Section 57. Said section 5C of said chapter 29, as so appearing, is hereby further amended by striking out the last paragraph.

Section 58. The first paragraph of section 13 of chapter 29 of the General Laws, as most recently amended by section 50 of chapter 38 of the acts of 1995, is hereby further amended by striking out the words "one additional month" and inserting in place thereof the words: - fifteen additional days.

Section 59. Chapter 29B of the General Laws is hereby amended by striking out section 5 and inserting in place thereof the following section: -

          Section 5. The comptroller shall include in his report submitted pursuant to subdivision (a) of section twelve of chapter seven A a report of the state tax revenues and allowable state tax revenues for the next preceding fiscal year.

Section 60. Chapter 30 of the General Laws is hereby amended by inserting after section 46H the following new section:-

          Section 46I: In addition to his other responsibilities and duties, the personnel administrator shall have the following duties and responsibilities:

          (a) developing and maintaining information concerning occupational injuries sustained by employees entitled to compensation under the provisions of section sixty-nine of chapter one hundred and fifty-two, and concerning persons who have applied for or who have been granted disability benefits under the provisions of chapter thirty-two and requiring reports from the workers' compensation agents and from the retirement boards; and

          (b) certifying agreements for compensation for the payment of medical or other expenses or fees to or on behalf of injured employees of the commonwealth. No such compensation shall be paid without his certification.

Section 61. The definition of "Commonwealth funding schedule" in section 1 of chapter 32 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the words "and further including the commonwealth's share for the costs of any cost of living adjustments pursuant to section one hundred and two" in lines 78 to 80.

Section 62. The definition of "Commonwealth's pension liability" in said section 1 of said chapter 32, as so appearing, is hereby amended by striking the words "and to reimburse local retirement systems for cost of living adjustments pursuant to section one hundred and two" in lines 101 to 103.

Section 63. Subsection (1) of section 22C of said chapter 32, as appearing in the 1994 Official Edition, is hereby amended by striking the words "and pension liabilities assumed by the commonwealth which are associated with cost of living adjustments or other benefits for members of system [sic] other than the state employees' retirement system who are not teachers employed by the city of Boston" in lines 23 to 27.

Section 64. Subsection (a) of section 102 of said chapter 32, as appearing in the 1994 Official Edition, is hereby amended by striking the second sentence in lines 13 to 24.

Section 65. Paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding at the end thereof after sub-paragraph (j) in lines 94 through 103, the following new sub-paragraph:-

          (K) Income from any annuity, pension, endowment or retirement fund of the United States government maintained for the benefit of veterans of the armed forces of the United States.

Section 66. Subparagraph (8) of paragraph (a) of subsection B of section 3 of chapter 62 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the words "six hundred dollars" in line 80 after the word "Code" and inserting in place thereof the words:- sixteen hundred dollars.

Section 67. Subsection (a) of section 4 of chapter 62 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting in line 6, after the word "percent", the following:- for taxable years beginning before January first, nineteen hundred and ninety-eight; ten and eight tenths percent for taxable years beginning on or after January first, nineteen hundred and ninety-eight and before January first, nineteen hundred and ninety-nine; nine and sixth tenths percent for taxable years beginning on or after January first, nineteen hundred and ninety-nine, and before January first, two thousand; eight and four tenths percent for taxable years beginning on or after January first, two thousand, and before January first, two thousand and one; seven and two tenths percent for taxable years beginning on or after January first, two thousand and one and before January first, two thousand and two; and five and ninety-five hundredths percent for taxable years beginning on or after January first two thousand and two.

Section 68. Sections twenty-two B through twenty-two D of chapter sixty-three of the General Laws are hereby repealed.

Section 69. Section 31A of chapter 63 of the General Laws, as most recently amended by section 207 of chapter 151 of the Acts of 1996, is hereby further amended by striking out paragraphs (a),(f), (k), and (l) and inserting in place of paragraph (l) the following paragraph:-

          (l) The provisions of paragraphs (i) and (j) shall be available for the taxable years ending on or after December thirty-first, nineteen hundred and ninety-three.

