lists according to the methods prescribed by the rules established under section 2 of this chapter.
Notwithstanding any other provisions of this chapter or of any other law, a son or daughter of a firefighter or a police officer who passes the required written and physical examination for entrance to the fire service or police service shall receive an additional five (5) points to his/her score on the competitive examination. To receive the additional five (5) points to his/her score the following must apply: (1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in his death; or (2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person was killed or sustained injuries which resulted in his death. In every case, however, the son or daughter must attain a passing mark on an examination before additional credits may be added to his/her score. The additional credits may not be applied to raise a failing grade to a passing one.
Notwithstanding any other provision of this chapter or of any other law, disabled veterans shall receive an additional five (5) points to their examination scores in entry-level examinations and two (2) points in promotion examinations. Non-disabled veterans shall receive an additional two (2) points in open-competitive examinations and two (2) points in promotion examinations. In every case, however, the veteran must attain a passing mark on an examination before additional credits may be added to his/her score. The additional credits may not be applied to raise a failing grade to a passing one.
Section 12. The administrator shall establish initial medical and physical fitness standards which shall be applicable to police officers and firefighters appointed from a hiring list, pursuant to section 4 of this chapter, to positions in cities and towns or other governmental units. Such standards shall be established by regulations promulgated by the administrator after consultation with representatives of police and firefighter unions, and the Massachusetts Municipal Association.
Notwithstanding the provisions of this paragraph, any municipality may adopt, subject to collective bargaining, stricter medical and physical fitness standards. Such initial medical and physical fitness standards shall be rationally related to the duties of such positions and shall have the purpose of minimizing health and safety risks to the public, fellow workers and the police officers and firefighters themselves.
The administrator shall establish procedures for the administration of such medical and physical fitness examinations by cities and towns. The provisions of this section shall apply to all police officers and firefighters in cities, towns, districts, or other governmental units who have requested a requisition from the administrator.
Section 13. No person shall willfully or corruptly alter any examination paper of any applicant, or willfully or corruptly substitute any other paper for such examination paper, for the purpose of either improving or injuring the prospects or chances for appointment, employment or promotion of such applicant or of any other person. Any person who violates or conspires to violate any provision of this paragraph shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both.
No person, by himself or in cooperation with one or more persons, shall willfully or corruptly defeat, deceive or obstruct any person with respect to his right, pursuant to the civil service law and rules, of examination, appointment, promotion; or willfully or corruptly make a false mark, grade, estimate or report on the examination or proper standing of any person examined pursuant to the civil service law and rules; or willfully or corruptly make any false representation concerning the same or concerning the person examined; or willfully or corruptly furnish to anyone special or secret information for the purpose of either improving or injuring the prospects or chances of appointment, employment or promotion of any person examined or to be examined. No person shall impersonate any other person or permit or aid in any manner any other person to impersonate him in connection with any examination or application or request to be examined in connection with any appointment or promotion.
No person making an appointment to any public safety position shall receive or consider a recommendation of an applicant for such appointment given by any member of the general court, alderman, or councilman, except as to the character or residence of the applicant.
Any person who willfully or negligently violates or conspires to violate any of the provisions of the civil service law and rules, or who knowingly makes an appointment or employs any person in violation of such law and rules, or who refuses or neglects to comply with any provision of such civil service law and rules, shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both, unless a different penalty is specifically provided in this chapter.
Section 14. The administrator may take any necessary and appropriate action to enforce the civil service law and rules.
Notwithstanding the provisions of any general or special law to the contrary, for policies of group life insurance and accidental death and dismemberment insurance, and group health insurance purchased by the division in accordance with the provisions of sections 4, 5, and 10C, the commonwealth, on behalf of active and retired employees, shall contribute a portion of the aggregate monthly premiums applicable to said coverages. At the beginning of each fiscal year, the division shall set the amount contributed by the commonwealth of the aggregate monthly premiums applicable to said coverages based upon the amount appropriated for this expenditure in the general appropriation act. The actual percentage of each such plans' premium to be contributed by the commonwealth may vary from plan to plan provided that (i) the aggregate premiums contributed by the commonwealth shall not be less than the aggregate amount to be contributed as set above and (ii) the state contribution for the least costly plan available for each individual shall not be less than (a) 75% in the case of active employees of and those retirees retiring after July 1, 2003, or (b) 85% in the case of retirees retired on or after July 1, 1994 or (c) 90% in the case of retirees retired prior to July 1, 1994. In determining the least costly plan, the rates for differing plans may be adjusted to reflect differences in the wellness-risk of the populations covered. The commonwealth shall contribute a share of any additional premium which may be required for coverage of an employee's dependent child who is 19 years of age or over and mentally and physically incapable of earning his own living, such share equaling the same ratio as that paid on behalf of an active or retired employee and dependent.
(3A) For remodeling, reconstructing or making extraordinary repairs to public buildings owned by the city or town, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair, such amounts as may be approved by the secretary of administration and finance, and for such maximum term not exceeding 20 years, as the secretary shall fix. Each city or town seeking approval by the secretary of a loan under this clause shall submit to said secretary all plans and other information considered by the secretary to be necessary for a determination of the probable extended use of such building likely to result from such remodeling, reconstruction or repair, and in considering approval of any such requested loan and the terms thereof, special consideration shall be given to such determination.
(9) For the cost of departmental equipment, five years or for such maximum term, not exceeding 15 years as may be approved by the secretary of administration and finance. Each city or town seeking approval by the secretary under this clause for the cost of departmental equipment shall submit to the said secretary any information considered by the secretary to be necessary for a determination of the probable useful life of such equipment.
Section 4. Within 60 days after the submission to him of an application under section 2, the secretary shall in writing, authorize the issuance of qualified bonds if he is satisfied that the issuance of qualified bonds is appropriate. If the secretary is not satisfied, he shall specify his reasons in writing for the disapproval of the request. Failure to approve the request within this 60-day period shall constitute a denial of the application.
Section 13A. In 2004 and every fourth year thereafter, the secretary of administration and finance, with advice from the commissioner of revenue, shall determine the value of all land with improvements thereon owned by the commonwealth in every city and town, with the exception of land used for roads, any community or state college, state university, state hospital or medical facility. Subject to appropriation, the treasurer of the commonwealth shall annually make a payment in lieu of taxes to each city and town for such land and improvements, calculated by multiplying the value thereof in each city or town, as most recently determined by the secretary, by the commercial tax rate of the city or town for the preceding fiscal year.
To assist in making such determination the secretary may require oral or written information from any officer or agent of the commonwealth or of any county or town therein and from any other inhabitant thereof, and may require such information to be on oath. Such officers, agents and persons, so far as able, shall furnish the secretary with the required information in such form as he may indicate, within 15 days after being so requested by him.
The secretary may issue guidelines or regulations governing the determination of values, the eligibility of parcels for payments, and other matters relating to payments under this section. The secretary's determinations as to value and eligibility hereunder, shall be final.
Notwithstanding the foregoing, payments made pursuant to this section shall not exceed $200,000,000.
(19) the disclosure to the department of housing and community development, a housing authority as defined by section 3 of chapter 121B or regional housing authority as defined in said chapter 121B, of return information necessary to determine the income of applicants and tenants of state subsidized housing and to identify individuals who have unreported income.
(c) In the case of an arithmetic or clerical error or other obvious error apparent either upon the face of the return or apparent from a comparison of the return with any records, pertaining to the taxpayer's liability or payment thereof, which are maintained by the commissioner or furnished to the commissioner from any third party source, the commissioner may assess a deficiency attributable to such error without giving notice to the person being assessed.
The commissioner may make such corrections to errors found upon a taxpayer's return and to the amount shown as the tax assessed thereon, including an increase in tax due or a reduction in a refund claimed, as will cause the return to conform with any records, pertaining to the taxpayer's liability or payment thereof, which are maintained by the commissioner or furnished to the commissioner by any third-party. Concurrently with the making of such corrections, the commissioner shall notify the taxpayer in writing of the changes made to the return. If within 30 days of the date of such notice, or within any extended period permitted by the commissioner, the taxpayer fails to challenge the corrections, the return as corrected shall constitute the taxpayer's amended self-assessed return and the commissioner shall not be required to assess said corrected tax, nor to provide the taxpayer with a notice of intention to assess, nor to otherwise send any notice of the corrected tax liability to the taxpayer. Any taxpayer that disagrees with corrections made by the commissioner's corrections under this subsection shall challenge same in writing within 30 days of the date of the commissioner's notice, or within any extended period permitted by the commissioner. Once so challenged, the commissioner shall be required to assess any additional tax not shown on the original return in accordance with the provisions of subsection (b) of this section and shall comply with the provisions of section 32(e) if the commissioner's initial corrections to the return resulted in the reduction or elimination of a refund claimed on the return by the taxpayer.
The applicant shall, at the time of filing its abatement application, include and attach thereto all supporting information, documents, explanations, arguments and authorities that will enable the commissioner to determine whether the applicant is entitled to the abatement requested. The applicant shall not be deemed to have submitted a completed written abatement application until the date on which all such information reasonably requested from the applicant and reasonably necessary for a decision thereon has been furnished to the commissioner. In the event that the commissioner has made a written request to the applicant for additional information, not then contained in the taxpayer's pending abatement application, and the applicant fails to provide such information within 30 days of such request, or within any extended period allowed by the commissioner, that application shall be deemed to be incomplete and shall be denied without prejudice to its timely renewal. The commissioner shall give such applicant written notice that the denial is based upon the lack of a complete abatement application. No appeal from such denial shall be permitted either to the appellate tax board or to any probate court under section 39.
For purposes of this section, the term "date of overpayment" shall mean the later of the date when the commissioner shall have received a properly completed return and full payment of the tax due thereon, or the date that the commissioner shall have received a completed and substantiated written application for abatement filed in accordance with this chapter.
The commissioner shall not refund any tax, interest, penalty or overpayment nor shall the state treasurer make any such refund where any taxpayer fails to file a return within three years of the due date of such return, without regard to extensions
The home address and home telephone number of any employee of the judicial branch, any agency, executive office, department, board, commission, bureau, division or authority of the Commonwealth, or of any political subdivision thereof or of any authority established by the General Court to serve a public purpose, shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed, but such information may be disclosed to an employee organization under chapter 150E, a nonprofit organization for retired public employees under chapter 180 or to a criminal justice agency as defined in section 167 of chapter 6.
The name and home address and home telephone number of a family member of a commonwealth employee shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.
The home address and telephone number of place of employment or education of victims of adjudicated crimes and victims of domestic violence and of persons providing or training in family planning services, and the name and home address and telephone number, or place of employment or education of a family member of any of the foregoing, shall not be public records in the custody of a government agency which maintains records identifying such persons as falling within such categories and shall not be disclosed.
Section 2. As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Adjusted equalized property valuation", a municipality's non-residential equalized property valuation plus the product of its residential equalized property valuation and its relative median income.
"Adjusted foundation budget", the foundation budget plus the base pupil allotment multiplied by the sum of the choice enrollment adjustment and the charter enrollment adjustment
"Base local effort", In fiscal year 2004, the base local effort shall equal the fiscal year 2003 preliminary local contribution multiplied by the sum of one plus the municipal revenue growth factor. Beginning in fiscal year 2005, the base local effort shall equal the prior year's final local effort multiplied by the sum of one plus the municipal revenue growth factor.
