SECTION 5. Notwithstanding the provisions of clause Forty-first of section 7 of chapter 4 of the General Laws or any other general or special law to the contrary, the commissioner of revenue or other official responsible for a local reimbursement or assistance program reported by said commissioner pursuant to section 25A of chapter 58 of the General Laws shall use the 1994 city and town population estimates of the United States Bureau of the Census in calculating distributions or assessments under such local reimbursement or assistance programs. Such distribution programs shall include, but not be limited to, the school aid program established under the provisions of chapter 70 of the General Laws and regional public libraries. Such assessments shall include, but not be limited to, air pollution control districts, the Metropolitan Area Planning Council, the Old Colony Planning Council, the Massachusetts Bay Transportation Authority and any other entity for which said commissioner is required to give notice pursuant to said section 25A.
SECTION 6. The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town or regional school district that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.
SECTION 7. The commissioner of the division of capital planning and operations is hereby authorized and directed to develop a project accounting system for all pool accounts including, but not limited to, asbestos, handicapped access, demolition, fire protection improvement, environmental hazards, air pollution, energy, preventive maintenance, wastewater treatment and toxic waste cleanup. Such project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead. The commissioner may, in accordance with schedules approved by the secretary of administration and finance, employ or reassign employees of the division to such projects as may be required; provided, however, that salaries and administrative expenses shall be charged to the accounts funding such project. Such charges shall not exceed 2 per cent of the following appropriation accounts: 1102-7881, 1102-7882, 1102-7885, 1102-7886, 1102-7887, 1102- 7890, 1102-7893, 1102-7894, 1102-7895, 1102-7896, 1102-7897, 1102-8801, 1102-8819, 1102-8847, 1102-8869, 1102-8880, 1102-8890, 1102-8891, 1102-8892, 1102-8893, 1102-8895, 1102-8897, 1102-8899 and 1102-9802.
SECTION 8. All sums appropriated under the provisions of this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of any agency, board or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.
Each agency, board or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment. The secretary of administration and finance shall conduct an ongoing review of affirmative action steps taken by various agencies, boards or divisions to determine whether such agencies are complying with the intent of this section. Whenever such noncompliance is determined by said secretary, he shall hold a public hearing on the matter and report his resulting recommendations to the head of the particular agency, board or division, to the governor and to the Massachusetts commission against discrimination. Said secretary shall report on the status of each agency, board or division receiving monies under this act, including supplemental and deficiency budgets, as to compliance or noncompliance with their affirmative action policy to the joint committee on public service and the joint committee on commerce and labor on or before December 1, 1997.
SECTION 9. The second paragraph of section 203 of chapter 6 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following clause:-
(10) to serve as an advocate, subject to appropriation, and provide an articulate focus for the needs of children and disseminate information to the public regarding children's services and to work in collaboration with the office for children, the department of public health, the department of social services, the department of education and any other state agency which serves the needs of children to promote the development of programs and services for all children, emphasizing programs for children with special needs.
SECTION 10. Section 3B of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the word "education", in line 42, the following words:- , any fees or charges relative to the forests, parks or other natural resources within the scope of the responsibility of the department of environmental management, pursuant to section one of chapter 21.
SECTION 11. Paragraph (b) of section 4A of chapter 7 of the General Laws, as appearing in section 35 of chapter 151 of the acts of 1996, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Within the human resources division shall also be the state office of affirmative action, the office of employee relations, the office of dispute resolution and the office of workers' compensation administration.
SECTION 12. The first paragraph of section 50 of chapter 7 of the General Laws, as most recently amended by section 3B of chapter 306 of the acts of 1996, is hereby further amended by striking out clauses (k) and (l).
SECTION 13. Section 5 of chapter 12A of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 3, the words "secretary of administration and finance" and inserting in place thereof, the following words:- chief justice of the supreme judicial court.
SECTION 14. Chapter 19 of the General Laws is hereby amended by inserting after section 8 the following section:-
Section 8A. The governor shall appoint a board of trustees for each of the following state hospitals: Medfield, Taunton, Westborough and Worcester. A majority of the members of each such board of trustees shall be consumers and their guardians or family members. Said board shall visit and familiarize itself with its state hospital, and may from time to time make suggestions to the department as to improvements therein, especially such as will make the administration thereof more effective, economical and humane. Said board shall serve without compensation, but each member shall be reimbursed by the commonwealth for all expenses incurred in the performance of his duties.