Section 70. Chapter 63 of the General Laws is hereby amended by inserting after section 38P the following new section:­

          Section 38Q. (a) When used in this section, the following terms shall have the following meanings:

          "Allowable cost of training", the actual costs to a corporation of providing approved training to an employee of the corporation. For approved training delivered by the corporation itself, such costs shall be limited to the wages and benefits of instructors, consultant fees, equipment costs, and costs of materials and supplies to the extent that the foregoing are dedicated to providing training and pro­rated on a per employee basis, but excluding costs of facilities, travel, wages and benefits of employees receiving training, and wages and benefits of administrative or managerial personnel other than those overseeing training on a full­time basis. For approved training delivered by a third party vendor or institution, such costs shall be limited to the charges and fees of said third­party vendor or institution paid by the corporation attributable to the employee and shall exclude, without limitation, costs of travel and of wages and benefits of employees receiving training.

          "Approved training", training to enhance the work­related skills and capabilities of an employee provided that such training (i) includes not less than thirty hours of instruction for the employees and (ii) is delivered as part of a program approved for the purposes of this section by a regional employment board with jurisdiction over the region within which the employee to be trained is employed or by a regional employment board with jurisdiction over the region within which the training program is to be carried out in accordance with guidelines issued by the department of employment and training.

          "Average number of qualified employees", an average computed by dividing the sum of the number of qualified employees of said corporation in Massachusetts who are reported to the Massachusetts department of revenue for each quarter of a given taxable year by four.

          "Baseline year", the taxable year for which the Massachusetts corporation employed the greatest average number of qualified employees of the three taxable years immediately preceding the reference year; provided, that in case of a corporation that has had a change in ownership during the reference year or during any of the three taxable years immediately preceding the reference year, the baseline year shall be determined as provided in subparagraph (b)(2); and provided further, that in the case of a new Massachusetts corporation, doing business in the commonwealth for less than three years, the baseline year shall be the taxable year for which the Massachusetts corporation employed the greatest average number of qualified employees of the years during which the company was doing business in the commonwealth. If the reference year is the first year that the company was doing business in the commonwealth, then the baseline year shall be the year prior to the reference year and the average number of qualified employees during the baseline year shall be zero.

          "Qualified employee", an individual who (i) is employed by a Massachusetts corporation; (ii) works on a full­time basis with a normal work week of thirty or more hours, (iii) at the inception of the employment relationship described in clause (i) does not have a termination date which is either a date certain or determined with reference to the completion of some specified scope of work; and (iv) is eligible to receive employee benefits including paid holidays, vacation, sick time, unemployment benefits, and a minimum of fifty­percent of the cost for coverage under an insured group health plan or a self­funded employer group health plan including medical, surgical and hospital care benefits.

          (b) Corporations shall be allowed a credit pursuant to this section for the cost of employee training as follows:

          (1) For each employee of a corporation subject to tax under this chapter receiving approved training during a taxable year, a credit shall be allowed against the excise imposed on said corporation by this chapter equal to fifty percent of the allowable cost of training incurred by said corporation in providing training to said employee; provided, that the aggregate number of employees for whom the credit is taken in any taxable year shall not exceed the number of net new qualified employees of said corporation for said taxable year; and provided further, that the maximum amount of the credit that may be claimed with respect to any individual employee who receives training shall be three thousand five hundred dollars. The number of net new qualified employees of said corporation for the reference year shall be the remainder, if any, of (i) the average number of qualified employees of said corporation for the reference year, minus (ii) the average number of qualified employees of said corporation for the baseline year.