"Base pupil allotment", in fiscal year 2004, $5,500 per student. In fiscal year 2005 and beyond, the prior year's base per pupil allotment adjusted by inflation as determined by the board of education.
"Chapter 70 aid", the positive difference, if any, between a municipality's adjusted foundation budget and its final local effort; provided that no municipality's chapter 70 aid shall be less than 12 per cent of its adjusted foundation budget.
"Enrollment categories", the number of students for whom a municipality is financially responsible shall be placed in one or more of the following categories as applicable:
(a) "Assumed special education enrollment", 8.25 per cent of the sum of the standard enrollment and the vocational enrollment.
(b) "Charter enrollment adjustment", the change in the number of students from a municipality enrolled in a charter school during the prior three years, divided by three, provided that the charter enrollment adjustment is not less than zero.
(c) "Choice enrollment adjustment", the change in the number of students from a municipality enrolled in a choice program during the prior three years, divided by three, provided that the choice enrollment adjustment is not less than zero.
(d) "English learner enrollment'', the number of students classified as an English learner.
(e) "Low-income enrollment", the number of a municipality's students who are eligible for free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758.
(f) "Standard enrollment", the number of students enrolled in full time programs from kindergarten to grade 12 that are not enrolled at a vocational school, plus one half the number of students enrolled in half day kindergarten or preschool.
(g) "Vocational enrollment", the number of students enrolled at a vocational school.
"Final local effort", if the base local effort is less than the local effort standard, the final local effort shall equal the base local effort plus 25 per cent of the difference between the local effort standard and the base local effort. If the base local effort is greater than the local effort standard, the final local effort shall equal the base local effort minus 20 per cent of the difference between the local effort standard and the base local effort. In no case shall the final local effort exceed 88 per cent of a municipality's adjusted foundation budget.
"Foundation budget", the product of the base pupil allotment and the sum of (A) the standard enrollment, (B) 0.33 times the English learner enrollment, (C) 0.5 times the low-income enrollment, and (D) 1.7 times the vocational enrollment; plus the assumed special education enrollment multiplied by twice the base pupil allotment.
"General revenue sharing aid", the amount of assistance from the commonwealth to be received by a municipality in a fiscal year from the following local aid programs: (1) payments in lieu of taxes for state-owned lands distributed pursuant to section 13A of chapter 58, (2) the distribution to cities and towns of the balance of the state lottery fund in accordance with the provisions of clause (c) of section 35 of chapter 10.
"Local effort standard", the adjusted equalized property value multiplied by 0.006.
"Municipal revenue growth factor", the change in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to 102.5 per cent plus the average of the percentage increases in the levy limit due to new growth adjustments over the last three available years as certified by the department of revenue or as otherwise estimated by the division of local services where it appears that a municipality may not be entitled to increase its minimum levy limit by 2.5 per cent; provided, however, that if the highest percentage during such three years exceeds the average of the other two years' percentages by more than 2 percentage points, then the lowest three of the last four years shall be used for such calculation; (2) the amount of general revenue sharing aid for the fiscal year; and (3) other budgeted recurring receipts not including user fees or other charges determined by said division of local services to be associated with the provision of specific municipal services for the prior fiscal year, by the sum of (1) the actual levy limit for the prior fiscal year; (2) the amount of general revenue sharing aid received for the prior fiscal year; and (3) other recurring receipts not including user fees or other charges determined by such division of local services to be associated with the provision of specific municipal services budgeted by the municipality for the fiscal year preceding the prior fiscal year, if any; provided, however, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June 30, 1993; provided, further, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to 102.5 per cent plus the average of the percentage increases in the levy limit due to new growth as specified above; and provided further, that in making any of the calculations required by this definition, said division of local services may substitute more current information or such other information as would produce a more accurate estimate of the change in a municipality's general local revenues and the department shall use such growth factor to calculate the base local effort, and any other factor that directly or indirectly uses the municipal growth factor.
"Relative median income", a municipality's median individual income divided by statewide median individual income, both as reported by the Department of Revenue, averaged over the three most recent years for which data is available.
"Net school spending", the total amount spent for the support of public education, including teacher salary deferrals and tuition payments for children residing in the district who attend a school in another district or other approved facility, determined without regard to whether such amounts are regularly charged to school or non-school accounts by the municipality for accounting purposes; provided, however, that net school spending shall not include any spending for long term debt service, and shall not include spending for school lunches, or student transportation. Net school spending shall also not include tuition revenue or revenue from activity, admission, other charges or any other revenue attributable to public education. Such revenue will be made available to the school district which generated such revenue in addition to any financial resources made available by municipalities or state assistance. The department of education, in consultation with the department of revenue shall promulgate regulations to ensure a uniform method of determining which municipal expenditures are appropriated for the support of public education and which revenues are attributable to public education in accordance with this section. The regulations shall include provisions for resolving disputes which may arise between municipal and school officials.
Section 3A. The secretary of administration and finance in cooperation with the commissioner of revenue and the commissioner of education shall make available to the house and senate committees on ways and means, in an electronically compatible format, the criteria, components, equations, and underlying data necessary to generate the final local effort and each component of state aid authorized for distribution to municipalities and school districts pursuant to this chapter. The department of education shall update said underlying data on a bi-monthly basis, and shall revise said criteria, components and equations upon the occurrence of changes thereto.
Section 6. In addition to amounts appropriated for long-term debt service, school lunches, adult education, student transportation, and tuition revenue, each municipality in the commonwealth shall annually appropriate for the support of public schools in the municipality and in any regional school district to which the municipality belongs an amount not less than the sum of the foundation budget and grants for education for the fiscal year, for each such district to which the municipality sends students; provided that the commissioner may adjust a municipality's foundation budget in each district to which it sends students for any school choice tuition amounts as defined in section 12B of chapter 76 and charter school tuition amounts as defined in section 89 of chapter 71. Based on the definitions and other provisions in this chapter, the commissioner shall estimate and report the required spending to each municipality and regional school district as early as possible, but no later than March 1 for the following fiscal year. Districts shall appropriate the sum of the contributions of its member districts as well as all state school aid received on behalf of member municipalities. Districts may choose to spend additional amounts; such decisions shall be made and such amounts charged to members according to the district's required agreement.
Section 6A. (a) Upon the request of the board of selectmen in a town, the city council in a plan E city or the mayor in any other city, the department of revenue may recalculate the required appropriation as defined in section 6. Based on the criteria outlined in this section, the department shall recalculate the required appropriation for a municipality's local and regional schools and shall certify the amounts calculated to the department of education.
(b) A city or town that used qualifying revenue amounts in a fiscal year which shall not be available for use in the next fiscal year, or that shall be required to use revenues for extraordinary non-school related expenses for which it did not have to use revenues in the preceding fiscal year, or that has an excessive certified municipal revenue growth factor which is also greater than or equal to one and one-half times the state average municipal revenue growth factor, may appeal to the department of revenue not later than October 1, for an adjustment of its required appropriation.
(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the required appropriation based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment on account of an extraordinary expense shall affect the calculation of the final local effort in subsequent years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus, and other available funds.
(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, said department shall recalculate such municipal revenue growth factor and the department of education shall use such revised growth factor to recalculate the final local effort and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the final local effort.
(e) Upon the request of the board of selectmen in a town, the city council in a plan E city, or the mayor in any other city, in a majority of the member municipalities, a regional school district which used qualifying revenue amounts in a fiscal year that shall not be available for use in the next fiscal year shall appeal to the department of revenue not later than October 1 for an adjustment to its required spending.
(f) If the claim is determined to be valid, the department of revenue shall reduce the required spending based on the amount of the shortfall in revenue and reduce the base local effort of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus, and uncommitted reserves.
(g) If the regional school budget has already been adopted by two-thirds of the member municipalities, then upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in required spending approved by the department of revenue or the department of education in accordance with the provisions of this section.
(h) Notwithstanding the provisions of clause (14) of section 3 of chapter 214 or any other general or special law to the contrary, the amounts so determined shall be deemed to be the base local effort described in this chapter. The house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified by the department of revenue and the department of education of the amount of any reduction in the final local effort amount.
(i) In the event that a city or town has an approved budget that exceeds the recalculated minimum required appropriation for its local school system or its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized under this section.
(j) The amount of financial assistance due from the commonwealth shall not be changed on account of any redetermination of the required appropriation under this section.
Section 9. School districts shall report each fiscal year to the commissioner of education on the amounts spent for extraordinary maintenance, extended programming, professional development, books and instructional equipment, and administrative expenses.
Notwithstanding the provisions of any general or special law to the contrary, the board may request supplemental information for any project on the priority list. The board may at its discretion advance any such project's position on the priority list if it determines such action is needed to address urgent facility needs, and may remove any such project from the priority list based on an assessment of need. The secretary of administration and finance shall determine the commonwealth's ability to sustain its share of eligible project costs in outgoing years, and may direct the board to advance and remove projects on the priority list in accordance with said determination. If any such project is removed from the priority list, the board may award a grant to the city, town, or regional school district for the commonwealth's share of design and other eligible project costs incurred to date, subject to appropriation.
Copies of such agreement shall be submitted to the secretary of administration and finance, and the department of education, and, subject to their approval, to the several towns for their acceptance.
(nn) Commonwealth charter schools shall be funded as follows: the commonwealth shall pay a tuition amount to the charter school equal to the lesser of: (1) the average cost per student in each student's municipality of residence; and (2) the average cost per student in the municipality in which the charter school is located. The state treasurer is hereby authorized and directed to deduct said charter school tuition amount from the total education aid, as defined in chapter 70, of the municipality in which the student resides prior to the distribution of said aid. If, in a single municipality, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single municipality, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount. The state treasurer is hereby further authorized to disburse to the charter school an amount equal to each student's charter school tuition amount as defined above. The board of education shall adopt regulations for determining the average cost per student in calculating charter school tuition amounts for the purpose of this subsection, and in adopting said regulations shall consult with the executive office for administration and finance and shall consider the actual cost per student, the variation in cost for different grade levels and different programs, a charter school's capital costs, the advisability of establishing a maximum amount for such average cost, and the impact on existing charter schools, other public schools in the district, and new charter schools.
(iii) Notwithstanding the foregoing, the reimbursement rate for students who have no father, mother, or guardian living in the commonwealth, and for any school age child placed in a school district other than a home town by, or under the auspices of, the department of transitional assistance or the department of social services, shall be 100 per cent of all said approved costs that exceed three times the state average per pupil foundation budget for in-district placements, and four times the state average per pupil foundation budget for out-of-district placements.
(f) For each student enrolling in a receiving district, there shall be a school choice tuition amount. Said tuition amount shall be equal to 75 percent of the actual per pupil spending amount in the receiving district for such education as is required by such non-resident student, but not more than $5,000; provided, however, that for special education students whose tuition amount shall remain the expense per student for such type of education as is required by such non-resident student. The state treasurer is hereby authorized and directed to deduct said school choice tuition amount from the total education aid, as defined in chapter 70, of said student's sending municipality, prior to the distribution of said aid and to deposit said aid in the School Choice Tuition Trust Fund established by section 12C. If, in a single municipality, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single municipality, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount.