SECTION 15. The second paragraph of section 4B of chapter 19A of the General Laws, as appearing in section 1 of chapter 67 of the acts of 1996, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- ASAP' s shall be designated by the department and may be operated by one or more nonprofit agencies, one or more home care providers as defined in clause (c) of the third paragraph of section 4, a combination of said home care corporations acting jointly, or by a state agency; provided, however, that said department shall designate at least one ASAP to be operated within the Region 1A Planning and Service Area, as defined by the 1994- 1997 State Plan on Aging.
SECTION 16. The first paragraph of section 3 of chapter 19C of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "chapter", in line 4, following:- ; provided, however, that the commission shall establish written standards for the position of investigator and shall hire investigators whose education and training qualifies them for the position pursuant to the standards established by said commission; and provided further, that the commission shall take such steps as are necessary to ensure that the conduct of each investigator meets or exceeds such standards. For the purposes of determining the standards established under this section, the commission shall confer with the district attorneys and the attorney general.
SECTION 17. Said first paragraph of said section 3 of said chapter 19C, as so appearing, is hereby further amended by adding the following clause:-
(i) to establish within the commission a special investigative unit, which shall have sole responsibility for the initial investigation of all reports of abuse received by the commission in connection with which there is an allegation of criminal conduct. The colonel of the state police shall assign not fewer than five state police officers to the special investigative unit.
SECTION 18. Clause (b) of section 4 of said chapter 19C, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following two sentences:- As determined by the commission, either the commission or said department, subject to the oversight of the commission, shall investigate such abuse as provided in section 5. In all cases where a commission investigation is being conducted, the department shall take reasonable steps to avoid unnecessary unwarranted or counterproductive duplication between any internal investigation or inquiry by the department and the commission's investigation, by utilizing the commission's investigation in lieu of an internal investigation conducted by said department.
SECTION 19. Said section 4 of said chapter 19C, as so appearing, is hereby further amended by adding the following paragraph:-
Upon receipt of a report of abuse of a disabled person where the screener, in accordance with written standards established by the commission, determines that the report may contain allegations of criminal conduct, the screener shall immediately refer such report to the special investigative unit which shall conduct an initial evaluation and investigation of the alleged criminal conduct and, upon completion of such evaluation and investigation, shall report the results of such evaluation and investigation to the commissioners who shall, if the special investigative unit has determined that there is reason to believe that a criminal offense has been committed, immediately refer such report, together with any relevant information obtained in such initial investigation, to the attorney general or a district attorney for the county wherein the alleged criminal offense occurred. Upon receipt of such report, the attorney general or district attorney for the county wherein the alleged criminal offense occurred shall contact the commission in order to coordinate the investigation of the matters giving rise to the report. As part of such coordination, the attorney general or the district attorney may request that the commission delay or defer its investigation of the noncriminal matters giving rise to the report; provided, however, that such request shall be granted only where the commission determines that the health and the safety of clients of state agencies or of contract providers shall not be adversely affected thereby and that the commission's or department's ability to conduct a later investigation shall not be unreasonably impaired by such delay or deferral. In all cases including, but not limited to, those in which the commission agrees to delay or defer its investigation, the attorney general or district attorney shall keep the commission informed of the status of the criminal investigation and the commission shall provide to the attorney general or the district attorney any and all information that may be relevant to the criminal investigation. In cases in which the commission agrees to delay or defer its investigation, it shall monitor the progress of the criminal investigation and shall determine, after consultation with such law enforcement agencies, when or whether the commission's investigation should be initiated or resumed.
SECTION 20. Section 5 of said chapter 19C, as most recently amended by section 35 of chapter 450 of the acts of 1996, is hereby further amended by adding the following paragraph:-
(5) Not less than ten days prior to the issuance of a report containing a finding that there is reason to believe that misconduct has occurred, the commission shall provide written notice thereof to the person or persons alleged to have committed such misconduct and afford such person or persons the opportunity to respond in writing prior to the issuance of said report; provided, that, as determined by the commission, such notice of misconduct will not place the alleged victim at risk of further abuse.
SECTION 21. Section 7 of said chapter 19C, as appearing in the 1994 Official Edition, is hereby amended by adding the following paragraph: -
(d) The courts of the commonwealth are hereby authorized to issue warrants for access to a disabled person upon application of the commission or any state or local law enforcement officer, where there is reasonable cause to believe that a disabled person is subject to abuse and access to such disabled person has been denied unreasonably to the commission or such law enforcement officers for the purpose of investigating the allegation of abuse.
SECTION 22. Section 1 of chapter 21J of the General Laws is hereby amended by striking out the words "fire services", inserted by section 85 of chapter 151 of the acts of 1996, and inserting in place thereof the following word:- revenue.