          (2) In the case of a corporation that has had a change in ownership including the creation of a new subsidiary or corporate affiliate of a corporation subject to tax under this chapter, during the reference year or during any of the three taxable years immediately preceding the reference year, the number of net new qualified employees of said corporation shall be determined as follows: (i) identify all corporations that were created, dissolved, merged, acquired, sold, or otherwise involved in the change of ownership; (ii) determine the average number of qualified employees employed by each said corporation in Massachusetts during the reference year and during each of the three taxable years immediately preceding the reference year; provided, that, if the change in ownership occurred during the reference year, the average number of qualified employees for the reference year shall be determined after said change in ownership; (iii) determine the sum of the average number of qualified employees of all said corporations for the reference year and for each of the three taxable years immediately preceding the reference year; (iv) the baseline year shall be the year with the greatest sum of the average number of qualified employees of the three taxable years immediately preceding the reference year. The number of net new qualified employees shall be the remainder, if any, of the sum of the average number of qualified employees during the reference year, minus the sum of the average number of qualified employees for the baseline year of all said corporations.

          (c) Any Massachusetts corporation entitled to a credit under this section for any taxable year may carry over and apply to the tax for any one or more of the next succeeding ten taxable years, the portion, as reduced from year to year, of those credits that exceed the tax for the taxable year.

          (d) Any credit pursuant to this section shall be subject to the following additional conditions:­

          (1) The credit allowed by this section may not be used to reduce the tax liability of a corporation below any minimum excise imposed under chapter sixty-three. The credit allowed by this subsection shall be applied after any other credit to which the corporation is entitled.

          (2) For purposes of this section, the commissioner of revenue may aggregate the activities of all entities, whether or not incorporated, under common control as defined in subsection (f) of section forty­one of the Federal Internal Revenue Code.

          (3) The commissioner of revenue shall promulgate such rules and regulations necessary to implement the provisions of this section. Such rules and regulations may provide for the adjustment of prices and elimination of transactions between related taxpayers to ensure that all amounts upon which the credit is based reasonably reflect fair market value. In addition, such rules and regulations shall include provisions to prevent the generation of multiple credits with respect to the same employees.

Section 71. Section 1 of chapter 64H of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking from the definition of "'sale at retail' or 'retail sale'" the provisions relating to telecommunications services in lines 128 through 143, beginning with the word "In" at the end of line 128.

Section 72. Section 1 of said chapter 64H, as so appearing, is hereby further amended by striking the definition of "Services" in lines 170 through 180.

Section 73. Section 1 of said chapter 64H, as so appearing, is hereby amended by striking the definition of "Telecommunications Services" in lines 191 through 196.

Section 74. Section 1 of said chapter 64H, as so appearing, is hereby further amended by striking the definition of "Telecommunications Services" in lines 191 through 196 and inserting in place thereof the following definition:-

          "Telecommunications services", any transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiberoptics, laser, microwave, radio, satellite or similar facilities; provided, that telecommunications services shall be limited to basic transmission services and shall not include cable television or any other enhanced services.

Section 75. Section 2 of said chapter 64H, as so appearing, is hereby amended by adding at the end thereof the following paragraph:-

          For the purpose of imposing an excise upon the sale or use of telecommunications services, as defined in section one, the following rates shall be in force and effect: four percent for sales billed in the regular course of business on or after January first, nineteen hundred and ninety-eight through December thirty-first, nineteen hundred and ninety-eight; three percent for sales billed in the regular course of business on or after January first, nineteen hundred and ninety-nine through December thirty-first, nineteen hundred and ninety-nine; two percent for sales billed in the regular course of business on or after January first, two thousand through December thirty-first two thousand; one percent for sales billed in the regular course of business on or after January first, two thousand and one through December thirty-first two thousand and one; and zero percent for sales billed in the regular course of business on or after January first, two thousand and two.

Section 76. Section 2 of chapter 64H of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the words "For the purpose of imposing an excise upon the sale or use of telecommunications services, as defined in section one, the following rates shall be in force and effect: four percent for sales billed in the regular course of business on or after January first, nineteen hundred and ninety-eight through December thirty-first, nineteen hundred and ninety-eight; three percent for sales billed in the regular course of business on or after January first, nineteen hundred and ninety-nine through December thirty-first, nineteen hundred and ninety-nine; two percent for sales billed in the regular course of business on or after January first, two thousand through December thirty-first two thousand; one percent for sales billed in the regular course of business on or after January first, two thousand and one through December thirty-first two thousand and one; and zero percent for sales billed in the regular course of business on or after January first, two thousand and two."