(j) Upon notice by a housing authority as defined by section 3 and 3A of chapter 121B, the registrar shall not issue, renew or reinstate a license to operate of any person against whom a judgment has been issued by any court in the commonwealth for rent due.
Upon each disposition under this section, the defendant will surrender any Massachusetts drivers license or permit in his possession to the probation department of that court. The probation department will dispose of the license, and the court shall report the disposition in the case in a manner as determined by the registrar. Notwithstanding the provisions of section 24 (1)(c)(2), section 24 (1)(f)(1), and section 24P of this chapter, a defendant may immediately upon entering a program pursuant to this section apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may proscribe. Any such license shall be valid for an identical 12 hour period, seven days a week. This provision shall also apply to any other suspensions due to the same incident that may be in effect pursuant to section 24 (1)(c)(2), section 24 (1)(f)(1) and section 24P of this chapter. Nothing in this section shall be construed to authorize hardship eligibility if the person is suspended or revoked, or to be suspended or revoked, under any other statute not referenced in this section, or due to any other incident. Failure of the operator to complete his obligations to the program, or remain in compliance with court probation, shall be cause for immediate revocation of the hardship license. In these and all cases where a hardship license is sought by an operator, the probation office for the court where the offender is on probation will, upon request, furnish the Registry with documentation verifying the person's status with probation.
Section 321. In sections 321 to 327, inclusive, the following definitions shall, unless the context clearly requires otherwise, have the following meaning:
"Beverage'', noncarbonated water including flavored water, fruit and vegetable juices and drinks, coffee and tea drinks, sport drinks, soda water or similar carbonated soft drinks, mineral water, beer and other malt beverages, and other alcoholic beverages as defined in chapter 138, but shall not include dairy products.
"Beverage container'', any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage. This definition shall not include containers made of biodegradable material or less than 2.5 ounces. This definition shall include containers of two gallon capacity or less for carbonated beverages, malt beverages and alcoholic beverages as defined by chapter one hundred and thirty eight and less than one gallon for noncarbonated water including flavored water, fruit and vegetable drinks, coffee and tea drinks, and sport drinks.
"Bottler'', any person filling beverage containers for sale to distributors or dealers, including dealers who bottle or sell their own brand of beverage.
"Consumer'', any person who purchases a beverage in a beverage container for use or consumption with no intent to resell such beverage.
"Dealer'', any person, including any operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the commonwealth.
"Distributor'', any person who engages in the sale of beverages in beverage containers to dealers in the commonwealth including any bottler who engages in such sales.
"Label'', a molded imprint or raised symbol on or near the bottom of a plastic product.
"Plastic'', any material made of polymeric organic compounds and additives that can be shaped by flow.
"Plastic bottle'', a plastic container that has a neck that is smaller than the body of the container, accepts a screw type, snap cap or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons.
"Rigid plastic container'', any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
"Reusable beverage container'', any beverage container so constructed and designed that it is structurally capable of being refilled and resold by a bottler at least ten times after its initial use.
Section 322. Every beverage container sold or offered for sale in the commonwealth shall have a refund value of not less than five cents, except alcoholic beverages as defined by chapter 138 in beverage containers greater than one pint shall have a refund value of 15 cents. The provisions of this section shall not apply to such containers sold by a distributor for use by a common carrier in the conduct of interstate passenger service.
Section 329A. (a) "Deputy director" shall mean the deputy director of the division of standards.
(b) "Person" shall mean an individual, firm, partnership, association or corporation.
(c) "Division" shall mean the division of standards.
(d) "Computer-assisted check out system" shall mean any electronic device, computer system or machine which determines the selling price of a stock-keeping item by interpreting its universal product code, or by any other use of a price look-up function.
(e) "Inspector" shall mean the deputy director or authorized agent to enforce the provisions of this chapter.
(f) "Item price" shall mean the lowest indicated price on a shelf tag, sign or advertisement.
(g) "Price look-up function" shall mean the capability of any checkout system to determine the retail price of a stock-keeping item electronically or by way of the manual entry into the system of a code number assigned to that particular unit by the retail store or by way of the checkout operator's consultation of a file maintained at the point of sale.
(h) "Retail store" shall mean a store selling stock-keeping units at retail. A store which is not open to the general public but is reserved for use by its members shall come within the provisions of this definition unless the members must pay a direct fee to the store to qualify for membership and the store is not required to collect sales tax on transactions with members. Pursuant to this section a retail store shall not include any store which:
1) has its only full-time employee the owner thereof, or the parent, or the spouse or child of the owner, or in addition thereto, not more than three employees; or
2) had annual gross sales in a previous calendar year of less than $5,000,000, unless the retail store is part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which as a group, had annual gross sales in the previous calendar year of $5,000,000 or more; or
3) engages primarily in the sale of food for consumption on the premises or in a specialty trade which the deputy director determines, by regulation, would be inappropriate for item pricing.
(i) "Sale items or weekend special" shall mean stock-keeping items offered for sale for a period of seven days or less in a retail store at a price below the price that the item is sold for 30 days previous to the start of the sale.
(j) "Stock-keeping unit" shall mean each group of items offered for sale of the same brand name, quality of contents, retail price, and variety:
1) food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets and all substances or ingredients to be added thereto for any purpose; and
2) napkins, facial tissues, toilet tissues, and any disposable wrapping or container for the storage, handling or serving of food, and
3) detergents, soaps, other cleansing agents, and cleaning implements, and
4) non-prescription drugs, feminine hygiene products and health and beauty aids.
(k) "Stock-keeping item" shall mean each item of a stock-keeping unit offered for sale.
(l) "Universal product coding" shall mean any system of coding which entails electronic pricing.
Section 329B. (a) Notwithstanding the provision of any law or regulation to the contrary, every person who sells, offers for sale or exposes for sale in a retail store a stock-keeping unit that bears a universal product code shall disclose to the consumer the item price of each stock-keeping item as defined in section 329A of this chapter.
(b) The following stock-keeping items need not be item priced as provided in subdivision (a) of this section and other applicable Massachusetts law provided that a shelf-price adjacent to the display is maintained for such stock-keeping items:
(1) Stock-keeping items, which are under three cubic inches in size, and weigh less than three ounces, and are priced under 50 cents,
(2) Items sold through a vending machine,
(5) Loose fresh produce,
(6) Stock-keeping items, which are offered for sale in single packages and weighing three ounces or less,
(7) Stock-keeping items offered as a sale item or weekend special,
(8) Strained and junior size baby foods packaged in jars,
(9) Single cans or bottles of soda where the selling price for different flavors packaged for or by the consumer,
(10) Stock-keeping items, which are displayed for sale in bulk, which are either packaged for or by the consumer,
(11) Snack foods such as cakes, gum, candies, chips and nuts offered for sale in single packages and weighing five ounces or less,
(12) Food sold for consumption on premises, and
(13) Frozen juice and ice cream.
(c) The provisions of this section may be subsequently modified or amended by order
of the deputy director, either by adding or deleting stock-keeping units from the list of exemptions or by further directing the manner in which the selling price of exempted stock-keeping units shall be posted.
Section 329C. (a) No retail store shall charge a retail price for any exempt or non-exempt stock-keeping item which exceeds the lower of any item, shelf, sale or advertised price of such stock-keeping item. In the event that the price exceeds the lowest price a store is permitted to charge for a stock-keeping unit, the store will be subject to a penalty as described in this chapter and other applicable law at the discretion of the deputy director.
(b) In a store with a laser scanning or other computer assisted checkout system, the inspector shall be permitted to compare the item, shelf, sale, or advertised price of any one stock-keeping item within a stock-keeping unit sold in the store with the programmed computer price.
(c) The deputy director shall establish a randomized store inspection procedure designed to eliminate any bias in selecting stores to be inspected for price auditing purposes. However, any retail store may be inspected at any time upon complaint or if the deputy director has sufficient cause to audit a particular store or stores to ensure pricing accuracy.
Section 329D. (a) Every person, store, firm, partnership, corporation, or association which uses a computer-assisted checkout system and which would otherwise be required to item price as provided in section 329C of this chapter, sections 184B through 184E, inclusive, of chapter 94, or other applicable Massachusetts law, may make an application in writing to the deputy director for a waiver of said item pricing requirement. A separate application shall be required for each store. The deputy director, subject to the approval of the secretary of administration and finance, shall establish an annual registration fee, which must be submitted with the initial application and subsequent renewal. The deputy director shall approve or reject the application within 60 days from the date of receiving the application. If the application is rejected, the application fee shall be returned. The deputy director shall establish rules and regulations regarding the retail store's electronic pricing systems, signage, and other requirements, which all applicants must meet in order to become registered.
(b) The registration fee is based upon the number of cash registers in each store as set according to the following schedule:
Waiver Fee Per Cash Register:
1 to 3 cash registers $500
3 to 5 cash registers $750
3 to 7 cash registers $1,000
7 or more cash registers $2,000
(c) Waiver applications and the required fee must be received at the division by October 1, 2003, and annually thereafter. Stores that fail to comply with the required registration, will be subject to violations pursuant to sections 184B through 184E, inclusive, of chapter 94 or any other applicable law or regulation. New stores or establishments that did not previously hold waivers, may apply after the October 1, 2003 deadline.
(d) Systems approved by the deputy director must have means to provide an audit trail regarding item price changes that can be accessed by state enforcement agents upon request. All item prices once entered into the store's electronic pricing system shall remain unchanged for a minimum of 72 hours, unless the price is to be reduced or is the result of a gross pricing error.
(e) A waiver from item pricing shall be valid for a period of one year from the date of issuance. Stores must reapply annually for renewal of waiver at the rates established in subsection (a) of this section.
(f) Any registered retail store that fails to meet the state price accuracy standard of 98 per cent based on the price accuracy inspection procedure adopted by the division shall be re-inspected after thirty days of the initial inspection. If the store fails upon re-inspection to meet the price accuracy standard, the registration will be suspended for a period of six months. During the suspension period, the store will be required to individually item price every item offered for sale. After this period, the store can request the division, in writing, to re-inspect the store. If the store after re-inspection meets the price accuracy standard, the registration maybe re-instated.
(g) As a condition of the waiver from item pricing pursuant to this section, each store which accepts a waiver must agree to meet the following requirements:
(i) The store shall designate and make available price check scanners to enable consumers to confirm the price of stock-keeping items. These price check scanners shall be in locations convenient to consumers with signs of sufficient sized lettering identifying these units to consumers. Stores will submit their proposed sign and device locations to the deputy director for approval.
(ii) Each registrant shall assign an employee to check all sale prices in the store's electronic pricing system prior to the start of any sale to ensure the sale prices in the system are accurate. Each registrant shall maintain a sale price log including the following: name of the store employee, date the employee performed the pre-sale price accuracy audit, and the signature of the employee. Failure to maintain the log or to make the log available upon request by any authorized agent of the deputy director will be cause for registration suspension.
(iii) The store shall not charge any customer a price for any stock-keeping item which exceeds the item, shelf, sale or advertised price, whichever is less.
(iv) The store shall make prompt payment to consumers who have been overcharged and shall correct all pricing errors identified by consumers, guaranteeing the consumer one item free if it costs less than $10 or pay the consumer $10 if the item costs more than $10.