SECTION 23. Section 2 of said chapter 21J, as appearing in the 1994 Official Edition, is hereby amended by striking out, in lines 19, 23 and 25, the word "department" and inserting in place thereof, in each instance, the following word:- board.
SECTION 24. Said section 2 of said chapter 21J, as so appearing, is hereby further amended by inserting after the word "department" in lines 52 and 58, each time it appears, the following words:- and the board.
SECTION 25. Section 4 of said chapter 21J is hereby amended by striking out, in line 10, as so appearing, the word "department" and inserting in place thereof the following word:- board.
SECTION 26. Said section 4 of said chapter 21J is hereby further amended by striking out, in line 18, as so appearing, the words "state fire marshal or his designee" and inserting in place thereof the following word:- board.
SECTION 27. Said section 4 of said chapter 21J is hereby further amended by striking out, in lines 20 to 24, inclusive, as so appearing, the words ", provided that the amount of reimbursements actually allotted during any fiscal year shall not exceed the cash balance of the fund as of December thirty-first of the calendar year preceding the beginning of the fiscal year in question less the total of the amounts specified in subsection (b), (c), and (d) of this section".
SECTION 28. Subclause (A) of clause (1) of paragraph (b) of said section 4 of said chapter 21J, as so appearing, is hereby amended by striking out subparagraphs (i), (ii) and (iii) and inserting in place thereof the following three subparagraphs:-
(i) for the board, $800,000;
(ii) for the department, $200,000; and
(iii) for the department of environmental protection and the department of fire services underground storage tank compliance, $450,000.
SECTION 29. Said paragraph (b) of said section 4 of said chapter 21J, as so appearing, is hereby further amended by striking out clause (2).
SECTION 30. Said paragraph (b) of said section 4 of said chapter 21J, as so appearing, is hereby further amended by striking out, in line 58, the number (3) and inserting in place thereof the following number:- (2).
SECTION 31. Section 6 of said chapter 21J, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The executive director shall make payments from the fund for any claim approved by a majority vote of the board members, present and voting, and submitted in writing to the department.
SECTION 32. Section 7 of said chapter 21J, as so appearing, is hereby amended by inserting after the word "department" in lines 3 and 5, each time it appears, the following words:- or the board.
SECTION 33. The first paragraph of section 8 of said chapter 21J, as most recently amended by section 86 of chapter 151 of the acts of 1996, is hereby further amended by striking out the fourth to sixth sentences, inclusive, and inserting in place thereof the following two sentences:- The board shall be comprised of the following members: the commissioner of the department of revenue, or his designee, who shall serve as chairperson; the commissioner of the department of environmental protection, or his designee; the state fire marshal, or his designee; and six members to be appointed by the governor who are knowledgeable in the remediation and prevention of problems resulting from the operation of underground storage tanks and tank systems, one of whom shall be a representative of the Massachusetts Petroleum Council, one of whom shall be a representative of the Independent Oil Marketers Association of New England, one of whom shall be a representative of the New England Service Station and Automotive Repair Association, one of whom shall be a representative of an institution or organization engaged in the business of insurance, one of whom shall be a representative of a financial institution or organization and one of whom shall be a representative from a statewide environmental public interest organization. Each member of the board appointed by the governor shall serve a term of three years.
SECTION 34. Said section 8 of said chapter 21J is hereby further amended by adding the following paragraph:-
The board shall appoint, and may remove, an executive director, which position shall not be subject to the provisions of chapter 31. The executive director may appoint and remove, from time to time such experts, clerks, and other employees, which positions shall be subject to the provisions of chapter 31, who shall, during regular business hours, work exclusively upon matters pertaining to the board and the administration of the fund. The executive director shall, under the direction of the board, have charge of, direct and supervise all matters relative to the fund and to the business of the board, shall carry out the policies promulgated from time to time by the board and shall perform such other duties as the board shall direct.
SECTION 35. Section 10 of said chapter 21J, as appearing in the 1994 Official Edition, is hereby amended by striking out, in line 4, the words "state fire marshal" and inserting in place thereof the following word:- board.
SECTION 36. Section 12 of said chapter 21J, as so appearing, is hereby amended by inserting after the word "department" in lines 3, 4 and 12, each time it appears, the following words:- or board.
SECTION 37. Section 14 of said chapter 21J, as so appearing, is hereby amended by inserting after the word "department", in line 2, the following words:- or board.
