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Section 95. Clause (5) of section 36 of chapter 118E of the General
Laws, as most recently amended by section 273 of chapter 151 of
the acts of 1996, is hereby further amended by striking out the
words "participation in the programs as a skilled nursing
or acute or non-acute hospital shall be limited to providers who".
Section 96. Section 7 of chapter 118G of the General Laws, as
added by section 275 of chapter 151 of the acts of 1996, as amended
by sections 28 and 29 of chapter 204 of the acts of 1996, is hereby
amended by striking the ninth paragraph. Section 97. Section 48A of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
out the first line and inserting in place thereof the word:- The.
Section 98. Section 48A of said chapter 127, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The commissioner of the department of correction, or his or her
designee, shall expend any part of inmate earnings to satisfy
the victim and witness assessment ordered by a court pursuant
to section eight of chapter two hundred and fifty-eight B. The
remaining earnings, if any, shall be broken out in the following
manner: for those inmates employed by companies participating
in the federal private industry enhancement (PIE) program, twenty
percent shall be deposited into the victim and witness assistance
fund; the remainder shall be allocated as the commissioner sees
fit among the following uses: to offset the costs associated with
the inmate's incarceration, for purchases within the institution
by said inmate, and for deposit into an interest-bearing account
by the commissioner of the department of correction in a bank
approved by the state treasurer and paid to the inmate, with the
accrued interest, upon release from imprisonment in such installments
and at such times as may be prescribed by rules and regulations,
or as the commissioner of the department of correction shall designate;
for those inmates not participating in the PIE program, ten percent
shall be deposited into the victim and witness assistance fund;
ten percent shall be used to offset the costs associated with
the inmate's incarceration; of the remaining eighty percent, one
half shall be credited to the inmate and may be used by said inmate
for purchases within the institution and one half shall be accumulated
to the credit of the inmate and shall be deposited in an interest-bearing
account by the commissioner of the department of correction in
a bank approved by the state treasurer and paid to the inmate,
with the accrued interest, upon release from imprisonment in such
installments and at such times as may be prescribed by rules and
regulations, or as the commissioner of the department of correction
shall designate. In the case of an inmate who is a defective delinquent
or a sexually dangerous person or who is serving a life term,
the superintendent may expend fifty percent of earnings on the
costs associated with incarceration and the remaining fifty percent
shall be deposited into the victim and witness assistance fund.
Section 99. The fourth paragraph of said section 48A of said chapter
127, as so appearing, is hereby amended by striking the words
in line 1 and inserting in place thereof the following words:-
The commissioner. Section 100. Section 51 of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
out, in lines 7 and 8, the words " but no contract shall
be made for the labor of prisoners". Section 101. Chapter 127 of the General Laws is hereby amended by inserting after section 51 the following new sections:- Section 51A. The commissioner may contract with private entities to: (1) employ inmates, (2) invest in prison-based businesses owned by the commonwealth, (3) purchase goods and services from prison-based business, (4) manage prison-based businesses owned by the commonwealth, or (5) establish prison-based businesses.
Section 51B. Wages paid to an inmate in consideration of employment
resulting from a business established pursuant to section fifty-one
A, shall be paid at a rate which is not less than that paid for
work of a similar nature in the locality in which the work is
to be performed; provided, however, that the commissioner shall
be authorized to deduct and disperse from wages so paid financial
contributions sufficient to qualify said business under the eligibility
requirements set forth in paragraph (c) of section 1761 of title
18 of the United States Code, annotated, as most recently amended
by United States Public Law 98-473 Title II, Chapter VI, Section
609K, including deductions and disbursements for federal, state,
and local taxes. After said deductions, the remaining wages earned
by inmates shall be distributed according to the provisions of
section forty-eight A. Section 102. Sections fifty-four, fifty-five, fifty-six, fifty-eight,
and sixty-seven of chapter one hundred twenty-seven of the General
Laws are hereby repealed. Section 103. Section 66 of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
in line one the words "subject to appropriation from the
General Fund, the" and inserting in place thereof the following
word:- The. Section 104. Section 71 of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
the first paragraph and the first sentence in the second paragraph.