Section 77. Chapter 70 of the General Laws, as appearing in the 1994 Official Edition, is hereby further amended by striking out section 11, and inserting in place thereof the following section:-

          Section 11. If in any fiscal year a district's actual expenditure for public education is less than the amount required to be appropriated for public education pursuant to this chapter, the difference, up to five percent of the amount required to be appropriated, shall be spent for public education in the following fiscal year; provided, that any unexpended funds, whether appropriated to the school committee account or to town accounts for expenditure to meet public education costs, shall be deemed reappropriated for public education in the following year without further action by the appropriating authority; provided further, that the amount of state school aid for the following fiscal year shall be reduced by the amount said difference exceeds five percent of the amount required to be appropriated; and provided further, that in any year in which additional money is required to be spent due to a spending deficiency in the prior year, if a district fails to spend the carried forward amount or under-spends its current year budget by more than five percent of the amount required to be appropriated for that year, state school aid in the following year shall be reduced by the entire difference between those amounts. The board shall promulgate regulations to enforce the provision of this section.

Section 78. The fourteenth paragraph of section 38G of chapter 71 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Certificates granted by the board prior to October first, nineteen hundred and ninety-four are hereby deemed standard certificates, which shall be renewed every five years; provided, however, that initially the board of education shall phase in certificates over a five-year period, such that the revenue collected from fees for such certificates will fully fund the annual cost of the teacher certification bureau at the department of education, and other activities funded from item 7061-9605 in section two of this act.

Section 79. Section 89 of chapter 71 of the General Laws, as most recently amended by sections 223, 224, and 225 of chapter 151 of the acts of 1996, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-

          The board of education shall make the final determination on granting charter school status and may condition charters on the charter school's taking certain actions or maintaining certain conditions. No more than seventy-five charter schools shall be allowed to operate in the commonwealth at any time. The total number of students attending charter schools in the commonwealth shall not be greater than ten percent of the total number of students attending public schools in the commonwealth.

Section 80. The seventh paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting in line 184 after the word "proper" the following words:- In addition, the registrar may authorize the issuance of distinctive number plates depicting a graphic or other design and may allow private and public entities to sponsor said distinctive number plates. Private sponsors shall be limited to corporations exempt from taxation under the laws of the commonwealth as non-profit entities. The registrar, with the approval of the secretary of administration and finance, may establish criteria governing the issuance of any such plate, which may include, but shall not be limited to, graphic design standards, minimum plate sale requirements, and rules for determining the fee to be charged for any such plate pursuant to section three B of chapter seven of the General Laws, and the portion of the fee to be transferred to a sponsor. For public safety purposes, graphic design standards the registrar establishes shall include a requirement that the plate design not interfere with the legibility of the registration number. The criteria the registrar establishes shall be minimum standards for consideration of a proposal for a distinctive plate, and nothing in this section shall require the registrar to approve the issuance of a distinctive plate because it satisfies the minimum standard criteria if, in his determination, the issuance of such plate would not be in the public interest. The registrar's decision to issue a distinctive license plate shall be subject to the approval of the secretary of administration and finance. The portion of the special plate fee retained by the commonwealth shall include an amount to be transferred to the department of correction Prison Industries Enterprise Fund for the purchase of said plate from the department of correction. The amount made available to the plate sponsor shall be deposited into a trust account, to be established within the registry of motor vehicles, for transfer to the plate sponsor. Neither the refusal of the registrar or the secretary to approve the issuance of a distinctive plate, nor any act or omission of the registry in connection with the issuance of any approved plate, including but not limited to the failure to issue such plate in a timely manner, shall provide the plate sponsor or any other person, with any claim or cause of action against the commonwealth or any of its agencies including the registry, or any of its officers or employees.

Section 81. Section 7A of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the second, third, fourth, fifth, and sixth sentences in lines 62 through 84 and inserting in place thereof the following sentence:- Such fees shall be deposited in the Highway Fund.

Section 82. Section 72Y of chapter 111 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the seventh, eighth, and tenth paragraphs.

