SECTION 351. Notwithstanding the provisions of sections 2A and 38 of chapter 59 of the General Laws, the board of assessors of the town of Provincetown may, for the fiscal year beginning July 1, 1998, determine the valuation of property destroyed by the fire of February 10, 1998 immediately subsequent to said fire for the purpose of granting abatements applied for under section 59 of said chapter 59. Any abatements granted hereunder shall not become eligible for reimbursement by the commonwealth.
SECTION 352. The bridge on Long Pond road over state highway route 6 in the town of Wellfleet shall be designated and known as the Leonard A. Pierce, Sr. memorial bridge in memory of Leonard A. Pierce, Sr. and his many contributions to the town of Wellfleet. The department of highways shall erect and maintain suitable markers bearing said designation in compliance with the standards of said department.
SECTION 353. The state superintendent of state office buildings, in cooperation with the Massachusetts College of Art, shall install an appropriate plaque identifying the artist Richard Andrew as the artist responsible for the series of murals located and displayed on the third floor of the state house referred to as the lobby of the house of representatives chamber.
SECTION 354. The commissioner of veterans' services shall promulgate rules and regulations governing interment at state veteran cemeteries; provided, however, that such rules and regulations shall limit those eligible for interment to veterans, as defined by the federal Veterans' Administration their spouses, unremarried surviving spouses and dependent children.
SECTION 355. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of veterans' services may establish a training program for veterans agents and directors of veterans' services in cities and towns of the commonwealth. The purpose of such training program shall be to maximize federal assistance available for veterans and to assure that such agents and directors receive uniform instruction on providing veterans and dependents with advice relative to procurement of state, federal and local benefits to which they are entitled, including employment, education, health care, retirement and other veterans' benefits. The subject matter of such training program shall include benefits available under chapter 115 of the General Laws and alternative resources, including those which are partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits, as well as federal pension and compensation entitlements. The commissioner is hereby authorized and directed to promulgate regulations for said training program. Upon successful participation by such veterans' agent or director of veterans' services in such training program, the costs of such training program incurred by the several cities and towns shall be paid by the commonwealth on or before November 10 in the year after such expenditures.
N.B. - The Acting Governor has vetoed this section
SECTION 356. Notwithstanding the provisions of any general or special law to the
contrary the division of health care finance and policy shall evaluate and, if warranted, adjust the
rates established for adult day health services, so-called. In evaluating such rates, the division's
considerations shall include, but not be limited to, the number of persons in adult day health
programs diagnosed with Alzheimer's disease or dementia, the special care needs of such
persons, any additional program costs required to provide care for such persons and the
proportion of such persons to the total number of persons in a particular adult day health
program as compared to the proportion of such persons to the total number of persons in all
adult day health programs. Such evaluation and, if warranted, rate adjustment shall be completed
according to the established procedures of the division on or before November 1, 1998.
SECTION 357. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to study the provision of adult day services in the commonwealth. Said study shall include, but not be limited to, evaluating the quality and availability of adult day services in the commonwealth, licensure or regulations, medicaid reimbursement and the benefits and cost effectiveness of these programs. Said commission shall consist of 13 members: the secretary of the executive office of health and human services, or his or her designee, who shall serve as chair; the secretary of the executive office of elder affairs, or his designee; the commissioner of the department of public health, or his designee; the commissioner of the division of health care finance and policy, or his designee, three members selected by the Massachusetts Association of Adult Day Health Services, two members selected by the Massachusetts Councils on Aging, one of whom shall be a provider of social day programs, one member selected by the Alzheimer's Association of Eastern Massachusetts, one member of the Massachusetts Home Care Association, and one member of the Home and Health Care Association of Massachusetts. Said commission shall report the results of said study together with its recommendations, if any, and draft legislation necessary to carry out such recommendations by filing the same with the joint committee on human services and elderly affairs and the house and senate committees on ways and means on or before March 31, 1999.