Section 105. Section 72 of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
1 the words "Subject to appropriation, the" and inserting
in place thereof the word:- The. Section 106. Section 131 of chapter 127 of the General Laws, as
appearing in the 1994 Official Edition is hereby amended by inserting
in line 2 after the word "parole" the words:- including
payment of a parole fee in the amount of thirty-five dollars per
month. Section 107. Said section 131 of said chapter 127, as so appearing, is hereby amended by adding at the end thereof the following paragraph:-
The parole board may waive payment of the parole fee in whole
or in part if it determines that such payment would constitute
an undue hardship on said person or his family due to limited
income, employment status, or any other factor. Said parole fee
shall be collected pursuant to regulations promulgated by the
parole board and transmitted to the state treasurer for deposit
into the Victim and Witness Assistance Fund established by section
forty-nine of chapter ten and shall be expended only for the purposes
set forth in chapter two hundred and fifty-eight C. Section 108. Section 37 of chapter 130 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
out the third paragraph in lines 11 through 13. Section 109. The fifth paragraph of section 57 of chapter 130
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:- Said license shall be
for a period of no less than five years and may be renewed for
additional periods of at least fifteen years. Section 110. Section 64 of chapter 130 of the General Laws, as
appearing the 1994 Official Edition, is hereby amended by deleting
the words "five nor more than twenty-five" in line 3
and inserting in place thereof the following words:- "twenty-five
nor more than one hundred and fifty." Section 111. Said section 64 of said chapter 130, as so appearing,
is hereby further amended by adding at the end thereof the following
sentences:- The annual fee shall not exceed fifty dollars per
acre per year during the first five years of a license term. Annual
fees shall not be increased by the city or town more than one
hundred percent per year. Section 112. Section 66 of chapter 130 of the General Laws, as
appearing the 1994 Official Edition, is hereby amended by striking
the words "three nor more than twenty" in lines 4 and
5 and inserting in place thereof the following words:- one hundred
nor more than five hundred. Section 113. Section 74 of chapter 152 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by inserting
after the word "twenty-seven" in line 9 the following
words:- ; provided, however, that said sections shall apply to
those inmates performing labor for a prison-based business established
by the commissioner pursuant to section fifty-one A of chapter
one hundred and twenty-seven. Section 114. Section 87A of chapter 276 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
the word "thirty" in line 10 and inserting in place
thereof the word:- thirty-five. Section 115. Chapter 279 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after section 1B the following new section:- Section 1C. (1) Notwithstanding the provision of any general or special law to the contrary, when a person is sentenced by a court to a term of incarceration, the court shall impose a fine in an amount that is at least sufficient to pay to the commonwealth the costs of such incarceration. In making a determination as to the amount of the fine to be imposed under this provision, the court may be guided by information supplied by the department of correction or the sheriff concerning average costs of incarceration. Prior to the imposition of the fine, the court, in conjunction with the probation department or any other appropriate agency, shall determine the defendant's ability to pay such a fine, including the ability to pay over a period of time, in light of his financial resources, including any income or assets the defendant failed to disclose. If the defendant establishes that (1) he is not able and not likely to become able, even with the use of a reasonable installment schedule, to pay all of the fine, or (2) that the imposition of the fine would unduly burden the defendant's dependents, the court may impose a lesser fine, schedule of payments or both; provided, however, that in no circumstances shall the court waive the imposition of a fine under this section. The amount of the fine imposed pursuant to this section shall be sufficient to ensure that such fine is punitive; provided, however, that the maximum fine permissible under this section upon a commitment to a state prison shall be five hundred thousand dollars and thirty-five thousand dollars upon a sentence to a house of correction. (2) Upon a subsequent determination by the court that all or any part of the fine imposed under subsection one has not been paid, the defendant may be resentenced by the court to any sentence which might originally have been imposed if the court determines that (a) the defendant willfully refused to pay the fine or failed to make sufficient bona fide efforts to pay the fine; or (b) in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence. The court shall upon a subsequent determination that all or any part of a fine is imposed under subsection one of this section has not been paid issue a judgment; certification or other appropriate order, which shall include (a) the name, social security number, mailing address and residential address of the defendant; (b) the docket or indictment number of the case; (c) the original amount of the fine and the amount that is due and unpaid; and (d) any schedule of payments which has been ordered. The court shall then transmit certified copies of this judgment, certification or order to the office of the attorney general, the department of correction, or the sheriff. (3) The attorney general, upon receipt of such certification, judgment or order, shall be entitled to utilize any and all available civil remedies to collect any unpaid fine, or portion thereof. (4) The department of correction and the sheriff, upon receipt of such certification, judgment or order, shall be entitled to utilize any and all funds or other assets of the defendant which are subject to the department's or the sheriff's control to collect any unpaid fine, or portion thereof. Any monies so collected shall be transmitted to the court which imposed said fine.