(v) Any item that rings up higher than the lowest advertised price shall be subject to a fine of $200 . Failure to post the required item price sign at the point of display will be subject to a fine of $100. The fine will be increased to $200 if the item rings up at a price higher than the lowest price charged for that item during the previous thirty days.
(h) The deputy director, in his discretion, may revoke a waiver from item pricing for any of the following reasons:
(i) Failure to comply with any provisions of this chapter;
(ii) Deliberate overcharging of any consumer;
(iii) Material misrepresentation in the application for a waiver.
Section 329E. (a) The provisions of this chapter shall be enforced by the division. Upon representation of appropriate credentials, the division shall have the right to enter upon the premises of any retail store to make an inspection and to determine compliance with the provisions of this chapter.
(b) For the purpose of determining a store's compliance with the requirements of section 329B, an inspection shall be conducted of a sample of no less than 25 stock-keeping units.
(c) For the purpose of a violation of section 329B(a), no item shall be cited more than once in a 48 hour period.
(d) With respect to the item price of any exempt item, the deputy director, in his discretion, may direct a retail store to post a sign in a conspicuous and unobstructed location in the manner and form prescribed by him.
(e) For any inspection under section 329C, the store representative shall afford the inspector access to the test mode of the checkout system in use at that store or to a comparable function of said system and to the retail price information contained in a price look-up function.
(f) The inspector shall have the authority to issue a stop removal order with respect to any stock-keeping unit being used, handled, or offered for sale in violation of sections 329B and 329C. Any such order shall be in writing and direct that the stock-keeping item shall be removed for sale pending price correction.
(g) A hearing may be requested in writing on any fineable violation or registration suspension issued by the division. The hearing will be conducted by the division's designated hearing officer. The division's designated hearing officer shall make a written determination. Such determination may be appealed to the deputy director who, after due deliberation, shall issue an order accepting, modifying, or rejecting the hearing officer's determination.
Veterans' agents shall complete applications authorized by the division of medical assistance under chapter 118E for any veteran, widow and dependent applying for medical assistance under chapter 115. The veterans' agent shall file the application for the veteran or dependent for assistance under said chapter 118E. The division of medical assistance shall act on all chapter 118E applications and advise the applicant and the veterans' agent of the applicant's eligibility for chapter 118E healthcare. The veterans' agent shall advise the applicant of the right to assistance for medical benefits under chapter 115 pending approval of the application for assistance under chapter 118E by the division of medical assistance. The commissioner may supplement healthcare pursuant to 118E, with healthcare coverage under 115, if he determines that supplemental coverage is necessary to afford the veteran or dependent sufficient relief and support. Payments to or on behalf of a veteran or dependent pursuant to chapter 115 shall not be considered income for the purposes of determining eligibility under chapter 118E. However, benefits awarded pursuant to section 6B of chapter 115 shall be considered countable income.
The department is authorized to administer a program of education and training services and related support services. Applicants for, and recipients of, Aid to Families with Dependent Children under this chapter, former recipients for one year after the termination of aid, and the absent parent of a family receiving aid, may be eligible for services under this paragraph. Certain parents who have not yet reached the age of 18 years, including those who are ineligible for aid, but who would qualify except for the deeming of grandparents' income, may be eligible for services under this paragraph.
The department of transitional assistance, in this chapter called the department, shall administer a program of financial assistance for aged, disabled and blind persons who reside within the commonwealth. Such assistance, which shall be called state supplementary payments, shall be based on need and granted in supplementation of benefits granted by the United States government to aged, disabled and blind individuals under the provisions of title XVI of the Social Security Act and amendments thereto, in this chapter called title XVI. Such assistance shall be granted to persons who, on account of age, disability or blindness, qualify for supplemental security income granted pursuant to title XVI and may, based on need, be granted to individuals who would, but for their income, be eligible for such supplemental security income. The department shall establish, subject to the approval of the secretary of of health and human services, standard levels for state supplementary payments for the aged, disabled and blind. Such payments may vary by category, by marital status, and by living arrangements to the extent allowed by title XVI and the regulations promulgated thereunder. The department may fund an optional supplemental living arrangement category that makes payments to individuals living in assisted living facilities certified under chapter 19D.
"Pharmacy", any retail drug business licensed by the board of registration in pharmacy in accordance with chapter 112 that is authorized to dispense controlled substances, including retail drug business as defined in section 1 of chapter 94C, and pharmacies licensed in accordance with chapter 94C that dispense drugs to individuals pursuant to a written prescription, including outpatient pharmacies of hospitals, community health center pharmacies, clinic pharmacies, and any other pharmacies that the division determines must be included within the federal class of "outpatient prescription drugs."
Every member shall be required to attend no fewer than 75 percent of all regularly scheduled meetings during a 12-month period and shall not be absent from more than two consecutive such meetings. Failure to attend as required may be considered neglect of duty and grounds for removal.
The fee for such permits shall be $75, which fee shall be payable to the licensing authority and shall not prorated or refunded in case of revocation or denial. The licensing authority shall retain $12.50 of such fee; $37.50 of such fee shall be deposited into the general fund of the commonwealth, and $25 shall pay the fees for an interstate fingerprint check.
"Confidential Employee", any person that directly assists and acts in a confidential capacity to a person or persons otherwise excluded from coverage under this chapter.
"Employee" or "public employee", any person in the executive or judicial branch of a government unit employed by a public employer except elected officials, appointed officials, members of any board or commission, representatives of any public employer, including the heads, directors and executive and administrative officers of departments and agencies of any public employer, and other managerial employees, supervisory employees or confidential employees, and members of the militia or national guard and employees of the commission, and officers and employees within the departments of the state secretary, state treasurer, state auditor, attorney general or solicitor general.
"Managerial employee", any individual in a position in which the principal functions are characterized by at least one of the following: (1) responsibility for direction of a subunit or facility of a major division of an agency or assignment to an agency head's staff; (2) development, implementation and evaluation of goals and objectives consistent with agency mission and policy; (3) participation in the formulation of agency policy; (4) a substantial role in the preparation or administration of collective bargaining agreements or substantial personnel decisions, or both, including staffing, hiring, firing, evaluation, promotion and training of employees; and (5) a substantial responsibility involving the exercise of independent judgment of an appellate responsibility not initially in effect in the administration of a collective bargaining agreement or in personnel administration.
"Supervisory employee", any individual in a position in which the principal functions are characterized by at least one of the following: (1) performing such management control duties as scheduling, assigning, overseeing and reviewing the work of subordinate employees; (2) performing such duties as are distinct and dissimilar from those performed by the employees supervised; (3) exercising judgment in adjusting grievances, applying other established personnel policies and procedures or in enforcing the provisions of a collective bargaining agreement; and (4) establishing or participating in the establishment of performance standards for subordinate employees or taking corrective measures to implement those standards.
Section 6. The employer and the exclusive representative shall meet at reasonable times, and shall negotiate in good faith with respect to wages, hours, and working conditions; provided, however, the obligation to bargain under this section shall not compel either party to agree to a proposal or make a concession. Notwithstanding the foregoing, the employer shall have no authority to bargain collectively over and shall have no authority to enter into a collective bargaining agreement with respect to matters of inherent management right which shall include the right:
(i) to direct, appoint, and employ officers, agents, and employees and determine the standards therefore.
(ii) to discharge and terminate employees subject to the provisions of clauses (a) and (b).
(a) No action set forth in this section (ii) shall be sustained if, in a proceeding invoked by clause (b), the employee shall establish by a preponderance of the evidence that it was based upon race, color, religion, sex, age, national origin, handicapping condition, martial status, sexual orientation or political affiliation or activities or union activities or union organizing of the employees; a reprisal against the employee for disclosure of information by an employee which the employee reasonably believes evidences a violation of any law, rule or regulation or mismanagement, a gross waste of funds or abuse of authority; a reprisal against any employee for the refusal of any person to engage in political activity.
(b) The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration which may be invoked in the event that any employee of the employer is aggrieved by an action to discharge or terminate the employee for any of the above-cited reasons;
(iii) to plan and determine the levels of service provided by the employer;
(iv) to direct, supervise, control and evaluate the departments, units, and programs of the employer; to classify positions and ascribe the duties and standards of productivity;
(v) to develop and determine levels of staffing and training;
(vi) to determine whether goods or services should be made, leased, contracted for, or purchased on either a temporary or permanent basis;
(vii) to assign or apportion overtime;
No employer shall collectively bargain over and shall have no authority to enter into a collective bargaining agreement that shall accord any rights related to the seniority or longevity of employees.
15. To set, charge and retain fees and costs, subject to the provisions of section 3B of chapter 7, including, but not limited to, filing fees, mediation fees, training fees and costs incurred responding to requests under the commonwealth's public records law; provided, that the commission may, where appropriate, provide for the waiver of the fees; to retain reasonable attorney's fees and costs awarded to a prevailing complainant, pursuant to section 5 of this chapter, when one of its attorneys presents the charge of discrimination before the commission on behalf of the prevailing complainant; provided, however, that all amounts received pursuant to this paragraph shall be deposited with the treasurer and made available to the commission for the expenditure for any purpose authorized by this chapter.
If upon all the evidence at any such hearing the commission shall find that a respondent has engaged in any unlawful practice it may, in addition to any other action which it may take under this section, assess a civil penalty against the respondent:
(a) in an amount not to exceed $10,000 if the respondent has not been adjudged to have committed any prior discriminatory practice;
(b) in an amount not to exceed $25,000 if the respondent has been adjudged to have committed one other discriminatory practice during the five year period ending on the date of the filing of the complaint; and
(c) in an amount not to exceed $50,000 if the respondent has been adjudged to have committed two or more discriminatory practices during the seven year period ending on the date of the filing of the complaint. Notwithstanding the aforesaid provisions, if the acts constituting the discriminatory practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory practice, then the civil penalties set forth in clauses (b) and (c) may be imposed without regard to the period of time within which any subsequent discriminatory practice occurred.
(h) All current expenses of the authority shall be in accordance with an annual budget prepared by the administrator and submitted to the advisory board no later than April 1 of each year for the ensuing fiscal year. An authority may not submit an annual budget to its advisory board for approval without first obtaining the prior written approval of the secretary of the department of transportation. On or before June 1 the advisory board shall approve said budget as submitted or subject it to such itemized reductions therein as the advisory board shall deem appropriate.
Section 5. The office of the chief justice of a department of the trial court, as provided in section 1, shall not be deemed a judicial office as comprehended under the provisions of Article I of Chapter III of Part the Second of the Constitution. Said office of chief justice shall be filled by appointment, from among the justices appointed to the particular department, by the chief justice of the supreme judicial court. The chief justice of a department of the trial court shall hold said office at the pleasure of the chief justice of the supreme judicial court.
Section 6. The office of the chief justice for administration and management of the trial court, as provided in section 1, shall not be deemed a judicial office as comprehended under the provisions of Article I of Chapter III of Part the Second of the Constitution. Said office of chief justice for administration and management shall be filled by appointment, from among the justices of the trial court departments, by the chief justice of the supreme judicial court. The chief justice for administration and management shall hold said office at the pleasure of the chief justice of the supreme judicial court. The chief justice for administration and management shall retain his commission as associate justice of the trial court, or of a predecessor court to which he was appointed, while serving as chief justice for administration and management, and may continue to perform such judicial duties as he may have exercised as associate justice, and such other responsibilities as otherwise provided by law.