SECTION 358. Notwithstanding the provisions of any general or special law to the contrary, the office of consumer affairs shall collect on or before January 1, 1999 any and all prior year's assessments owed to the commonwealth for services rendered by the attorney general on behalf of the utility and insurance industries. After July 1, 1998 any and all assessments, on behalf of the attorney general, shall be billed and collected prior to the end of each fiscal year; provided, however, that the comptroller shall certify in writing to the secretary of administration and finance and the senate and house committees on ways and means that such assessments have been collected.
SECTION 359. (a) Notwithstanding the provisions of any general or special law to the
contrary, there is hereby established the Massachusetts performance enhancement program,
which shall provide the opportunity for designated agencies to improve their management
systems and enhance their performance by streamlining services, reducing paperwork and
analyzing and reviewing policies and procedures including, but not limited to, fiscal and human
resources management, procurement, technology and facilities operation and maintenance.
(b) Said program shall be implemented by a commission, which shall be jointly chaired by the
secretary of administration and finance and the comptroller. There shall be seven additional
members of the commission who shall be appointed by the governor. Such members shall
include the chairperson of the Massachusetts Taxpayers Foundation or his designee and six
persons to be appointed by the governor, one of whom shall be a representative from business
and industry to be selected from three nominees provided by the Massachusetts Business
Roundtable; one of whom shall be a representative from organized labor, to be selected from
three nominees provided by the Massachusetts State Labor Council, AFL-CIO; one of whom
shall be a faculty member from a graduate school of public administration or public management
at an institution of higher education located in the commonwealth and three of whom shall be
appointed after consultation with the secretary of administration and finance and the comptroller.
The division of capital asset management and any agency within the executive office of health
and human services, to be selected by the chairs of the commission in consultation with the
secretary of health and human services, shall serve as and be hereinafter collectively referred to
as the designated agencies.
(c) In evaluating each designated agency, the commission shall work with a team of not less than
six and not more than ten employees from each such agency, which shall include an equal
number of management employees and nonsupervisory, nonmanagement employees. The
management employee members of each designated agency team shall be selected by the
administrative head of the designated agency on or before September 1, 1998. The
nonsupervisory, nonmanagement employee members shall be selected either by a vote of the
nonsupervisory, nonmanagement employees in the designated agency on or before August 31,
1998 or, if no such selection is made by said date, then by the joint chairpersons of the
commission on September 1, 1998. Three members of the commission shall serve on each
relevant designated agency team. Each team shall evaluate each designated agency with respect
to effectiveness and efficiency of human resource management policies and practices used by the
agency including, but not limited to, recruitment, retention and uniformity among job
descriptions in order to identify specific projects that shall improve such designated agency's
performance; provided, however, that the commission and its projects shall not interfere with or
abrogate any existing contractual obligations or collective bargaining agreements. Such agency
teams may hire consultants to help them achieve their goals and objectives. Each designated
agency shall also provide necessary assistance to its agency team and the commission for the
performance of their duties.
(d) Each designated agency team shall submit to the commission for approval a preliminary
work plan that includes a preliminary agency evaluation, spending plan, program design and
specific project proposals on or before October 1, 1998. No funds appropriated for use by said
commission shall be allocated to the designated agency teams until such time as said work plan
has been submitted and approved by said commission.
(e) The commission, in consultation with the designated agency team, shall, on or before January
1, 1999, submit to the house and senate committees on ways and means and the joint committee
on state administration an interim report and tentative recommendations and shall, on or before
June 30, 1999, submit to said committee a final report concerning each designated agency. The
interim and final reports shall analyze and provide recommendations and implementation plans
concerning methods for maximizing or improving human resource management policies and
practices and generating cost savings; provided, however, that such recommendations and
implementation plans shall not focus primarily on agency staffing levels. Such reports shall also
demonstrate the results of any ongoing or completed projects undertaken by said teams or the
full commission. Said reports shall include benchmarks for measuring the agencies' performance
before and after the implementation of any such projects by such teams or the full commission.
Any cost savings realized by an agency through implementation of the performance
enhancement program shall be placed in a retained revenue account held by such agency for
one-time expenditures.