(5) Any monies collected pursuant to this section, subject to
the priority of payments established by section eight of chapter
two hundred and fifty-eight B, shall be transmitted to the treasurer
for deposit into the victim and witness assistance fund established
by section forty-nine of chapter ten and shall be expended only
for the purposes set forth in chapter two hundred and fifty-eight
C. Section 116. Section four of chapter two hundred and sixty-eight
of the acts of nineteen hundred and ninety, as amended by section
twelve of chapter three hundred and fifteen of the acts of nineteen
hundred and ninety-four, is hereby repealed. Section 117. Section five of chapter two hundred and sixty-eight
of the acts of nineteen hundred and ninety as amended by section
two hundred and twenty of chapter one hundred and thirty-eight
of the acts of nineteen hundred and ninety-one is hereby repealed.
Section 118. Section 27 of chapter 482 of the acts of 1993 is
hereby amended by striking out the words "four million, five
hundred thousand" and inserting in place thereof, the words:-
two million, five hundred thousand. Section 119. Section 26 of chapter 203 of the acts of 1996 is
hereby amended by striking out the words "and directed"
in the first sentence and by inserting at the beginning of the
third and fourth sentences, after the word "amendment",
the words:- , as necessary,. Section 120. Section 64 of chapter 365 of the acts of 1996 is
hereby amended by adding at the end thereof the following sentence:-
Effective July first, nineteen hundred and ninety-seven, the workplace
modernization corporation known as the Bay State Skills Corporation/Industrial
Services Program shall be known as the Corporation for Business,
Work, and Learning. Section 121. Notwithstanding the provisions of any general or
special law, rule or regulation to the contrary, the department
of housing and community development is hereby authorized to conduct
annual verifications of household income levels based upon state
tax returns for the purposes of administering the state and federal
housing subsidy programs funded in items 7004-9005, 7004-9024,
7004-9011, 7004-9013, 7004-9014, 7004-9019, 7004-9020 and 7004-0099
in section two of this act; provided, that as a condition of eligibility
or continued occupancy by an applicant or a tenant said department
may require disclosure of social security numbers by an applicant
or tenant and members of the applicant's or tenant's household
for use in verification of income eligibility. Said department
is hereby further authorized to consult with the department of
revenue, the department of transitional assistance, and any other
state or federal agency which it deems necessary to conduct such
income verification; provided, that notwithstanding the provisions
of any general or special law to the contrary, said state agencies
are hereby authorized and directed to consult and cooperate with
said department and to furnish any and all information in the
possession of said agencies including, but not limited to, tax
returns and applications for public assistance or financial aid.
For the purposes of conducting such income verification, the director
of the department of housing and community development is hereby
authorized to enter into an interdepartmental agreement with the
commissioner of revenue to utilize the department of revenue's
wage reporting and bank match system for the purpose of verifying
the income and eligibility of participants in such federally assisted
housing programs and members of the participants' households.