Section 83. Section 197E of chapter 111 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking the words "loan program" in line 1 and inserting in place thereof the words:- revolving loan fund.

Section 84. Chapter 117A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out section 4 and inserting in place thereof the following section:-

          Section 4. Any person who is not a citizen of the United States is eligible for benefits under this chapter only if he is a resident of the commonwealth on July first, nineteen hundred and ninety-seven.

Section 85. Paragraph (g) of subsection (2) of section 9A of chapter 118E, as added in section 14 of chapter 203 of the acts of 1996, is hereby amended by striking out the last clause beginning with the words "provided, further," and inserting in place thereof the following words:- provided further, that such eligibility requirements may include persons who are employed intermittently or on a non-regular basis, as defined in regulations the division may promulgate.

Section 86. Paragraph (h) of subsection (2) of section 9A of chapter 118E of the General Laws, as added by section 14 of chapter 203 of the acts of 1996, is hereby amended by striking the word "provisions", and inserting in place thereof the word: - clauses.

Section 87. Said section 9A of said chapter 118E, as so appearing, is hereby further amended by striking out subsection (4) and inserting in place thereof the following subsection:-

          (4) The terms and conditions of the demonstration project shall provide that the division may, for any and all beneficiaries, vary the amount, duration, and scope of medical benefits, establish differing managed care options, and restrict the freedom of beneficiaries to choose health care providers.

Section 88. The first sentence of subsection (8) of said section 9A of said chapter 118E of said chapter 118E is hereby amended by striking out the word "shall" and inserting in place thereof the word: - may.

Section 89. Subsection (8) of section 9B of said chapter 118E, as added in section 14 of chapter 203 of the acts of 1996, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The division shall establish an allocation method to account separately for the costs of medical benefits incurred by traditional beneficiaries and by expansion beneficiaries.

Section 90. Section 30 of chapter 118E, as appearing in the 1994 Official Edition, is hereby amended by striking out the second sentence in lines 3 and 4, and inserting in place thereof the following sentence: - Payment shall be made to the provider, institution or insurance entity supplying medical services.

Section 91. Section 31 of chapter 118E of the General Laws, as most recently amended by section 133 of chapter 38 of the acts of 1995, is hereby further amended by inserting at the end thereof the following subsection:-

          (d) The division is also authorized during an individual's lifetime to recover all assistance correctly provided on or after April first, nineteen hundred and ninety-five, if property against which the division has a lien or encumbrance under section thirty-four is sold. No lien or encumbrance shall be valid against any bona fide purchaser for value or take priority against any subsequent mortgagee for value unless and until it is recorded in the registry of deeds where the property lies.

          Repayment shall not be required under this subsection while any of the following relatives lawfully resides in the property: (1) a sibling who had been residing in the property for at least one year immediately prior to the individual being admitted to a nursing facility or other medical institution; or (2) a son or daughter who (i) had been residing in the property for at least two years immediately prior to the parent being admitted to a nursing facility or other medical institution; and (ii) establishes to the satisfaction of the division that he or she provided care which permitted the parent to reside at home during that two year period rather than in an institution; and (iii) has lawfully resided in the property on a continuous basis while the parent has been in the medical institution.

          If repayment is not yet required because a relative specified above is still lawfully residing in the property and the individual wishes to sell the property, the purchaser shall take subject to the lien or the division shall release the lien if the individual agrees to (1) either set aside sufficient assets to satisfy the lien or give bond to the division with sufficient sureties and (2) repay the division as soon as the specified relative is no longer lawfully residing in the property. Notwithstanding the foregoing or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien.

          This subsection shall not limit the division's ability to recover from the individual's estate under subsections (a) or (b) or as otherwise provided under any general or special law.

Section 92. Section 32 of chapter 118E of the General Laws as most recently amended by section 135 of chapter 38 of the acts of 1995, is hereby further amended by striking out subsections (b) and (c) and inserting in place thereof the following subsections:-

          (b) The division may present claims against a decedent's estate as follows:

          (1) within four months after approval of the official bond of the executor or administrator, file a written statement of the amount claimed with the registry of probate where the petition was filed and deliver or mail a copy thereof to the executor or administrator. The claim shall be deemed presented upon the filing of the claim in the registry of probate; or

          (2) within one year after date of death of the decedent, commence an action under the provisions of section nine of chapter one hundred and ninety-seven.