SECTION 360. The chief information officer, designated in section 4A of chapter 7 of
the General Laws, shall coordinate and oversee the year 2000 compliance efforts of the
executive departments. All executive departments shall cooperate to the fullest extent with said
chief information officer and shall provide him, or his designees, with such information and
reports as he may require. Said chief information officer shall also review technology budgets
for the year 2000 compliance and remediation efforts of executive departments, regardless of
whether such efforts are funded with capital, operating, federal or trust funds. All information
technology equipment purchases for the year 2000-related projects shall be made in consultation
with the governor's advisory committee on information technology in conjunction with said
chief information officer. Said chief information officer may also establish such year 2000
compliance and validation standards as he deems appropriate and shall adopt said standards not
later than August 1, 1998.
The information technology division of the executive office of administration and finance shall
report quarterly to the house and senate committees on science and technology and to the house
and senate committees on ways and means the progress being made to address the year 2000
problem including, but not limited to, the amount expended on equipment, consultants and
personnel by all departments and the degree to which funds expended for year 2000-related
projects are appropriate and not duplicative of expenditures made with funds from other sources.
N.B. - The Acting Governor has vetoed this section
SECTION 361. Notwithstanding the provisions of any general or special law to the
contrary, the department of housing and community development shall prepare a report which
details the total amount of funding expended from all state, federal, municipal, and other sources
for lead paint abatement; provided, however, that such report shall include, but not be limited to,
the amount of such expenditures by postal zip code, so-called, the amount of such expenditures
by municipality and an assessment of the unmet need for funding from all sources by
municipality. Such report shall be filed annually, not later than February 3, with the joint
committee on housing and urban development and the house and senate committees on ways and
means.
N.B. - The Acting Governor has vetoed this section
SECTION 362. The MassJobs Council shall submit a comprehensive report on the
statewide implementation of state and federal welfare reform which shall consist of individual
strategic plans from the 16 regional employment boards outlining strategies for local level
resource allocation. Such plans shall list all resources available in each service delivery area that
may be used to target transitional aid to families with dependent children recipients who will
lose cash assistance benefits in fiscal year 1999 pursuant to subsection (f) of section 110 of
chapter 5 of the acts of 1995 including, but not limited to, federal job training funds available
under the Job Training Partnership Act, federal welfare-to-work grants available under the
federal Balanced Budget Act of 1997 and state training funds available under the department of
transitional assistance. Such plans shall include a list of all programs to be administered locally
as part of the federal welfare-to-work grants as authorized by the federal Balanced Budget Act of
1997 and a corresponding list of all employment and training vendors to administer such
programs. Such plans shall assure that state programs are not duplicative of federal programs.
Such plans shall include the estimated number of recipients of transitional aid to families with
dependent children who will lose benefits in each service delivery area, as defined by the federal
government, the total resources available for job training related services in each service delivery
area and the resulting resources per such recipient. Such plans shall include fiscal year 1999
operating budgets for each regional employment board with projected expenditures and
projected revenues for all state, federal, local and private sector revenue sources. Such plans
shall assess the transportation needs of the recipients of transitional aid to families with
dependent children and shall include recommendations for improving local level transportation
systems for said recipients. Said council shall submit such report to the house and senate
committees on ways and means on or before December 1, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 363. The secretary of health and human services shall report to the house
and senate committees on ways and means and the committee on human services and elderly
affairs not later than December 31, 1998 on the costs and policy implications of adopting the
provisions of section 115(d)(1)(A) of Public Law 104-193 of 1996 including, but not limited to,
making food stamps and transitional aid to families with dependent children benefits available to
persons released from incarceration in a state or county facility for drug felonies.
SECTION 364. The executive office of health and human services in collaboration with the department of education shall conduct a statewide study of residential placement services for children by region, including Cape Cod; provided, however, that such study include an analysis of the children currently in residential treatment, a review of current funding strategies, a review of diagnostic criteria for deciding to access residential placement, a review of discharge criteria and identification of common ground on which to build mutual agreements; and provided further, that such study shall include recommendations on a more efficient use of public dollars, a more timely response to service needs and mutual agreements among agencies to standardize cost sharing, intake and discharge criteria.