SECTION 38. Subsection (a) of section 1 of chapter 23 of the General Laws is hereby amended by striking out the first sentence, as amended by section 111 of chapter 151 of the acts of 1996, and inserting in place thereof the following sentence:- Within the executive department, but not within governor's cabinet, as defined in section 17A of chapter 6, there shall be a department of labor and workforce development, in this chapter called the department.
SECTION 39. Subsection (a) of section 1 of chapter 23A of the General Laws is hereby amended by striking out the first sentence, as amended by section 6 of chapter 365 of the acts of 1996, and inserting in place thereof the following sentence:- Within the executive department, but not within the governor's cabinet, as defined in section 17A of chapter 6, there shall be a department of economic development, in this chapter called the department, which shall be under the control of a director of economic development, in this chapter called the director.
SECTION 40. Chapter 23B of the General Laws is hereby amended by striking out sections 1 and 2, as most recently amended by section 7 of said chapter 365, and inserting in place thereof the following two sections:-
Section 1. Within the executive department, but not within the governor's cabinet, as defined in section 17A of chapter 6, there shall be a department of housing and community development, in this chapter called the department, which shall be under the supervision and control of a director of housing and community development, in this chapter called the director. The director shall be appointed by the governor for a term coterminous with that of the governor and shall not be subject to the provisions of section 9A of chapter 30 or chapter 31. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term coterminous with that of the governor. The director shall devote his full time during business hours to the duties of his office. The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the provisions of law relative to the department and to each administrative unit thereof, except as provided in subsection (b) of section 2; provided, however, that the director may authorize any officer of the department to exercise in his name any power or to discharge any duty assigned to him by law, and may at any time revoke such authority. The director shall receive such salary as the governor shall determine, provided, however, that such salary is equivalent to the salary received by the director of labor and workforce development, the director of economic development and the director of consumer affairs and business regulation.
Section 2. (a) There shall be within the department such divisions as the director may establish for its efficient operation. Each such division shall be under the charge of an associate director who shall be appointed by the director and who shall be subject to the direction, control and supervision of the director. Each associate director shall be a person of skill and experience in the field of his appointment and shall be appointed and may be removed by the director. The position of associate director shall not be subject to the provisions of section 9A of chapter 30 or chapter 31. Each associate director shall devote his full time during business hours to the duties of his office.
(b) There shall also be within the department the Massachusetts Housing Finance Agency, the Massachusetts Home Mortgage Finance Agency, the Massachusetts Housing Partnership, the Community Economic Development Assistance Corporation, the Massachusetts Community Development Finance Corporation, the manufactured homes commission, the commission of Indian affairs, and the American and Canadian French Cultural Exchange Commission. The department shall provide general policy guidance for these public instrumentalities, but shall not exercise any supervision or control with respect to such instrumentalities, except to the extent otherwise provided by law.
SECTION 41. The introductory paragraph of section 24B of chapter 23B of the General Laws, as appearing in section 127 of chapter 151 of the acts of 1996, is hereby amended by striking out, in line 1, the word "division" and inserting in place thereof the following word:- department.
SECTION 42. Said section 24B of said chapter 23B, as so appearing, is hereby further amended by striking out clauses (a) and (b) and inserting in place thereof the following two clauses:-
(a) benefits under this program shall be made available in all communities in the commonwealth which are adversely affected, as determined by the department by excess increases in sewer and water rates;
(b) the benefit level provided to any individual household eligible under this program shall not be greater than 25 per cent of the total annual water and sewer bill for the household; provided, however, that the department shall establish benefit rates and maximum benefits such that total benefits paid do not exceed the amount appropriated for this benefit.
SECTION 43. Subsection (a) of section 1 of chapter 24A of the General Laws is hereby amended by striking out the first sentence, as amended by section 8 of chapter 365 of the acts of 1996, and inserting in place thereof the following sentence:- Within the executive department, but not within the governor's cabinet, as defined in section 17A of chapter 6, there shall be an office of consumer affairs and business regulation, in this chapter called the office.
SECTION 44. Section 2 of chapter 28A of the General Laws is hereby amended by striking out, in line 21, as appearing in the 1994 Official Edition, the words "for children" and inserting in place thereof the following words:- of child care services.
SECTION 45. Section 3 of said chapter 28A is hereby amended by striking out, in line 1, as so appearing, the words "for children" and inserting in place thereof the following words:- of child care services.
SECTION 46. Section 4 of chapter 28A of the General Laws is hereby amended by striking out, in lines 2 and 3, as so appearing, the words "serve as an advocate and provide an articulate focus for the needs of children and".
SECTION 47. Section 9 of said chapter 28A is hereby amended by striking out, in line 68, as so appearing, the words "for children" and inserting in place thereof the following words:- of child care services.