Section 7. In the case of a vacancy in the office of chief justice of a department of the trial court due to the absence of said chief justice or due to his inability to perform his duties, the office of chief justice shall be filled on a temporary basis by and in the discretion of the chief justice of the supreme judicial court from among the justices appointed to the particular department. The temporary chief justice so appointed shall hold such office until the incumbent shall resume his duties subject to the discretion of the chief justice of the supreme judicial court, or until a new chief justice is qualified as hereinbefore provided, but in no event for more than one year. A temporary chief justice shall be eligible for appointment as chief justice.
In the case of a vacancy in the office of chief justice for administration and management due to the absence of said chief justice for administration and management of or due to his inability to perform his duties, the office of chief justice for administration and management shall be filled on a temporary basis by and in the discretion of the chief justice of the supreme judicial court from among the justices of the trial court departments. The temporary chief justice for administration and management so appointed shall hold such office until the incumbent shall resume his duties subject to the discretion of the chief justice of the supreme judicial court, but in no event for more than one year. A temporary chief justice for administration and management shall be eligible for appointment as chief justice.
(xl) notwithstanding any general or special law to the contrary, the authority to contract with private counsel on a contingent fee basis to collect the fair market value of attorney services provided to any defendant who materially understates or misrepresents his income or assets in order to qualify for legal representation intended for indigent persons appearing before the trial court.
(iv) (a) the responsibility consistent with section 8 of chapter 211B to provide personnel management, including promulgation of job classifications, establishment of system wide personnel policies and hiring practices and the authority to act as collective bargaining agent on behalf of the trial court.
(b) Notwithstanding said section 8 of chapter 211B, section 10 or section 53 of chapter 218, or any other general or special law to the contrary, whenever there is a reduction in force in any department of the trial court and the number of assistant clerks employed in the department exceeds the number of justices employed in the same department, no employee of such department may be terminated, except for cause, because of a reduction in force until such time as the number of assistant clerks in the department is equal to or less than the number of justices employed in the same department.
(iii) (a) the responsibility to provide the departments of the trial court with technical assistance concerning record keeping, auditing, and computers, and with support services, such as computerized legal research, stenographic, electronic and video recordation methods and telephone based interpretation services.
(b) the responsibility, with the approval of the chief justice of the supreme judicial court, to establish uniform guidelines for the use of stenographers or court reporters whether or not on salary in all departments of the trial court. The chief justice for administration and management may authorize any proceeding, or type of proceeding in any department of the trial court, to be recorded by electronic means instead of the making of a verbatim record by a stenographer or court reporter, and designate such original recording of proceedings made with an electronic recording device under the exclusive control of the court as the official record of such proceeding.
(v) (a) the authority to approve all expenditures for all libraries maintained by the departments of the trial court;
(b) the chief justice for administration and management shall, subject to the approval of the chief justice of the supreme judicial court, establish and periodically revise a uniform schedule of fees to be charged for the use of the services and facilities of the libraries maintained by the trial court and the departments of the trial court. All persons other than those employed by the commonwealth and using such services and facilities in the course of official business shall pay such fees in the manner set forth by the chief justice for administration and management.
(a) The exclusive authority to select and appoint assistant clerks in the district court, juvenile court and housing court shall be vested in the clerks of said courts and such authority shall not be subject to the review or approval of any other person except as provided in this section.
The Boston municipal court shall be a division of the district court department of the trial court. Except where separate or contrary provisions with respect to the same subject matter are made applicable to Boston municipal court in sections 50 to 56, the provisions of this chapter relative to the divisions of the district court department shall apply to the Boston municipal court. Whenever used in this chapter or other general or special law, the words "Boston municipal court department", shall mean the Boston municipal court division of the district court department of the trial court established under chapter 211B. Whenever used in this chapter, the words "chief justice", "chief justice of the Boston municipal court department", or "chief justice of the department", shall mean the chief justice of the district court department, unless the context clearly refers to a chief justice of another department established under chapter 211B, the chief justice for administration and management, or the chief justice of the supreme judicial court.
The judicial districts of the Boston municipal court and of the several other divisions of the district court department shall continue to comprise the following cities, towns, wards and territory in the following counties respectively.
The district court of Franklin, held at Greenfield, and at Turners Falls in Montague; Franklin county and Athol.
Cases of delinquent children under sections 52 to 84, inclusive, of chapter 119, and petitions brought under sections 24 and 39E of said chapter 119 are excepted from the jurisdiction of all of the above courts of this county and Athol.
The district court of Hampshire, held at Northampton: all of Hampshire county, and any violation of law committed on the land the Quabbin reservation or used for the supply and protection of the Quabbin reservoir.
Section 50. The Boston municipal court division of the district court department shall consist of 11 associate justices of the trial court appointed to said division.
The chief justice of the district court department, subject to the approval of the supreme judicial court and the chief justice for administration and management, may make, from time to time, rules for regulating the practice and conducting the business therein in all cases not expressly provided for by law.
The chief justice of the district court department shall have the power to appoint the first justice of the Boston municipal court in accordance with section 6.
Section 52. In addition to the powers conferred in section 10 of chapter 211B, the chief justice of the district court department may from time to time make assignments for the attendance of a justice at the several times and places appointed for holding court. Said chief justice, or, in case of his death, illness or incapacity, the first justice of the Boston municipal court, if in his opinion the public business so requires, may provide for additional sessions in the division, and for the appointment of special justices to hold such additional sessions.
Section 9B. If, in the event a suit is commenced against a court officer employed by the trial court, by reason of a claim for damages resulting from an alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law, the commonwealth, at the request of the affected court officer, shall provide for the legal representation of said court officer.
The commonwealth shall indemnify court officers employed by the trial court from all personal financial loss and expenses, including but not limited to legal fees and costs, if any, in an amount not to exceed $1,000,000 arising out of any claim, action, award, compromise, settlement or judgment resulting from any alleged intentional tort or by reason of an alleged act or failure to act which constitutes a violation of the civil rights of any person under federal or state law; provided, however, that this section shall apply only where such alleged intentional tort or alleged act or failure to act occurred within the scope of the official duties of such court officer.
No court officer shall be indemnified for any violation of federal or state law if such court officer acted in a willful, wanton or malicious manner.
(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including his affiliation, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the commission shall exempt from public disclosure those portions of a statement of financial interest filed pursuant to section 5 which contain the home address and telephone number of the filer; provided, however, that the commission shall not exempt from public disclosure the home address and telephone numbers of elected officials; and provided, further, that the commission shall forward a copy of said request to the person whose statement has been examined;
Notwithstanding the first paragraph of this section or any other general or special law to the contrary, in connection with any reduction in force in the trial court department, no probation officer shall be terminated from employment, except for cause, while any associate probation officer is employed by the trial court or while the number of persons employed in management positions by the commissioner of probation exceeds 5 per cent of the number of persons employed in probation officer positions in the trial court.
The court shall assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probation supervision fee, hereinafter referred to as "probation fee", in the amount of $60 per month. Said person shall pay said probation fee once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation a monthly administrative probation supervision fee, hereinafter referred to as "administrative probation fee", in the amount of $20 per month. Said person shall pay said administrative probation fee once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation.
The court may not waive payment of either or both of said fees unless it determines after a hearing and upon written finding that such payment would constitute an undue hardship on said person or his family due to limited income, employment status or any other factor. Following the hearing and upon such written finding that either or both of said fees would cause such undue hardship then: (1) in lieu of payment of said probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department, for not less than one day per month and (2) in lieu of payment of said administrative probation fee the court shall require said person to perform unpaid community work service at a public or nonprofit agency or facility, as approved and monitored by the probation department, for not less than four hours per month. Such waiver shall be in effect only during the period of time that said person is unable to pay his monthly probation fee.
The court may waive payment of either or both of said fees in whole or in part if said person is assessed payment of restitution. In such cases, said fees may be waived only to the extent and during the period that restitution is paid in an amount equivalent to said fee.
Recipients not qualifying as exempt under the provisions of subsection (e) shall participate in the work program established by subsection (j).
Section 22. Notwithstanding the provisions of any general or special law to the contrary, in fiscal years 2003 to 2007, inclusive, the division of health care finance and policy shall allocate $1,500,000 annually for a Massachusetts Fishermen's Partnership, Inc. demonstration project under subsection (d) of section 18 of the General Laws; provided, however, that such demonstration project otherwise meets the requirements of said subsection (d).
Section 180. Notwithstanding the provisions of any general or special law to the contrary, in fiscal year 2004, monies collected from the pharmacy and nursing home assessments, as established by chapter 118G sections 25 and 26, shall be expended from items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0870, 4000-0880 and 4000-1400, as appropriated in section 2 of this act, in the following manner:
(1) an amount that will annualize to no more than $70,000,000 to fund the use of 2000 base year cost information for nursing home rate determination purposes, effective July 1, 2003;
(2) an amount that will annualize to no more than $128,350,000 for enhanced payment rates to nursing homes;
(3) an amount that will annualize to no more than $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes. As a condition for such rate add-on, the division of health care finance and policy shall require that each nursing home document to said division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing homes which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing home rates. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. The expenditure of these funds shall be subject to audit by said division in consultation with the department of public health and the division of medical assistance. In implementing this section, the division shall consult with the Nursing Home Advisory Council;
(4) an amount that will annualize to no more than $12,000,000 to fund rate payments for reasonable capital expenditures by nursing homes that meet quality standards;
(5) payment for services provided to MassHealth members by pharmacies participating in MassHealth;
(6) not more than $13,750,000 to generally fund payments for services provided to MassHealth members by providers participating in MassHealth and other MassHealth expenditures;
(7) not more than $550,000 to fund expenses at the division of health care finance and policy for the implementation and administration of sections 25 and 26 of chapter 118G of the General Laws and for an audit of funds distributed to nursing homes under this section.
0321-2205, upon agreement by the secretary of the commonwealth, the social law library, and the trial court for the establishment and maintenance of at least five regional social law library branch libraries in lieu of appropriation for trial court law libraries; provided further, that not less than $27,500,000 shall be expended for the court facilities bureau inclusive of energy costs; and provided further, that at least $500,000 shall be expended for the judicial institute; provided further, that at least $400,000 shall be expended for research and development of a weighted caseload methodology for each trial court department to equalize budget allocations to caseload among divisions within each department for use commencing in fiscal year 2005.
Notwithstanding the provisions of any general or special law to the contrary, in fiscal year 2004, all amounts of money remaining for the purposes set aside above related to the trial court as of May 1, 2004 that are not necessary to fully fund the purposes for which such money was set aside, and would therefore revert to the commonwealth, instead shall be made available as of said date, in a manner approved by the comptroller, for expenditure by the chief justice for administration and management, without further appropriation, for the operation of the trial court; provided, however, that no money set aside for one purpose may be used for another purpose under this section unless the chief justice for administration and management makes a determination, in writing to the senate and house committees on ways and means, the chief justice of the supreme judicial court, and the secretary for administration and finance, that such amount of money is unnecessary for the purpose for which it was set aside. Any such funds not expended by the trial court by the close of the fiscal year shall revert to the commonwealth.