          (c) When presenting its claim by written statement under subsection (b), the division shall also notify the executor or administrator of (1) the circumstances and conditions which must exist for the division to be required to defer recovery under section thirty-one and (2) the circumstances and conditions which must exist for the division to waive recovery under its regulations for undue hardship.

          (d) The executor or administrator shall have sixty days from the date of presentment to mail notice to the division by certified mail of one or more of the following findings: (1) the claim is disallowed in whole or in part, or (2) circumstances and conditions where the division is required to defer recovery under section thirty-one exist, or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. A notice under subsection (d)(2) or (d)(3) shall state the specific circumstances and conditions which exist and provide supporting documentation satisfactory to the division. Failure to mail notice under subsection (d)(1) shall be deemed an allowance of the claim. Failure to mail notice under subsection (d)(2) shall be deemed an admission that the circumstances or conditions where the division is required to defer recovery under section thirty-one do not exist. Failure to mail notice under subsection (d)(3) shall be deemed an admission that the circumstances and conditions for the division to waive recovery for undue hardship under its regulations do not exist.

          (e) If the division at any time within the period for presenting claims under subsection (b) amends the amount due, the executor or administrator shall have an additional sixty days to mail notice to the division under subsection (d)(1).

          (f) If the division receives a disallowance under subsection (d)(1), the division may commence an action to enforce its claim in a court of competent jurisdiction within sixty days after receipt of said notice of disallowance. If the division receives a notice under subsection (d)(2) or (d)(3), with which it disagrees, the division may commence an action in a court of competent jurisdiction within sixty days after receipt of said notice. If the division fails to commence an action after receiving a notice under subsection (d)(2), the division shall defer recovery while the circumstances or conditions specified in said notice continue to exist. If the division fails to commence an action after receiving a notice under subsection (d)(3), the division shall waive recovery for undue hardship.

          (g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this section shall bear interest at the rate provided under section six B of chapter two hundred thirty-one commencing four months plus sixty days after approval of the official bond of the executor or administrator.

          Notwithstanding the foregoing, if the division fails to commence an action after receipt of a notice under subsection (d)(2), interest at the rate provided under section six B of chapter two hundred thirty-one shall not commence until the circumstances or conditions specified in the notice received by the division under subsection (d)(2) cease to exist. The executor or administrator shall notify the division within thirty calendar days of any change in the circumstances or conditions asserted in the subsection (d)(2) notice, and upon request by the division, shall provide updated documentation verifying that the circumstances or conditions continue to exist.

          If the division's claim has been allowed as provided herein and no circumstances and conditions requiring that the division defer recovery under section thirty-one exist, it may petition the probate court for an order directing the executor or administrator to pay the claim to the extent that funds are available or for such further relief as may be required.

Section 93. Said section 32 of said chapter 118E is hereby further amended by relettering, in lines 50 and 57, the current subsections "(d)" and "(e)" as subsections "(h)" and "(i)", and by inserting at the end thereof the following new subsection:-

          (j) If the executor or administrator wishes to sell or transfer any real property against which the division has filed a lien or claim not yet enforceable because circumstances or conditions specified in section thirty-one continue to exist, the division shall release the lien or claim if the executor or administrator agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give bond to the division with sufficient surety or sureties and (2) repay the division as soon as the circumstances or conditions which resulted in the lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing provision or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien or claim.

Section 94. Chapter 118E of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking section 33 and inserting in place thereof the following section:-

          Section 33. No claim for costs of nursing facility and other long term care services may be made by the division under sections thirty-one or thirty-two if the individual receiving medical assistance was permanently institutionalized, had notified the division that he or she had no intent on returning home, and had on the date of admission to the nursing facility or other medical institution long term care insurance that met the requirements of 211 C.M.R. 65.00.