Local Aid - Use of 1994 Census
Section 4. Notwithstanding the provisions of clause forty-one of section seven of chapter four of the General Laws, or any other general or special law to the contrary, the commissioner of revenue or any other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to the provisions of section twenty-five A of chapter fifty-eight of the General Laws shall use the nineteen hundred and ninety-four city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under said local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the chapter seventy school aid program, so called, and aid to regional public libraries. Such assessments shall include, but not be limited to, air pollution control districts, the metropolitan area planning council, the old colony planning council, the Massachusetts Bay Transportation Authority, and any other entity for which said commissioner is required to give notice pursuant to said section twenty-five A.
Advance Local Aid Payments
Section 5. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.
Gas Tax Distribution
Section 6. Notwithstanding the provisions of section thirty-one of chapter eighty-one of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining, and policing city or town streets or roads, as appropriated in item 6910-0000 of section two of this act, shall be distributed in fiscal year nineteen hundred and ninety-seven in the same proportion as the fiscal year nineteen hundred and ninety-six distribution of said Highway Fund reimbursements.
Affirmative Action Policy
Section 7. All sums appropriated under the provisions of this act shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women, and handicapped persons. All officials and employees of any department, board, commission or institution of the commonwealth receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each department, board, commission or institution, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs, and all terms and conditions of employment. Such affirmative action program shall include efforts required to remedy the effects of present and past discriminatory patterns and practices and any action necessary to guarantee equal opportunity for members of minority groups, women, and handicapped persons. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various departments, boards, commissions or institutions, to determine whether such entities are complying with the intent of this section. Whenever such noncompliance is determined by the secretary, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular department, board, commission or institution, to the governor, and to the Massachusetts commission against discrimination.
Office of New Americans Authority for Welfare Matters
Section 8. Clause (h) of section 207 of chapter 6 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out in lines 19 to 21 the words "; provided, however, that no responsibility of the department of public welfare under chapter 118 or chapter 118E of the General Laws shall be transferred to the office".
Procurement Rules
Section 9. Sections fifty-two, fifty-three, fifty-four and fifty-five of chapter seven of the General Laws are hereby repealed.
Trust Fund for Head Injury Treatment Services
Section 10. Chapter 10 of the General Laws is hereby amended by striking out section 59 and inserting in place thereof the following section:--
Section 59. There shall be established on the books of the commonwealth a separate fund to be known as the Trust Fund for Head Injury Treatment Services. Said trust fund shall consist of monies paid to the commonwealth pursuant to the provisions of section twenty-four of chapter ninety, as well as any interest or investment earnings on such monies. The commissioner of disability services shall serve as the trustee of said trust fund which shall be administered for the benefit of persons with head injuries. The state treasurer, ex officio, shall be the custodian of the trust fund, and shall receive, deposit and invest all monies transmitted to him under the provisions of this section, and shall credit interest and earnings on said monies to the trust fund. Upon request of said commissioner in his capacity as trustee, the state treasurer shall pay out of the income and receipts of the trust fund for the purposes of developing and maintaining nonresidential rehabilitation services for head injured persons in such manner as the trustee may direct. Annually on the first Wednesday of December said commissioner shall submit to the state budget director, the secretary of administration and finance, and the house and senate committees on ways and means a report on the activities of the trust fund during the previous fiscal year. All monies deposited in the trust fund shall be made available for head injury treatment services, as authorized herein, and may be used for the purposes stated herein without further appropriation; provided, that any balance in the fund at the close of a fiscal year shall be available for expenditure in the subsequent fiscal year, and shall not revert to the General Fund.
Eligibility of Lottery Winners for Public Assistance
Section 11. Chapter 10 of the General Laws is hereby amended by inserting after section 28A the following new section:--
Section 28B. The commission shall, on a monthly basis, transmit to the department of transitional assistance a current list of all persons who were the holders of any winning ticket in excess of six hundred dollars in the prior month. The information shall be provided in a format which is compatible with the layout of the automated data processing system of the department of transitional assistance, to ensure the immediate identification of persons who may be receiving public assistance benefits. The information provided shall include the name, address, and social security number of the holder of the winning ticket.