(b) The said commissioner is hereby authorized to bind the commonwealth to quitclaim covenants in any deed of real property so transferred. Any such real property so transferred shall be available for retention or disposition pursuant to the relevant laws and regulations applicable to the ownership of real estate by the PRIT Fund.
(c) The value to be credited for any such real property so transferred to the PRIT Fund shall be its fair market value as determined by the PRIM Board in accordance with applicable laws.
(b) For purposes of this section, the following terms shall have the following meaning, unless the context clearly requires otherwise:
(1) "Commissioner", the commissioner of the department of capital assets.
(2) "Real property", shall be as defined in section 39A(s) of chapter 7.
(3) "State agency", shall be as defined in section 39A(v) of chapter 7.
(4) "Surplus real property", real property of the commonwealth (a) previously determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F1/2 of chapter 7, (b) specifically exempted from the provisions of sections 40F and 40F1/2 of chapter 7 by any special law, or (c) determined to be surplus to current and foreseeable state needs pursuant to this section; provided, that the term "surplus real property" shall not include property subject to Article 97 of the amendments to the constitution.
(c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide a suitable written notice and inquiry to the several secretaries, with a date certain for any response. If no executive office responds in writing by the date so specified that an agency has a current or foreseeable need for the real property, then the commissioner may declare said property as surplus and dispose of same in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the commissioner shall, in consultation with the secretary of administration and finance and with those responding affirmatively, determine whether the real property shall (a) be made available for current use by a state agency, (b) be retained on account of a foreseeable use by a state agency, or (c) be declared surplus real property which may be disposed of pursuant to this section.
(d) When real property is determined to be surplus to current state needs but not to foreseeable state needs, the commissioner shall take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner's ability to make such real property available to a state agency as needed.
(e) If the commissioner determines that the real property is surplus, he shall declare it available for disposition and shall identify restrictions, if any, on its use and development necessary to comply with established state plans and policies. The commissioner may conduct a public hearing to consider potential reuses and appropriate restrictions. He shall ensure that any deed, lease or other disposition agreement shall set forth all such reuse restrictions and shall provide for effective remedies on behalf of the commonwealth; provided however, in the event of a failure to comply with the said reuse restrictions by the grantee, lessee or other recipient, title or such lesser interest as may have been conveyed, shall immediately revert to the commonwealth.
(f) The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both for (1) the highest and best use of the property as may be encumbered, and (2) subject to uses, restrictions and encumbrances defined by the commissioner. In the event the commissioner receives three or more offers for such property in response to a competitive disposition process, the value may be determined based solely on such offers. In no instance in which the commonwealth retains responsibility for maintaining the said property shall the terms provide for payment of less than the annual maintenance costs.
(g) The commissioner shall dispose of surplus real property utilizing such competitive processes and procedures, as he deems appropriate. Such competitive processes may include, but are not limited to, absolute auction, sealed bids, and requests for price and development proposals.
At least 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals, and the opening thereof.
(h) The commissioner shall place a notice in the central register identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (f), he shall include the justification therefore specifying the difference between the calculated value and the price received.
(i) No agreement for the sale, lease, transfer, or other disposition of surplus real property, and no deed, executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner:
The undersigned certifies under penalties of perjury that I have fully complied with the provisions of section___ of chapter___ of the acts of 2003 in connection with the property described herein.
(j) No agreement for the sale, lease, transfer, or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7.
(k) The grantee or lessee of any surplus real property shall be responsible for all costs including but not limited to appraisals, surveys, plans, recordings and any other expenses relating to the said transfer, as shall be deemed necessary by the commissioner.
(l) This section shall not apply to the disposition of real property that is the subject of a special act having an effective date prior to that of this section.
(m) The authority granted the commissioner hereunder shall cease as of June 30, 2007; provided however, that the commissioner may complete any transaction for which agreements have been signed and delivered on or before that date.
(b) For purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
(1) "Commissioner", the commissioner of the department of capital assets.
(2) "Real property", shall be as defined in section 39A(s) of chapter 7.
(3) "State agencies", shall be as defined in section 39A(v) of chapter 7.
(4) "Temporary surplus real property", real property of the commonwealth (a) previously determined to be surplus to current but not foreseeable state needs pursuant to sections 40F or 40F1/2 of chapter 7, (b) specifically exempted from the provisions of sections 40F and 40F1/2 of chapter 7 by any special law, or (c) determined to be surplus to current but not foreseeable state needs pursuant to this section; provided, that the term "temporary surplus real property" shall not include property subject to Article 97 of the amendments to the constitution.
(c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide a suitable written notice and inquiry to the several secretaries, with a date certain for any response. If no executive office responds in writing by the date so specified that an agency has a current need for the real property, but one or more executive offices notify the commissioner that a state agency has a foreseeable need for the real property, then the commissioner may declare the real property to be temporary surplus real property and lease the said property in accordance with this section.
(d) The commissioner shall take such action as is necessary to ensure that any leasing of temporary surplus real property preserves the commissioner's ability to make such real property available to a state agency at such time as it may be needed.
(e) The commissioner shall establish the appropriate lease or rental value of temporary surplus real property predicated upon customary commercial uses. In no instance in which the state retains responsibility for maintenance of the temporary surplus real property shall the terms provide for payment of less than the annual maintenance costs.
(f) The commissioner shall solicit proposals to lease temporary surplus real property through such competitive processes and procedures, as he deems appropriate. Such competitive processes may include, but are not limited to, sealed bids and requests for proposals.
At least 30 days before the date on which bids or proposals or other offers to lease temporary surplus real property are due, the commissioner shall place a notice in the central register published by the secretary of state pursuant to section 20A of chapter 9 stating the availability of such property, the competitive process, and inviting offers to lease such property in accordance with the said process.
(g) The commissioner shall place notification in the central register identifying the individual or firm selected as party to any such lease, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (e), he shall include the justification therefore, specifying the difference between the calculated value and the price received.
(h) No agreement for the lease of one or more acres of temporary surplus real property shall be valid unless such agreement contains the following declaration, signed by the commissioner:
The undersigned certifies under penalties of perjury that I have fully complied with the provisions of section __ of chapter__ of the acts of 2003 in connection with the property described herein.
(i) No agreement for the lease of temporary surplus real property shall be valid unless the lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7.
(j) The lessee of any temporary surplus real property shall be responsible for all costs including but not limited to appraisals, surveys, plans, recordings and any other expenses relating to the said lease, as shall be deemed necessary by the commissioner.
(k) The authority granted the commissioner hereunder shall cease as of June 30, 2007; provided however, that the commissioner may complete any transaction for which lease documents have been signed and delivered on or before that date.
0810-0017 in section 2 of this act, including fringe benefits and indirect costs, to the electric industry pursuant to section 3 of chapter 24A of the General Laws.
0810-0021 in section 2 of this act may be spent only to the extent that the federal reimbursement for any expenditure from said item is not less than 75 per cent of such expenditure.
0810-0338 and 0810-0399 in section 2 of this act, the costs of said items shall be assessed pursuant to section 3 of chapter 399 of the acts of 1991. Said assessments shall be credited to the General Fund. Notwithstanding the provisions of said section 3, the amount so assessed shall be the amount appropriated in line items 0810-0338 and 0810-0399, plus an amount sufficient to recover indirect and fringe benefit costs attributable to this item.
All orders, rules and regulations duly made, and all licenses, permits, certificates and approvals duly granted by the inspector general that arise from or relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to said effective date, shall continue in force, and the provisions thereof shall thereafter be enforced, until superceded, revised, rescinded or cancelled in accordance with law, by the comptroller. All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates and approvals, and of the agencies to which the completion or enforcement thereof is transferred shall be determined by the secretary of administration and finance.
22, 35 and 225 of this act shall be construed to refer to the General Fund.
1750-0105, 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0870, 4000-0880, 4000-0890, 4000-1400, and 7061-0012 in section 2 of this act may be expended for services rendered in prior fiscal years; provided further, that not more than $1,500,000 shall be expended from 0321-1500 for services rendered in prior fiscal years; provided further, that not more than $45,000,000 shall be expended from 1108-5200 for prior-year costs incurred by the state indemnity health insurance plan and the preferred provider organization plan; provided further, that funds provided in 4405-2000 and 4408-1000 in section 2 of this act may be expended for burial expenses incurred in prior fiscal years; provided further, that not more than $60,000 shall be expended from 4200-0300 for reimbursements to providers for services rendered in prior fiscal years; and provided further, that not more than $300,000 shall be expended from 4405-2000 for reimbursements to providers for services rendered in prior fiscal years.
0699-0017, 0699-2004, 1599-0050, 1599-1970, 6000-0100, 6005-0015, 6010-1001, 6030-7201, 7006-0080, 8100-0000, 8100-0007, 8100-0011, 8400-0001, 8400-0100, 8850-0001; provided, that item 0612-1010 shall be funded 7 per cent from the Highway Fund and 93 per cent from the General Fund; and provided further, that item 0699-0015 shall be funded 44.90 per cent from the Highway Fund and 55.10 per cent from the General Fund.
0910-0210, 1100-1104, 1102-3205, 1102-3214, 1102-3231, 1150-5104, 1310-1001, 1750-0102, 1775-0600, 1775-0900, 1775-1100, 1790-0300, 2900-1100, 2900-1103, 4120-5050, 4125-0101, 4125-0122, 4180-1100, 4190-0102, 4190-1100, 4510-0615, 4510-0616, 4510-0712, 4513-1012, 4516-0263, 4518-0200, 4590-0901, 4590-0903, 4590-0912, 4590-0913, 5047-0002, 5982-1000, 7004-9315, 8100-0006, 8100-0011, 8200-0222, 8315-1020, 8315-1025, 8400-0033, 8910-0188, 8910-2222, and 8910-6619.
1201-0100 to item 1201-0160 in section 2 of this act, consistent with the costs attributable to said division.
1108-5100 in section 2 of this act.
1108-5200 in section 2 of this act.
1108-5500 in section 2 of this act may be expended for the provision of dental and vision benefits for those active employees of the commonwealth, not including employees of authorities and any other political subdivisions, who are not otherwise provided such benefits pursuant to a separate appropriation or the provisions of a contract or collective bargaining agreement. The commonwealth, on behalf of active employees, shall contribute no more than 75 per cent of the total monthly premium applicable to said benefits.
1750-0105 of section 2 of this act, the secretary of administration and finance shall charge state agencies in fiscal year 2004 as provided in this section for workers' compensation costs, including related administrative expenses, incurred on behalf of the employees of said agencies. Administrative expenses shall be allocated based on each agency's per cent of total workers' compensation benefits paid in fiscal year 2003. The personnel administrator shall administer said charges on behalf of said secretary, and may establish such rules and procedures as he deems necessary to implement the provisions of this section. The personnel administrator shall notify agencies regarding the chargeback methodology to be used in fiscal year 2004, notify agencies of the amount of their estimated workers' compensation charges for said fiscal year, and require agencies to encumber funds in an amount sufficient to meet said estimated charges. Said estimated charges for each agency shall not be less than the amount of the actual workers' compensation costs, including related administrative expenses, incurred by each such agency in fiscal year 2003, and may include such additional amounts as are deemed necessary under said regulations. For any agency that fails within 60 days of the enactment of this act to encumber funds sufficient to meet said estimated charges, the comptroller shall so encumber funds on behalf of such agency. The personnel administrator shall determine the amount of the actual workers' compensation costs incurred by each agency in the preceding month, including related administrative expenses, notify each agency of said amounts, charge said amounts to each agency's accounts as estimates of the costs to be incurred in the current month, and transfer said amounts to said item 1750-0105. Any unspent balance in said item 1750-0105 as of June 30, 2003 in an amount not to exceed 5 per cent of the amount authorized is hereby re-authorized for expenditure in fiscal year 2004. The personnel administrator is hereby authorized to expend from said item 1750-0105 in fiscal year 2004, hospital, physician, benefit, and other costs related to workers' compensation for employees of state agencies, including administrative expenses. Such expenditures may include payments for medical services provided to claimants in prior fiscal years, as well as compensation benefits and associated costs attributable to prior fiscal years.
