SECTION 4. 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 5. The commissioner of capital asset management and maintenance shall 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 6. Notwithstanding the provisions of section 31 of chapter 81 of the General Laws or any other general or special law to the contrary, the portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads, as appropriated in item 6005-0017 of section 2, shall be distributed in fiscal year 1999 in the same proportion as the fiscal year 1998 distribution of said Highway Fund reimbursements.
SECTION 7. 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 commissions to determine whether such agencies,
boards or commissions are complying with this section. Whenever noncompliance is determined
by the secretary, he shall hold a public hearing on the matter and report his resulting
recommendations to the head of the particular 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 affirmative action policies to the
joint committee on public service and the joint committee on commerce and labor on or before
December 1, 1998.
SECTION 8. Section 179 of chapter 6 of the General Laws, as appearing in the 1996
Official Edition, is hereby amended by striking out the first paragraph and inserting in place
thereof the following paragraph:-
There shall be in the executive office of environmental affairs a board of underwater
archaeological resources, hereinafter referred to as the board. The board shall consist of the state
archaeologist or his designee, the state archivist or his designee, the director of waterways or his
designee, the director of coastal zone management or his designee, the director of environmental
law enforcement or his designee, the executive director of the Massachusetts historical
commission or his designee and three persons to be appointed by the governor, one of whom
shall be a marine archaeologist and two of whom shall be qualified or certified divers, one to be
appointed by the governor chosen from a list submitted by recognized diving organizations. The
members shall be appointed for terms of three years; provided, however, that of the initial
appointments, two shall be for terms of two years and one shall be for a term of three years. The
members shall serve without compensation but shall be reimbursed for actual expenses incurred
in the performance of their duties.
SECTION 9. Chapter 6A of the General Laws, as so appearing, is hereby amended by
inserting after section 16B the following section:-
Section 16C. Notwithstanding the provisions of any general or special law to the contrary, to the
maximum extent allowed by federal law, the commonwealth, including any department, board,
commission, division or authority or subdivision thereof, may, subject to appropriation, provide
state or local public benefits within the meaning of section 411(c) of the federal Personal
Responsibility and Work Opportunity Act to any person, whether or not such person is a citizen
or is a qualified alien within the meaning of section 431 of said Personal Responsibility and
Work Opportunity Act, 8 U.S.C. section 1641, but only to the extent that such person otherwise
satisfies the applicable criteria for such benefits.
SECTION 10. Section 1 of chapter 7 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in line 5, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
N.B. - The Acting Governor has vetoed this section
SECTION 11. 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 camping facilities within the scope of the responsibility of the department of
environmental management, pursuant to section 1 of chapter 21.
SECTION 12. Section 4A of said chapter 7 is hereby amended by striking out, in line 2, as so appearing, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 13. Paragraph (a) of section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out the last sentence.
SECTION 14. The first paragraph of section 22 of said chapter 7, as so appearing, is
hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
(2) The purchase of supplies and other property without advertisement or the receipt of bids,
where the amount involved will not exceed $5,000, when, in the judgment of the state
purchasing agent, it is expedient;.
SECTION 15. Paragraph (b) of section 38A½ of said chapter 7, as so appearing,
is hereby amended by striking out the definition of "Commissioner" and "Division" and inserting
in place thereof the following definition:-
"Commissioner" and "division", the commissioner and the division of capital asset management
and maintenance.
SECTION 16. Section 38M of said chapter 7, as so appearing, is hereby amended by striking out, in line 2, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 17. Section 39A of said chapter 7, as so appearing, is hereby amended by striking out, in lines 31 and 131, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 18. Section 39B of said chapter 7, as so appearing, is hereby amended by striking out, in lines 2 and 3, 11 and in line 28, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 19. The first paragraph of section 39B of said chapter 7, as so appearing, is
hereby amended by adding the following clause:-
(d) direction, control, supervision, planning and oversight of the scheduled maintenance and
repair needs of capital assets owned by the commonwealth.
SECTION 20. Section 39C of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1, 13, and 19, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 21. Section 40A of said chapter 7, as so appearing, is hereby amended by striking out, in lines 2 and 3, 12, 16 and 17, 21, 28, and 36, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 22. Section 40C of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1, 21, 29, and 41, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 23. Section 40D of said chapter 7, as so appearing, is hereby amended by striking out, in lines 4, 21, 24, 58, and 73, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 24. Section 40E of said chapter 7, as so appearing, is hereby amended by striking out, in lines 7 and 15, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 25. Section 40F of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1, 34, 161, and 186, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 26. Section 40G of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1 and 6, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 27. Section 40H of said chapter 7, as so appearing, is hereby amended by striking out, in line 6, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 28. Section 40I of said chapter 7, as so appearing, is hereby amended by striking out, in line 4, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 29. Section 40J of said chapter 7, as appearing, is hereby amended by striking out, in lines 9 and 30, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 30. Section 40K of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1 and 13, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 31. Section 40L of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1 and 43, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 32. Section 40M of said chapter 7, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 33. Section 40N of said chapter 7, as so appearing, is hereby amended by striking out, in lines 46 and 100, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 34. Section 41A of said chapter 7, as so appearing, is hereby amended by striking out, in lines 2, 4 and ll, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 35. Section 41B of said chapter 7, as so appearing, is hereby amended by striking out, in line 41, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance,- and by striking out, in line 54, the word "operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 36. Section 41C of said chapter 7, as so appearing, is hereby amended by striking out, in lines 2 and 3, 19, 21, and 23, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 37. Section 42A of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1 and 2, 4 and 5, and 25, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 38. Section 42H of said chapter 7, as so appearing, is hereby amended by striking out, in line 7, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 39. Section 42J of said chapter 7, as so appearing, is hereby amended by striking out, in line 45, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 40. Section 43A of said chapter 7, as so appearing, is hereby amended by striking out, in line 2, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 41. Section 43F of said chapter 7, as so appearing, is hereby amended by striking out, in line 19, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 42. Section 43F½ of said chapter 7, as so appearing, is hereby amended by striking out, in lines 1, 5 and 17, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 43. Section 51 of said chapter 7, as so appearing, is hereby amended by striking out the third paragraph.