Section 122. Notwithstanding the provisions of chapter four hundred
and ninety of the acts of nineteen hundred and eighty, the department
of housing and community development may authorize neighborhood
housing services corporations to retain and reloan funds received
in repayment of loans made pursuant to the neighborhood housing
services rehabilitation program. Section 123. Notwithstanding the provisions of any general or
special law to the contrary, the executive office of health and
human services is hereby authorized to establish a central business
office for the purpose of providing centralized services to agencies
within said executive office; provided, that said services shall
include, but not be limited to, the management of industrial accident
claims; training and recruitment; information technology; legal
research and reference; purchase of service contracting; leasing
of office space; and investigations; provided further, that the
agencies within said executive office are hereby authorized and
directed, at the request of said executive office, to enter into
interdepartmental service agreements for the provision of such
services by said central business office; and provided further,
that the total of said interdepartmental service agreements shall
not exceed one million one hundred fifty thousand dollars in fiscal
year nineteen hundred and ninety-eight. Section 124. Notwithstanding the provisions of any general or
special law to the contrary, the division of health care finance
and policy and the division of medical assistance are hereby authorized
and directed to take any appropriate action to obtain the maximum
amount of federal financial participation available for amounts
paid to hospitals, determined by the division of medical assistance
to be disproportionate share hospitals in accordance with Title
XIX requirements, for free care costs of such hospitals. Said
appropriate action may include, but shall not be limited to, the
assessment on hospitals for their liability to the uncompensated
care pool pursuant to chapter one hundred eighteen G of the General
Laws. Said appropriate action shall include the establishment
or renewal of an interagency agreement between the divisions which
may authorize the division of medical assistance to make deposits
into and payments from an account established for the purposes
of this section within the Uncompensated Care Trust Fund established
by section eighteen of chapter one hundred and eighteen G of the
General Laws, or authorize the division of health care finance
and policy to transfer uncompensated care fee revenue collected
from hospitals pursuant to chapter one hundred and eighteen G
of the General Laws, or funds otherwise made available to said
trust fund by the general court, to the division of medical assistance
for purposes of making disproportionate share adjustment payments
to hospitals qualifying for such payments in accordance with the
commonwealth's Title XIX state plan and relevant provisions of
Title XIX of the federal Social Security Act. The division of
medical assistance may expend amounts transferred to it from the
Uncompensated Care Trust Fund by the division of health care finance
and policy under said interdepartmental service agreement without
further appropriation. In no event shall the amount of money assessed
upon each hospital exceed the hospital's gross liability to the
uncompensated care pool as determined by the division of health
care finance and policy pursuant to section eighteen of chapter
one hundred eighteen G of the General Laws. Any federal funds
obtained as a result of actions taken pursuant to this section
shall be deposited in the General Fund. The offices of the state
treasurer and the comptroller shall establish such procedures
as may be necessary to accomplish the purpose of this section,
including procedures to facilitate the expeditious assessment,
collection, and expenditure of funds pursuant to this section.
Section 125. For hospital fiscal year nineteen hundred and ninety-eight,
the private sector liability of purchasers and third party payers
to the Uncompensated Care Trust Fund established pursuant to section
eighteen of chapter one hundred and eighteen G of the General
Laws shall be lesser of the sum of all the products of each hospital's
allowable free care charges and such hospital's cost to charge
ratio, calculated by the division of health care finance and policy
pursuant to section eighteen of chapter one hundred and eighteen
G of the General Laws, or three hundred and fifteen million dollars.
For state fiscal year nineteen hundred and ninety-eight, notwithstanding
any general or special law to the contrary, fifteen million dollars
generated by federal financial participation made available under
Title XIX of the Social Security Act to reimburse the costs of
said trust fund for disproportionate share hospitals shall be
deposited into said trust fund. Section 126. Notwithstanding the provisions of any general or
special law to the contrary, the department of mental health,
the department of public health, the division of medical assistance,
and the division of health care finance and policy are authorized
and directed to take any appropriate action to obtain the maximum
amount of federal financial participation available for amounts
paid for low income care costs at those mental health and public
health facilities determined to be disproportionate share hospitals
in accordance with requirements of Title XIX of the Social Security
Act. Said appropriate action may include, but shall not be limited
to, the establishment of a separate account within the Uncompensated
Care Trust Fund, established by section seventeen of chapter one
hundred eighteen F of the General Laws, for the purpose of making
disproportionate share adjustment payments to such qualifying
mental health and public health facilities pursuant to relevant
division of health care finance and policy regulations and the
related Title XIX state plan amendment submitted by the division
of medical assistance to the federal health care financing administration.