1790-0200 in section 2 of this act, the cost of computer resources and services for the design, development, and production of reports and information required for analysis related to appropriations bills and other legislation shall not be charged to the executive office for administration and finance, the house of representatives, the senate, or any joint legislative account in fiscal year 2004.
2200-0100 in section 2 of this act shall be assessed upon certified commercial applicators, certified private applicators, licensed applicators, or contractors that spray, release, deposit, or apply pesticides at a school, day care center, or school age child care program; provided, that said companies or individuals shall pay assessments within 30 days after receiving notice from the secretary of the environment of the amounts due, as established in chapter 132B of the General Laws.
7004-9004 in section 2 of this act, to enable households in state-assisted public housing to transition to unsubsidized housing options in the private market; provided, that up to 5,000 qualified households residing in chapter 200 or chapter 705 state-assisted housing developments shall be allowed to participate in a voluntary program that allows a portion of a household's rental payments to a housing authority to be placed in escrow accounts for the purpose of making said transition affordable, including, down payment costs, closing costs, first and last month's rent, security deposit, moving costs, and appliances necessary for occupancy. Said department, subject to appropriation, shall contribute $1 for every $2 of a rental payment placed by a household in such an escrow account which shall inure to the benefit of the household. The amount of said rental payments eligible to be placed in said escrow accounts shall consist of the savings in rent payments derived by allowing an adjustment to a household's income for purposes of computing rent for the amounts withheld from a household's earned income for (1) state and federal income tax withholding payments and (2) payments for Social Security, FICA, or other retirement deductions and (3) other deductions as may be allowed by law or regulation consistent with the provisions of this item; provided further, that in promulgating regulations that allow a household's income to be so adjusted for the calculation of rental payments, said department shall establish a uniform method for calculating the amount of rent adjustments allowable under said program. Said regulations shall not include in said calculation the amounts withheld from a dependent's income nor shall the income of any such dependent be subject to escrow. A household participating in said program shall agree in writing to the minimum amount needed to be held in escrow in order to provide for said affordable transition and to a maximum amount to be held in said escrow account; provided further, that in no event, shall the amount of any escrow account exceed $10,000. Rental payments held in escrow for a household that elects not to make said transition pursuant to the written agreement or which is evicted by a housing authority for any reason shall be repaid to the housing authority and the commonwealth for the value of any rent subsidy provided to said household and the matching contribution paid by the department. A household that loses eligibility for state-assisted public housing due to increased income earnings shall use the amount held in escrow for the purposes of transition housing costs. The use of escrowed rental payments by a household for said transition costs shall be verified by the household and any funds not used for transition costs shall be recovered by the housing authority. Said department shall select housing authorities that demonstrate a willingness and capability to participate in said program; provided further, that said authorities may, for the purposes of administrative efficiency, maintain a centralized escrow account in lieu of separate accounts for each participating household; provided further, that detailed accounting records shall be maintained for each participating household by a housing authority that establishes such a centralized escrow account. Said housing authorities shall take all steps to invest said escrow accounts in investment vehicles that maximize the interest earned on said escrow accounts; provided further, that said housing authorities may retain not more than 20 per cent of any such interest earned on rental payments held in escrow to offset the costs of administering said program; provided further, that the remaining interest earnings shall be credited to the escrow account of a household. Said department shall require said housing authorities to obtain the social security numbers of households participating in said program to verify household income and deductions with the department of revenue and other parties. Rental payments held in escrow shall be treated as deductible rent for purposes of calculating Massachusetts personal income taxes pursuant to subparagraph (9) of paragraph (a) of part B of section 3 of chapter 62 of the General Laws. The release of escrow payments to a household, including interest earned thereon and the value of the matching contribution, shall not create any tax liability for such a household; provided further, that a tax liability shall be created in the event that a household does not elect to make said transition pursuant to said written agreement. Said department may transfer funds provided in item 7004-9004 to item 7004-9005 in section 2 of this act for the purposes of supplementing rental funds directed toward said program.
7004-9004, 7004-9005, 7004-9009, 7004-9030, 7004-9014, 7004-9019, 7004-9020, and 7004-9024 in section 2 of this act. As a condition of eligibility or continued occupancy by an applicant or a tenant, said department may require disclosure of the social security number of an applicant or tenant and members of such applicant's or tenant's household for use in verification of income eligibility. Said department is hereby authorized to deny or terminate participation in subsidy programs for failure by an applicant or a tenant to provide a security number for use in verification of income eligibility. Said department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency which it deems necessary to conduct such income verification. Said state agencies shall consult and cooperate with said department and furnish any information in the possession of said agencies including, but not limited to, tax returns and applications for public assistance or financial aid. The director of said department may enter into an interdepartmental service agreement with the commissioner of revenue to utilize the department of revenue's wage reporting and bank match system for the purpose of verifying the income and eligibility of participants in such federally assisted housing programs and that of members of the participants' households for the purposes of conduction such income verification.
7004-9005 in section 2 of this act shall provide subsidies to housing authorities and nonprofit organizations for deficiencies caused by certain reduced rentals in housing for the elderly, handicapped, veterans and relocated persons pursuant to sections 32 and 40 of chapter 121B of the General Laws. Said department may expend funds for deficiencies caused by certain reduced rentals which may be anticipated in the operation of housing authorities for the first quarter of the subsequent fiscal year. No monies shall be expended for the purpose of reimbursing the debt service reserve included in the budgets of housing authorities, provided further, that all funds in excess of normal utilities, operations, and maintenance costs may be expended for capital repairs.
7004-9024 in section 2 of this act; provided further, that the income of said households shall not exceed 200 per cent of the federal poverty level; provided further, that said department may award mobile vouchers to such eligible households currently occupying project based units, that shall expire due to the non-renewal of project-based rental assistance contracts. Said department, as a condition of continued eligibility for a voucher and voucher payments, may require disclosure of social security numbers by participants and members of participants' households in the Massachusetts rental voucher program for use in verification of income with other agencies, departments and executive offices in the commonwealth; provided further, that any household in which a participant or member of a participant's household shall fail to provide a social security number for use in verifying the household's income and eligibility shall no longer be eligible for a voucher or to receive benefits from said voucher program. Said vouchers shall be in varying dollar amounts and shall be set by said department based on considerations, including, but not limited to, family size, composition, income level and geographic location. The use of rent surveys shall not be required in determining the amounts of said mobile vouchers, or said project-based vouchers. Any household which is proven to have caused intentional damage to their rental unit in an amount exceeding two month's rent during any one year lease period shall be terminated from the program. A mobile voucher whose use is or has been discontinued shall be re-assigned within 90 days. Said department shall pay agencies $25 per voucher per month for the costs of administering said program; provided further, that said costs of administration shall not exceed 6 per cent of the appropriation provided herein; provided further, that said 6 per cent shall include, but not be limited to, all expenditures which may be made by said department to conduct or otherwise contract for rental voucher program inspections; provided further, that subsidies shall not be reduced for the cost of accommodating the cost of said inspections. There shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, or project-based voucher, but each household shall pay at least 30 per cent of its income as rent; provided further, that said department shall establish the amounts of the mobile vouchers, and the project based vouchers, so that the appropriation herein is not exceeded by payments for rental assistance and administration; provided further, that said department shall not enter into commitments which will cause it to exceed the appropriation set forth herein; provided further, that ceiling rents, so-called, shall not be enforced by said department. Households holding mobile vouchers shall have priority for occupancy of said project-based dwelling units in the event of a vacancy. Said department may impose certain obligations for each participant in the Massachusetts rental voucher program through a 12 month contract which shall be executed by the participant and said department; provided further, that such obligations may include, but need not be limited to, job training, counseling, household budgeting, and education, as defined in regulations promulgated by said department and to the extent such programs are available. Each participant shall be required to undertake and meet any such contractually established obligation as a condition for continued eligibility in the program; provided further, that for continued eligibility each participant shall execute any such 12 month contract on or before September 1, 2003 if his or her annual eligibility recertification date occurs between June 30, 2003 and September 1, 2003 and otherwise on or before his or her annual eligibility recertification date. Any participant who is over the age of 60 years or who is handicapped may be exempted from any obligations unsuitable under particular circumstances. The department is authorized to issue regulations for such program.
7004-9030 in section 2 of this act. Said rental assistance program shall be in the form of mobile vouchers, so-called, which shall be in varying dollar amounts and set by the department on considerations including, but not limited to, household size and composition, household income and geographic location. Any household which is proven to have caused intentional damages to their rental unit in an amount exceeding two month's rent during any one year shall be terminated from the program. Said department shall pay agencies that administer said program an allowance not to exceed $25 per voucher per month for the costs of administration. There shall be no maximum percentage applicable to the amount of income paid for rent by each household holding a mobile voucher, so-called, but each household shall be required to pay not less than 25 per cent of their net income, as defined in regulations promulgated by said department, for units if utilities are not provided by the unit owner, or not less than 30 per cent of their income for units if utilities are provided by the unit owner; provided further, that payments for said transitional rental assistance may be provided in advance. The amount of a rental assistance voucher payment for an eligible household shall not exceed the rent less the household's minimum rent obligation; provided further, that the word "rent" as used in this item shall mean payments to the landlord or owner of a dwelling unit pursuant to a lease or other agreement for a tenant's occupancy of the dwelling unit, but shall not include payments made by the tenant separately for the cost of heat, cooking fuel, and electricity; and provided further, that the department is authorized to issue regulations for such program.
4100-0060 in section 2 of this act less amounts projected to be collected in fiscal year 2004 from (1) filing fees, (2) fees and charges generated by the division's publication or dissemination of reports and information, and (3) federal financial participation received as reimbursement for the division's administrative costs. Said assessed amount shall not be less than 65 per cent of the division's expenses as specified herein.
4000-0300 in section 2 of this act, the division may incur expenses and the comptroller may certify for payment amounts up to the projected total recoveries to be received by June 30, 2004.
4000-0300 in section 2 of this act and may be expended, without further appropriation, on administrative services including those covered under an agreement between the division and the organizations participating in the initiative.
4000-0320 in section 2 of this act.
226 of this act, taking into account federal financial participation made available by such expenditures. The division of health care finance and policy shall specify by regulation appropriate policies and procedures to provide for the determination and periodic re-determination of assessment rates, including any requirements for data reporting that the division determines necessary to monitor revenues and compliance.
5920-2020 in section 2 of this act shall be used for services, including residential and interim services, to clients of the department of mental retardation including those on the waiting list on July 14, 2000.