N.B. - The Acting Governor has vetoed this section
SECTION 365. The Children's Trust Fund, established in section 50 of chapter 10 of
the General Laws, shall expend not more than $150,000 from item 4130-0002 of section 2 for a
project to collect statewide data on the quality of child care. Such project shall include a general
quality survey to be sent to every early care and education environment, including center-based
care, family child care, informal child care and school-age and after-school settings. Such survey
shall gather data on issues including, but not limited to, program subsidies, licensing, regulation,
accreditation, tuition rates, provider compensation and program waiting lists. Such project shall
also include the observation of a random sampling of early care and education settings for the
purpose of applying the environmental child rating scale ECERS, so-called. Said scale shall be
used for the evaluation of issues including, but not limited to, the appropriateness of
organizational systems, family support and parent-provider interactions, linkages to other
community resources, continuity of care for individual children considering the programs in
which a single child participates, provider turnover and developmentally appropriate practices.
N.B. - The Acting Governor has vetoed this section
SECTION 366. There is hereby established a task force consisting of members of the
joint committee on human services and elderly affairs and the joint committee on education, arts
and humanities for the purpose of evaluating and making recommendations relative to the
reimbursement of contracted child care services. Said task force shall consist of not fewer than
eight members of the house of representatives and six members of the senate. The speaker of the
house of representatives and the president of the senate shall appoint not fewer than two
members from their respective chambers from each such committee. Said speaker and said
president shall also designate one member from their respective chambers to co-chair said task
force.
The "request for response" known as the RFR that was issued by the office of child care services
on April 22, 1998, or any request for response issued as a successor to said RFR, shall not be
implemented until said task force:
evaluates whether the underlying data or information used in the development of said RFR is
reasonably supportive of the rate levels and rate structure proposed by said RFR;
evaluates whether additional data or information is necessary to support changes to the child care
reimbursement system;
quantifies the relationship between changes in the reimbursement system proposed by said RFR
and the expansion of the child care slots resulting therefrom;
considers whether said RFR (1) achieves rate equity or parity among providers; (2) recognizes
unique, extraordinary or other special costs that warrant the reimbursement of providers in the
provision of child care services; (3) supports the ability of child care providers to maintain
capacity, improve quality, and retain staff; and (4) evaluates the reasonableness of any
geographic regions used for said rate system.
Said task force shall recommend improvements to said RFR, including, if necessary, major
restructuring of the RFR. Notwithstanding the provisions of any general or special law to the
contrary, the office of child care services shall conduct a public hearing on any proposed RFR
that incorporates the recommendations made by said task force pursuant to the provisions of this
section and no such RFR shall be officially issued prior to the conduct of such hearing. Said
office shall report to the house and senate committees on ways and means not later than
September 1, 1998 on the fiscal year 1999 fiscal impact of the moratorium on said RFR that is
imposed by this section. No contract with a child care provider made effective in fiscal year
1999 shall be based upon said RFR in said fiscal year; provided further, that reimbursement rates
for child care shall be at least equal to the rates of reimbursement for each provider of each
prototype of child care provided during fiscal year 1998 and that for family child care systems,
any increased reimbursement for family child care providers shall be funded in the rate of
reimbursement for said system.
Said task force shall consult with representatives child care providers in each prototype
community, state and local government agencies and community-based organizations that are
involved in the oversight, financing or delivery of child care services. The office of child care
services shall provide any information and data requests made by said task force. The report of
said task force shall be filed with the clerk of the house of representatives and the clerk of the
senate not later than December 31, 1998.
SECTION 367. Notwithstanding the provisions of any general or special law to the contrary, the department of education shall submit a report detailing the progress of the following items in section 2 towards the goals of education reform: 7061-9400, 7061-9615, 7061-9620 and 7061-9621. Such report shall include, but not be limited to, a description of the purpose of any grants that are to be used within said items, the names and the amounts of the grants, whether the grants are competitive and whether there is any local match to such grants. Within the description of the purpose of such grants shall be included a statement which identifies the substantive contribution toward the goals of education reform achieved by such grants. Such report shall also include performance goals and a completion timeline for each project relating to said items and shall also include a detailed spending plan for the funds appropriated within said items, including but not limited to, funds for the purpose of accounting and posting, printing, contracting and compensation and hardware and software purchases. Such report shall be submitted to the house and senate committees on ways and means and the joint committee on education, arts and humanities not later than January 20, 1999.