SECTION 44. Section 13 of chapter 7A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "deputy commissioner of capital planning and operations'" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.
SECTION 45. Chapter 7A of the General Laws is hereby amended by adding the
following section:-
Section 16. The comptroller, in consultation with the secretary of administration and finance and
the attorney general, shall administer the Liability Management and Reduction Fund, established
under section 2SS of chapter 29. The comptroller may appoint a liability manager of said fund
whose compensation shall be paid out of said fund. The comptroller shall have the following
powers and duties with respect to the fund:
(a) to use amounts in the fund to make payments or to purchase insurance coverage to make
payments for the purposes set forth in said section 2SS of said chapter 29; provided, however,
that any insurance coverage so purchased shall recognize and preserve the commonwealth's
constitutional, statutory and common law rights, defenses, immunities and control including,
without limitation, the provisions of chapters 12 and 258;
(b) to determine a deductible amount, not to exceed $5,000, up to which an agency shall be
directly responsible for making payment relative to a claim arising under said chapter 258 and
which deductible shall be excluded from the computation of the premiums subsequently charged
to such agency;
(c) to determine and assess not later than October 1, 1998 for fiscal year 1999 and at least
annually for each fiscal year thereafter the premium amounts to be charged to each state agency;
provided, however, that:
(1) premiums shall be set and adjusted based on factors including, but not limited to:
(A) a five-year experience rating reflecting, without limitation, liability incurred by reasons of
judgments, settlements and litigation costs for tort claims pursuant to said chapter 258;
(B) minimum-estimated-liability amounts for pending claims to which presentment has been
made pursuant to said chapter 258;
(C) the record of the agency regarding safety or other training programs designed to reduce
litigation or to detect and defend against frivolous or insubstantial claims; and
(D) any extraordinary factors warranting an adjustment in the discretion of the comptroller;
(2) the premiums assessed for fiscal year 1999 shall be not greater than 10 per cent of the
average annual liability incurred by such agency or its employees during the preceding five years
by reason of judgments, settlements and litigation costs for tort claims pursuant to said chapter
258;
(3) the premiums assessed for fiscal year 2000 shall be not greater than 50 per cent of the
average annual liability incurred by such agency during the preceding five years by reason of
judgments, settlements and litigation costs for tort claims pursuant to said chapter 258;
(4) the premiums assessed for fiscal year 2001 shall be not greater than 75 per cent of the
average annual liability incurred by such agency during the preceding five years by reason of
judgments, settlements and litigation costs for tort claims pursuant to said chapter 258;
(5) any disputes between agencies relative to their respective proportions of responsibility for
any resolved or pending claim or disputes relative to the valuation or the appropriate nature of
such claims shall be determined by the comptroller, in consultation with the attorney general;
and
(6) the comptroller may pay rebates to agencies which rebates reduce such agencies' resolved
and pending claims totals below expected levels in any fiscal year and may assess surcharges on
agencies experiencing unexpectedly high resolved and pending claims totals in any fiscal year;
(d) to make such other expenditures from the fund as are necessary, appropriate and reasonable
for management and administration of the fund, including personnel costs; provided, however,
that all direct and indirect costs for such employees shall be paid from the fund; and provided
further, that the fund shall not be used directly or indirectly for the compensation of attorneys
representing the commonwealth or its officers or employees.
The comptroller shall promulgate rules and regulations to effectuate the purposes of the fund
including, but not limited to, the manner in which each agency shall be assessed a premium.
Documents indicating the estimated value of a particular pending claim shall not be public
records and shall not be discoverable or admissible in evidence in any action.
SECTION 46. Section 5 of chapter 7B of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 47. Section 9 of said chapter 7B, as so appearing, is hereby amended by striking out, in line 3, the words "planning and operations" and inserting in place thereof the following words:- asset management and maintenance.
SECTION 48. Section 1 of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 5, the words "planning and operations" and inserting in place thereof, in each instance, the following words:- asset management and maintenance.
SECTION 49. Said section 1 of said chapter 8, as so appearing, is hereby further amended by striking out, in line 5, the word "deputy".
SECTION 50. Section 4 of said chapter 8, as so appearing, is hereby amended by striking out, in line 2, the words "deputy commissioner of capital planning and operations" and inserting in place thereof the following words:- commissioner of capital asset management and maintenance.