SECTION 48. Section 2U of chapter 29 of the General Laws, as amended by section 158 of chapter 151 of the acts of 1996, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be established and set up on the books of the commonwealth a separate fund to be known as the Ponkapoag Recreational Fund. There shall be credited to such fund revenues generated from fees or any other revenue devices at the Ponkapoag Golf Course in the Blue Hills Reservation in the town of Canton. Such revenues shall be credited in the following manner: (1) the first $700,000 in revenues shall be deposited in the fund herein established; (2) revenues generated which are in excess of $700,000, but less than $1,100,000, shall be credited to the General Fund; (3) revenues generated in excess of $1,100,000 shall be credited to the fund herein established. Revenues credited to this fund shall be used, subject to appropriation, for capital improvements, equipment, and maintenance of said golf course, including costs of personnel.
SECTION 49. Said chapter 29 is hereby further amended by striking out section 2II, inserted by section 62 of chapter 450 of the acts of 1996, and inserting in place thereof the following section:-
Section 2II. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Leo J. Martin Recreational Fund. There shall be credited to such fund revenues generated from fees or any other revenue devices at the Leo J. Martin Golf Course in the town of Weston and the city of Newton. Such revenues shall be credited in the following manner: (1) the first $450,000 in revenues shall be deposited in the fund herein established; (2) revenues generated which are in excess of $450,000, but less than $865,000, shall be credited to the General Fund; (3) revenues generated in excess of $865,000 shall be credited to the fund herein established. Revenues credited to this fund shall be used, subject to appropriation, for capital improvements, equipment, and maintenance of said golf course, including costs of personnel.
SECTION 50. Said chapter 29 is hereby further amended by inserting after section 2JJ, inserted by section 8 of chapter 19 of the acts of 1997, the following five sections:-
Section 2KK. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transitional Aid to Needy Families Fund. There shall be credited to said fund all federal revenues and reimbursements received by the commonwealth pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or any successor federal statute. Amounts credited to said fund shall be available for expenditure subject to appropriation. The comptroller is hereby authorized and directed to transfer the amount of any unexpended balance in any item of appropriation that is charged to said fund at the end of the fiscal year to the Caseload Increase Mitigation Fund established pursuant to section 2NN. After making said transfer, any remaining unexpended balance in the Transitional Aid to Needy Families Fund at the end of the fiscal year shall then be transferred to said Caseload Increase Mitigation Fund.
Section 2LL. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Child Care Fund. There shall be credited to said fund all federal revenues and reimbursements pursuant to the Child Care and Development Fund or any successor federal fund, and all revenue directed to said fund by provision of a general appropriation act or any supplemental or deficiency appropriation act. Amounts credited to said fund shall be available for expenditure subject to appropriation.
Section 2MM. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Social Services Program Fund. There shall be credited to said fund all federal revenues and reimbursements pursuant to the Title XX Social Services Block Grant or any successor federal fund and all revenue directed to said fund by provision of a general appropriation act or any supplemental or deficiency appropriation act. Amounts credited to said fund shall be available for expenditure subject to appropriation.
Section 2NN. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Caseload Increase Mitigation Fund. There shall be credited to said fund all revenues or other financing sources directed to said fund by provision of a general appropriation act or any supplemental appropriation act. Amounts credited to said fund shall be available for expenditure, subject to appropriation, only (i) in the event that caseloads in the programs funded pursuant to the provisions of chapter 118 exceed the levels appropriated for such accounts in the general appropriation act or supplemental appropriation acts, (ii) to the extent that such caseloads are projected to exceed the average caseload in the previous fiscal year, or (iii) to accommodate changes in federal funding of the programs authorized by said chapter 118, chapter 5 of the acts of 1995 or regulations promulgated by the department of transitional assistance. No funds shall be expended or otherwise made available from said fund without the approval of the General Court in the general appropriation act or a supplemental appropriation act.
Section 2 OO. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Local Consumer Inspection Fund. There shall be credited to such fund all amounts generated from item pricing fines, so called. Amounts credited to said fund shall be used, subject to appropriation, to provide financial assistance to eligible local or regional agencies for the enforcement by said agencies of the provisions of chapters 41, 94, 95, 96, 97, 98, 99, 100A and 101, and such other rules and regulations that the director of the division of standards shall promulgate. Said director shall determine the criteria for distributing amounts to be awarded to said agencies from said fund. Said fund shall not accrue more than $300,000 in any fiscal year. Any amounts generated in excess of $300,000 shall be deposited into the General Fund.