5920-2000 in section 2 of this act, a portion not to exceed a total of $5,000,000, shall be used for services, including residential and other supports, to up to 150 members of the Rolland class.
4800-0091 in section 2 of this act, the department of child, youth and family services is hereby authorized to expend, for the purposes of purchasing hardware and information technology services for the improvement of Familynet, and for the purposes of developing a training institute, for professional development of said department's social workers, with the university of Massachusetts medical school and with Salem state college, an amount equal to 50 per cent of the receipts derived from said department's Title IV-E revenue maximization contract.
4110-4000 in section 2 of this act.
4130-3050 in section 2 of this act.
4401-1000 in section 2 of this act may be expended on recipients and former recipients of transitional aid for families with dependent children and the absent parents for up to one year after termination of their benefits. Certain parents who have not yet reached the age of 18 years, including those who are ineligible for transitional aid to families with dependent children and who would qualify for benefits under the provisions of chapter 118 of the General Laws, but for the deeming of the grandparents' income, shall be eligible to receive said services.
4403-2000 in section 2 of this act shall be equal to the standard in effect in fiscal year 2003. The payment standard shall be equal to the need standard. The payment standard for families who do not qualify for an exempt category of assistance under the provisions of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall be 2.75 per cent below the payment standard. A $40 per month rent allowance shall be paid to all households incurring a rent or mortgage expense and not residing in public housing or subsidized housing. A non-recurring children's clothing allowance in the amount of $150 shall be provided to each child eligible under these programs in September 2003. The need standard shall not be increased to implement the clothing allowance.
4403-2120 in section 2 of this act.
4405-2000 in section 2 of this act may be expended by the department of transitional assistance in collaboration with the division of medical assistance to fund an optional supplemental living arrangement category under the supplemental security income program that makes payments to persons living in assisted living residences certified pursuant to chapter 19D of the General Laws who meet the income and clinical eligibility criteria established by the department and said division. Said optional category of payments shall only be administered in conjunction with the Medicaid group adult foster care benefit.
4408-1000 in section 2 of this act shall equal the payment standard in effect under this program in fiscal year 2003. A $35 rent allowance, to the extent possible within the amount of the appropriation, shall be paid to all households incurring a rent or mortgage expense not residing in public housing or subsidized housing.
7000-9401 in section 2 of this act, the board of library commissioners may grant waivers, in a number not to exceed one-tenth the number permitted pursuant to the second paragraph of section 19A of chapter 78 of the General Laws, to any library not receiving funds as a library of last recourse for a period of not more than one year.
7000-9401 and 7000-9501, in section 2 of this act, in any fiscal year when the appropriation of said city or town for free public library services is below an amount equal to 102.5 per cent of the average of the appropriations for free public library service for the three fiscal years immediately preceding. The board of library commissioners may grant waivers permitted pursuant to the last paragraph of section 19A of chapter 78 of the General Laws.
7053-1909 in section 2 of this act for reimbursements to cities and towns for partial assistance in the furnishing of lunches to school children, including partial assistance in the furnishing of lunches to school children pursuant to chapter 538 of the acts of 1951, and for supplementing funds allocated for the special milk program. Notwithstanding the provisions of any general or special law to the contrary, payments so authorized for partial assistance in the furnishing of lunches to school children shall not exceed, in the aggregate, the required state revenue match contained in Public Law 79-396, as amended, cited as the National School Lunch Act, and in the regulations implementing said act.
7000-9501, 7030-1006, 7035-0002 and 7061-9404 of section 2 of this act shall be deposited with the treasurer of such city, town, regional school district, educational collaborative, or charter school and held as a separate account, and shall be expended by the school committee or public library, as applicable, without further appropriation.
7061-9404 in section 2 of this act shall be used for assistance and grants to cities, towns, regional school districts, charter schools, and educational collaboratives to develop or enhance academic support services for students scoring in level 1 or 2 on the Massachusetts Comprehensive Assessment System, MCAS, so called. Funds from said item shall be expended for a competitive grant program to fund developmental programs to be implemented in the summer of 2004 operated by public institutions of higher education for students who have completed high school but have not yet met the MCAS graduation standard and are working to pass the MCAS, earn a high school diploma and prepare for college level studies. For the purposes of said grant program, appropriated funds may be expended through August 31, 2004 to allow for summer academic support services and professional development for educators. Funds from said item shall be expended for a competitive grant program, guidelines for which shall be developed by the department of education, for intensive remediation programs in communities with students in the graduating classes of 2003, 2004 and 2005 who have not achieved a score of 216 or higher on either the tenth grade English Language Arts or math MCAS exams, said programs to be in place by October 1, 2003.
7061-9400 in section 2 of this act may be made available for grants to school districts to develop portfolio assessments for use in individual classrooms as an enhancement to student assessment; provided, that as much as is practicable, especially in the case of students whose performance is difficult to assess using conventional methods, such instruments shall include consideration of work samples and projects, and shall facilitate authentic and direct gauges of student performance; provided further, that such portfolio assessments shall not replace the standardized assessment based on curriculum frameworks.
8800-0100 in section 2 of this act, including associated indirect costs and fringe benefits of the program provided for therein, shall be assessed upon nuclear regulatory commission licensees operating nuclear power generating facilities in the commonwealth. The department of telecommunications and energy shall develop an equitable method of apportioning said assessments among said licensees. Said assessments shall be paid during the current fiscal year as provided by said department.
8800-0200 in section 2 of this act, including fringe benefits and indirect costs, shall be assessed upon electric companies in the commonwealth which own, in whole or in part, or purchase power from, nuclear power plants located outside the commonwealth whose nuclear power plant areas, as defined in section 2B of chapter 639 of the acts of 1950, include communities located within the commonwealth. Said assessments shall be credited to the General Fund. For the purposes of this section, the term "electric companies" shall mean all persons, firms, associations, and private corporations which own or operate works or a distributing plant for the manufacture and sale or distribution and sale of electricity within the commonwealth, but shall not include municipalities or municipal light plants.
8324-0000 in section 2 of this act, including the associated indirect costs and fringe benefits of the programs provided for therein, shall be assessed to insurance companies writing fire, homeowner's multiple peril, or commercial multiple peril policies on property situated in the commonwealth. Said companies shall pay said assessments within 30 days after receiving notice from the commissioner of insurance of the amounts due from them.
8324-0000 in section 2 of this act, the amount appropriated in said item, including the associated indirect costs and fringe benefits of the program provided for therein, shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial liability policies. Said companies shall pay said assessments within 30 days after receiving notice from the commissioner of insurance of the amounts due from them.
8324-1101 in section 2 of this act shall be expended for the enforcement of compliance standards as set forth in sections 38B to 38I, inclusive, of chapter 148 of the General Laws.
8910-0000 in section 2 of this act shall be distributed among the counties by the county government finance review board. Funds appropriated in said item shall be expended for operating and debt service costs associated with the Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of the memorandum of agreement signed May 14, 1992, between the commonwealth and Plymouth county, as amended on February 16, 1999. The funds distributed from said item shall be paid to the treasurer of each county who shall place such funds in a separate account within the treasury of each such county. Said treasurers shall authorize temporary transfers into said accounts for operation and maintenance of jails and houses of correction in advance of receipt of the amount distributed by the commonwealth from that item. Upon receipt of the commonwealth distribution, said treasurers may transfer out of such accounts an amount equal to the funds so advanced. All funds deposited in such accounts and any interest accruing thereto shall be used solely for the functions of the sheriffs' departments of the various counties including, but not limited to, maintenance and operation of jails and houses of correction, without further appropriation. The sheriff's department of each county receiving funds from said item shall reimburse the treasurer of each such county for personnel-related expenses, with the exception of salaries, attributable to the operations of the sheriff's department of each county heretofore paid by the county including, but not limited to, the cost of employee benefits. Notwithstanding the provisions of any general or special law to the contrary, no county treasurer shall retain revenues derived by the sheriffs from commissions on telephone service provided to inmates or detainees. Said revenues shall be retained by the sheriffs, not subject to further appropriation, for use in a canteen fund, so called. Each county shall expend during fiscal year 2004, for the operation of county jails and houses of correction and other statutorily authorized facilities and functions of the office of the sheriff, in addition to the amount distributed from this item, not less than 102.5 per cent of the amount expended in fiscal year 2003 for such purposes from own-source revenues. And notwithstanding the provisions of this section, the maintenance of effort obligations for Suffolk county shall be 5 per cent of the total fiscal year 2004 Suffolk county correction operating budget as approved by the county government finance review board. The department of public health shall notify the county government finance review board and the state comptroller of the costs of all services provided to inmates of county correctional facilities by Lemuel Shattuck hospital that are to be paid from item 8910-0000. Not more than 30 days after receiving such notification, said board shall certify to the comptroller the amount of such costs to be charged to this item. Upon receiving such certification, the comptroller shall effect the transfer of such amount from item 8910-0000 to item 4590-0915 of said section 2. Actual and projected payments for all such services provided by said hospital shall be considered expenditures within each county spending plan and shall be reflected as such.
1599-8085 in section 2 of this act to other items of appropriation within said section 2; provided, that said transfers shall fund costs associated with the Commonwealth's ongoing efforts to prevent acts of terrorism.
8400-0100 in section 2 of this act, including the associated indirect costs and fringe benefits of the program provided for therein, shall be assessed to insurance companies conducting motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws.
8800-0300 in section 2 of this act may be used for environmental monitoring of the nuclear power plant in Seabrook, New Hampshire, including a continuous real-time radiological monitoring system for Massachusetts cities and towns located within the emergency planning zone of said plant. The cost of said monitoring as provided for in line item 8800-0300, including fringe benefits and indirect costs, shall be assessed upon electric companies in Massachusetts which own, in whole or in part, or purchase power from said plant. For the purposes of this section, electric companies shall be defined as all persons, firms, associations, and private corporations which own or operate works or distribute electricity in the commonwealth, but shall not include municipalities or municipal light plants.
7007-0800 shall be used as the state match for federal funds received from the United States Business Administration and the United States Department of Defense.
7007-1000 shall be distributed in accordance with section 14 of chapter 23A of the General Laws.
9110-1900 in section 2 of this act for an elder service corps shall be for corpsmembers' stipends, for the cost of mailing corpsmembers' stipends, and for corpsmembers' participation in group insurance programs, as set forth in chapter 1168 of the acts of 1973. The stipend for full-time corpsmembers shall not exceed the maximum allowed under earnings limitation sections of the social security act, and the stipend for part-time corpsmembers shall not exceed $130 per month. The executive office for elder affairs shall maximize federal reimbursement for meals funded therein.
For each insurance agent appointment or renewal thereof under section 162S;.
7002-0500 in section 2 of this act and for associated indirect and direct fringe benefit costs from assessments levied pursuant to section 65 of chapter 152 of the General Laws
7002-0201 of section 2 of this act for the purpose of conducting occupational safety and health inspections, assessments and other operations as required by section 197B subsections b, c, d and f of chapter 111 of the General Laws, and sections 6A through 6F of chapter 149 of the General Laws, and for conducting employment agency inspections and other operations as required by sections 46A through and 46R of chapter 140 of the General Laws. The division of occupational safety shall use amounts in said retained revenue account for the aforesaid purposes and for no other purpose.