Establishment of Tuition Retention Trust Funds
Section 12. Chapter 15A of the General Laws is hereby amended by inserting after section 9 the following sections:--
Section 9A. Monies received by the board of trustees of a public university from application fees and tuition charges, excluding those fees and charges received on account of summer and evening sessions, shall be deemed funds received on account of the commonwealth and shall be credited on the books of the commonwealth to a separate fund to be known as the university tuition retention trust fund which the state comptroller shall establish pursuant to the provisions of section seven of chapter seven A of the General Laws. Said fund shall be accounted for on the Massachusetts management accounting and reporting system (MMARS). The state treasurer shall act as custodian of the fund
Each public university campus shall have its own account within the university tuition retention trust fund. Each such account shall be credited with monies received from each institution. Monies from each such account shall be disbursed at the direction of the said campus from which the monies in the account originated, in accordance with the annual financial plan prepared by the board of trustees of each said campus and approved by the board of higher education and the fiscal policy division; provided, that any balance in any such account at the close of a fiscal year shall be available for expenditure in the subsequent fiscal year, and shall not revert to the General Fund. Each such financial plan shall provide for disbursement and expenditures for the operation, administration, and maintenance of said campus; provided, that such expenditures may include capital improvements, financial assistance, and salaries for personnel, up to a maximum established in the board of higher education's guidelines; provided further, that said funds, all collection of said funds, and all expenditures of said funds shall be subject to guidelines prepared by said board and subject to audit by the chief education officer of the commonwealth
Section 9B. Monies received by the board of trustees of a state college from application fees and tuition charges, excluding those fees and charges received on account of summer and evening sessions, shall be deemed funds received on account of the commonwealth and shall be credited on the books of the commonwealth to a separate fund to be known as the state college tuition retention trust fund which the state comptroller shall establish pursuant to the provisions of section seven of chapter seven A of the General Laws. Said fund shall be accounted for on the Massachusetts management accounting and reporting system (MMARS). The state treasurer shall act as custodian of the fund.
Each state college shall have its own account within the state college tuition retention trust fund. Each such account shall be credited with monies received from each college. Monies from each such account shall be disbursed at the direction of the college from which the monies in the account originated, in accordance with the annual financial plan prepared by the board of trustees of each said college and approved by the board of higher education and the fiscal policy division; provided, that any balance in any such account at the close of the fiscal year shall be available for expenditure in the subsequent fiscal year, and shall not revert to the General Fund. Each such financial plan shall provide for disbursement and expenditures for the operation, administration, and maintenance of said college; provided, that such expenditures may include capital improvements, financial assistance, and salaries for personnel up to a maximum established in the board of higher education's guidelines; provided further, that said funds, all collection of said funds, and all expenditures of said funds shall be subject to guidelines prepared by said board and subject to audit by the chief education officer of the commonwealth.
Section 9C. Monies received by the board of trustees of a community college from application fees and tuition charges, excluding those fees and charges received on account of summer and evening sessions, shall be deemed funds received on account of the commonwealth and shall be credited on the books of the commonwealth to a separate fund to be known as the community college tuition retention trust fund which the state comptroller shall establish pursuant to the provisions of section seven of chapter seven A of the General Laws. Said fund shall be accounted for on the Massachusetts management accounting and reporting system (MMARS). The state treasurer shall act as custodian of the fund.
Each community college shall have its own account within the community college tuition retention trust fund. Each such account shall be credited with monies received from each college. Monies from each such account shall be disbursed at the direction of the college from which the monies in the account originated, in accordance with the annual financial plan prepared by the board of trustees of each said college and approved by the board of higher education and the fiscal policy division; provided, that any balance in any such account at the close of a fiscal year shall be available for expenditure in the subsequent fiscal year, and shall not revert to the General Fund. Each such financial plan shall provide for disbursement and expenditures for the operation, administration, and maintenance of said institution; provided, that such expenditures may include capital improvements, financial assistance, and salaries for personnel up to a maximum established in the board of higher education's guidelines; provided further, that said funds, all collection of said funds, and all expenditures of said funds shall be subject to guidelines prepared by said board and subject to audit by the chief education officer of the commonwealth.
Domestic Violence Prevention Services
Section 13. Section 2 of chapter 18B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out sub-section (14) and inserting in place thereof the following sub-section:--
(14) domestic violence prevention services for children and families;
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