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Outside Sections 95 - 141

 

DMA Successor Liability

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".


Deregulation Temporary Nursing Services

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.


Prison Industries Program 2

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.


Prison Industries Program 3

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.


Prison Industries Program 4

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.


Prison Industries Program 5

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".


Prison Industries Program 6

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.


Prison Industries Program 7

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.


Prison Industries Program 8

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.


Prison Industries Program 9

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.


Prison Industries Program 10

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.


Prisoner Costs 1

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.


Prisoner Costs 2

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.


Separate Pots on a Single Buoy - Waters of Gosnold

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.


Shellfish Aquaculture Licenses 1

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.


Shellfish Aquaculture Licenses 2

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."


Shellfish Aquaculture Licenses 3

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.


Shellfish Aquaculture Licenses 4

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.


Prison Industries Program 11

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.


Prisoner Costs 3

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.


Prisoner Costs 4

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.


Comptroller Report

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.


Local Aid Fund Audit

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.


Lead Paint Program Allocation

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.


MassHealth Demonstration Project

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,.


Corporation for Business, Work and Learning

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.


Department of Housing and Community Development Income Verification

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.


Neighborhood Housing Loans

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.


Health and Human Services Central Business Office

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.


Authorization for Uncompensated Care Pool Payments

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.


Uncompensated Care Pool - Private Sector Liability Cap

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.


Public Disproportionate Share Hospitals

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.


Mental Health Replacement Units Contract

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.


DMR, DPH, DOE Pilot Program

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.


DMR Administration of Workers' Compensation Claims

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.


Human and Social Services Study

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.


DMA Cost Allocation

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.


DEM Lease Agreements

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.


MDC Lease Agreements

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.


Sprinkler Installation

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.


Insurance for Electric Cars

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.


Workers' Compensation Administration 4

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.


Workers' Compensation Administration 5

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.


Workers' Compensation Administration 6

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.


Effective Date - Tax Cuts

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.


Effective Date - Telecommunications Tax Cut

Section 140. Sections seventy-one, seventy-two, seventy-three, and seventy-six shall be effective on January first, two thousand and two.


Effective Date

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.





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MAGNET

Executive Office for Administration & Finance
Budget Bureau
State House, Room 272
Boston, MA 02133
(617) 727-2081


Last updated on January 22, 1997

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