The division of medical assistance, the department of public health,
or the department of mental health may expend amounts transferred
from said separate account within the Uncompensated Care Trust
Fund without further appropriation. Any federal funds obtained
as a result of actions taken pursuant to this section shall be
deposited in the General Fund. The offices of the state treasurer
and the comptroller shall establish such procedures as may be
necessary to accomplish the purpose of this section, including
procedures for the proper accounting and expenditure of funds
pursuant to this section. Section 127. Notwithstanding the provisions of any general or
special law or contract to the contrary, if the capital costs
incurred under any of the previous department of mental health
replacement units contracts, so-called, with Berkshire medical
center in Pittsfield; Cambridge hospital in Cambridge; New England
deaconess hospital in Boston; or Providence hospital in Holyoke,
are not negotiated and paid pursuant to the terms of the interdepartmental
service agreement for the joint purchase of certain mental health
services between the department of mental health and the division
of medical assistance, then the department of mental health is
authorized to negotiate and pay capital costs to the entity directly.
Any payment made by the department of mental health pursuant to
this section, or by the division of medical assistance or its
contractor pursuant to the terms of the interdepartmental service
agreement, shall be subject to the following: (i) if the entity
sells or otherwise transfers a capital asset associated with the
replacement unit contract and the asset will not be used by the
transferee for similar or like public purposes, then the entity
must pay to the commonwealth an amount equal to the gain, if any,
attributable to any accelerated depreciation costs paid by the
department of mental health or (ii) if the entity ceases to use
any capital asset associated with the replacement unit contract
for such public or similar public purposes for any other reason
attributable to the entity, then the entity must repay to the
commonwealth the accelerated depreciation costs paid by the department
of mental health. Section 128. The departments of mental retardation, public health
and education are hereby directed to continue the three regional
pilot projects to develop networks of support for families with
children of school age or younger with developmental disabilities
or chronic illness, as authorized in section two hundred and thirty-five
of chapter thirty-eight of the acts of nineteen hundred and ninety-five.
Section 129. Notwithstanding the provisions of section fifty (l) of chapter seven of the General Laws or section sixty-nine B of chapter one hundred fifty-two of the General Laws, or the provisions of any other general or special law to the contrary, the commissioner of the department of mental retardation is hereby authorized to administer the workers' compensation claims, payments, expenses, fees, and all other components of the workers' compensation system on behalf of the employees of the department of mental retardation; provided, that the department may contract with one or more persons or entities to carry out the purposes of this section. The department shall be designated as an agent for purposes of section seventy-five of said chapter one hundred and fifty-two. Payments of compensation, or payments of medical or other expenses or fees by the commonwealth to employees of said department under said chapter one hundred and fifty-two, shall be made only upon vouchers bearing the certification of the commissioner. The vouchers shall be processed directly to the comptroller's office. Said commissioner shall make or cause to be made such examinations and investigations as may assist in determining whether or not an injured employee is still incapacitated and whether such payments are due under said chapter one hundred and fifty-two. The commissioner shall require the department's workers' compensation managers to make preliminary reports on injuries within forty-eight hours of their occurrence and detailed reports within two weeks. He shall require that such managers provide the name and status of any employee who has remained incapacitated for three months following any injury, and shall refer such reports to the office of education and vocational rehabilitation for consideration and recommendations pursuant to sections thirty E through thirty H, inclusive, of said chapter one hundred and fifty-two. On or before the first day of each quarter, the commissioner shall file with the secretary of administration and finance and the house and senate committees on ways and means a report detailing the injuries that have occurred; the number of payments made, including lump sum settlement payments; the monies expended on indemnity, medical treatment, risk management, administration, investigation, and rehabilitation; the number of medical bills reviewed pursuant to utilization review; and any other information relevant to the workers' compensation experience during the quarter. The department shall be exempt from any other workers' compensation payments, including any chargeback expenses required by section seventy-one of this act.
The provisions of this section shall take effect on the effective
date of this act and shall remain in effect through June thirtieth,
nineteen hundred and ninety-nine; provided, that the department
may begin the program set out in this section after the effective
date of this act; provided further, that on or before March first,
nineteen hundred and ninety-nine, the commissioner and the secretary
shall evaluate the department's experience under this section
and shall report that experience to the house and senate committees
on ways and means, including recommendations concerning the continuation
of the program. Section 130. The secretary of administration and finance is hereby
directed to review and analyze the costs of state and federal
requirements imposed on contractors providing human and social
services to commonwealth clients for fiscal years nineteen hundred
and ninety-five through nineteen hundred and ninety-seven. The
study shall include, but not be limited to, an analysis of the
costs of medication administration and training, compliance with
the Americans With Disabilities Act, statutory increases in minimum
wage, and the implementation of Rehab Option, so-called, at the
department of mental health. The secretary shall submit the study
to the house and senate committees on ways and means on or before
December first, nineteen hundred and ninety-seven. Section 131. The division of medical assistance is hereby authorized
and directed to develop an allocation method for distinguishing
between traditional beneficiaries and expansion beneficiaries
pursuant to clauses (a), (b), (c), (d), and (e) of subsection
two of section nine A of chapter one hundred eighteen E of the
General Laws, as added by section fourteen of chapter two hundred
and three of the acts of nineteen hundred and ninety-six. Said
allocation method shall allow the division to allocate costs accurately
among items 4000-0500, 4000-0700, and 4000-0860 in section two
of this act. The division shall report on said allocation method
to the house and senate committees on ways and means and the secretary
of administration and finance no later than November first, nineteen
hundred and ninety-seven. Section 132. Notwithstanding any provisions of any special or
general laws to the contrary, the department of environmental
management is hereby authorized to enter into leases with municipalities,
individuals, for profit and not-for-profit entities for terms
not to exceed twenty-five years for the management, operation
and maintenance of the following properties and facilities: John
G. Asiaf memorial skating rink in Brockton; Arthur R. Driscoll
memorial skating rink in Fall River; Veterans memorial skating
rink in Franklin; Stephen Hetland memorial skating rink in New
Bedford; Jack Armstrong memorial skating rink in Plymouth; Theodore
J. Aleixo skating rink in Taunton; Veterans memorial skating rink
in Haverhill; John J. Janas memorial skating rink in Lowell; Henry
Graf, Jr., skating rink in Newburyport; James McVann-Lois O'Keefe
memorial skating rink in Peabody; Daniel S. Horgan memorial skating
rink in Auburn; Gardner Veterans skating rink in Gardner; John
J. Navin skating rink in Marlboro; Worcester skating rink in Worcester;
Greenfield Area skating rink in Greenfield; Henry J. Fitzpatrick
skating rink in Holyoke; Ray Smead memorial skating rink in Springfield;
Vietnam Veterans memorial skating rink in North Adams; Andrew
J. Petro memorial pool in Southbridge; Buttery Brook memorial
pool in South Hadley; Feldman pool in Holyoke; Mason memorial
Armory pool in Agawam; Sara Jane Sherman memorial pool in Chicopee;
John H. Thomas memorial pool in Springfield; John J. Thompson
memorial pool in Ludlow; Westfield Veterans memorial pool in Westfield;
Bennett Field pool in Worcester; Dennis F. Shine, Jr. memorial
pool in Worcester; Gustave Johnson memorial pool in Fitchburg;
Leominster State pool in Leominster; Philip J. Weihn memorial
pool in Clinton; senator P. Eugene Casey memorial pool in Milford;
Geisler memorial pool in Lawrence; lieutenant colonel Edward J.
Higgins memorial pool in Lawrence; Raymond J. Lord memorial pool
in Lowell; Frank A. Manning memorial pool in Brockton; George
I. Spachter pool in Attleboro; and veterans memorial pool in Fall
River. Section 133. Notwithstanding the provisions of any other general
or special law to the contrary, the metropolitan district commission
is hereby authorized to enter into leases with municipalities,
individuals, for profit and not-for-profit entities for terms
not to exceed twenty-five years for the management, operation
and maintenance of the following properties and facilities: Steriti
memorial rink in Boston; Daly memorial rink in Brighton; Simoni
memorial rink in Cambridge; Emmons Horrigan O'Neill memorial rink
in Charlestown; veterans memorial rink in Somerville; veterans
memorial rink in Waltham; Porazzo memorial rink in East Boston;
allied veteran's memorial rink in Everett; Connery memorial rink
in Lynn; LoConte memorial rink in Medford; Flynn memorial rink
in Medford; Cronin memorial rink in Revere; Devine memorial rink
in Dorchester; Shea memorial rink in Quincy; Murphy memorial rink
in South Boston; Connell memorial rink in Weymouth; Reilly memorial
rink in Brighton; Bajko memorial rink in Hyde Park; Ulin memorial
rink in Milton; Bryan memorial rink in West Roxbury; Ponkapoag
golf course, courses one and two in Canton; Leo J. Martin memorial
golf course in Weston; Lee memorial pool in Boston; Brighton/Allston
pool in Brighton; McCrehan memorial pool in Cambridge; veterans
memorial pool in Cambridge; Dilboy field memorial pool in Somerville;
Latta brothers memorial pool in Somerville; Connors memorial pool
in Waltham; Dealtry memorial pool in Watertown; Vietnam veterans
memorial pool in Chelsea; allied veterans memorial pool in Everett;
Holland memorial pool in Malden; Hall memorial pool in Stoneham;
Cass memorial pool in Roxbury; Connell memorial pool in Weymouth;
Reilly memorial pool in Brighton; Olsen memorial pool in Hyde
Park; Phelan memorial pool in West Roxbury; Chickatawbut overlook
in Milton; and the trailside museum in Milton. Section 134. Notwithstanding the provisions of any general or
special law to the contrary, the entire gross square footage of
any building or structure owned by the commonwealth and subject
to the provisions of section twenty-six A 1/2 of chapter one hundred
and forty-eight of the General Laws shall comply with the provisions
of said section twenty-six A 1/2 not later than December thirty-first,
nineteen hundred and ninety-nine. Section 135. Notwithstanding the provisions of section thirty
of chapter twenty-nine of the General Laws or any other general
or special law to the contrary, the division of energy resources
is hereby authorized to procure, in accordance with all applicable
procurement and solicitation laws, comprehensive motor vehicle
insurance coverage for electric vehicles purchased for use in
the commonwealth's electric vehicle demonstration program; provided,
however, that nothing in this section shall be construed so as
to require any additional state appropriated funds for the division
of energy resources; and provided further, that such coverage
may continue or be renewed until the conclusion of said electric
vehicle demonstration program. Section 136. The workers' compensation litigation unit within
the executive office of administration and finance is hereby transferred
to the human resources division. All employees of said unit are
hereby transferred to the human resources division without loss
of any rights or benefits. The records and property of the workers'
compensation litigation unit are hereby transferred to the ownership
and control of the human resources division. All unexpended funds
of the workers' compensation litigation unit on the effective
date of this act are transferred to the account of the human resources
division for the use of said unit. Section 137. The workers' compensation investigatory unit of the
public employee retirement administration commission is hereby
transferred to the human resources division. All employees of
said unit are hereby transferred to the human resources division
without loss of any rights or benefits. The records and property
of the workers' compensation investigatory unit are hereby transferred
to the ownership and control of the human resources division.
All unexpended funds of the workers' compensation investigatory
unit on the effective date of this act are transferred to the
account of the human resources division for the use of said unit.
Section 138. Section 69B of chapter 152 of the General Laws, as
appearing in the 1994 Official Edition, is hereby amended by striking
the words "commissioner of public employee retirement"
or "commissioner" in lines 3, 4, and 8 and inserting
in place thereof the words:- personnel administrator. Section 139. Sections sixty-five, sixty-six, sixty-seven, sixty-eight,
and seventy shall apply to all taxable years beginning on or after
January first, nineteen hundred and ninety-eight. Section 140. Sections seventy-one, seventy-two, seventy-three,
and seventy-six shall be effective on January first, two thousand
and two. Section 141. Except as otherwise provided in this act, the provisions of this act shall take effect as of July first, nineteen hundred and ninety-six. |