SECTION 368. Notwithstanding the provisions of any general or special law to the contrary, the department of education shall collaborate with the division of local services of the department of revenue to complete audits of city, town and regional school district spending of chapter 70 school aid, so-called, pursuant to the proposed format and scope in executive order 393; provided, that all reports submitted by said department and said division shall be filed jointly and shall be standardized in structure, organization, approach and subject content; provided further, that each said report shall include a study of the impact of unanticipated growth in enrollments and the costs of special education on municipal education budgets, where applicable, including but not limited to the impact of said costs on other areas of appropriation within the municipal budget; provided further, that said department shall make available to said division information collected through its information management system, so-called, to assist in the tracking of individual student data and Massachusetts comprehensive assessment system test results; and provided further, that said reports shall be made available to the house and senate committees on ways and means, and the joint committee on education, arts, and the humanities, upon their completion.
N.B. - The Acting Governor has vetoed this section
SECTION 369. A special legislative commission shall be established to explore
funding sources for public education in the commonwealth, including but not limited to, federal
grants, municipal revenues, and state aid to cities, towns, regional school districts, counties
maintaining agricultural schools and independent vocational schools. The report of said
commission shall include, but not be limited to, identifying for each public school district and
for public schools as a whole, for fiscal year 1993 to fiscal year 2000: (1) the level of actual or
projected operating support from state, municipal, and federal revenue sources; (2) changes in
per student expenditures and the percentage of municipal spending on public education; (3) a
discussion of the impact of growth in enrollment and costs of special education on school district
budgets; (4) projected operating support, including state assistance, needed by public schools
after fiscal year 2000, including, but not limited to, alternatives to the education reform funding
formula established by chapter 70 of the General Laws; (5) the percentage of total education
spending, by district, spent on the routine maintenance of a school district's capital assets, and a
measure of the extent to which such expenditures are sufficient to maintain the useful life of the
physical plant and avoid the accumulation of deferred maintenance costs; and (6) any other
fiscal, legal or public policy matters that impact the financial support for said public school
districts. The commission shall consist of 11 members, three of whom shall be appointed by the
speaker of the house of representatives, one of whom shall be appointed by the house minority
leader, three of whom shall be appointed by the senate president, and one of whom shall be
appointed by the senate minority leader, and three persons to be appointed by the governor. Said
commission shall report to the house and senate committees on ways and means not later than
February 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 370. The department of education shall conduct a study of the formula for
distribution of funds to cities and towns participating in the METCO program, so-called. Such
study shall include, but not be limited to: (a) disparity in reimbursement between individual
school districts participating in said METCO program; (b) disparity in reimbursement between
school districts receiving reimbursement pursuant to said METCO program and districts
receiving reimbursement from the charter school program pursuant to section 89 of chapter 71 of
the General Laws and the school choice program pursuant to section 12B of chapter 76 of the
General Laws; (c) recommendations, if any, for improving the reimbursement formula,
including the fiscal impact of such recommendations. A report of the results of such study shall
be filed with the joint committee on education, arts, and humanities and the house and senate
committees on ways and means not later than December 30, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 371. The department of education shall issue and execute a request for
services contract for the hiring of an individual or company to draft a plan for the creation of an
evening vocational education program in the city of Boston and for identifying grant resources
available to support the operation of such program in said city.
N.B. - The Acting Governor has vetoed this section
SECTION 372. The board of higher education is hereby authorized and directed to
conduct a study of the establishment of a full-time satellite campus of a public college or
university within the city of Attleboro. Said study shall include an analysis of the economic
benefits to said city of Attleboro and the greater Attleboro region, the costs of establishing and
maintaining a full-time satellite campus, including the costs of building acquisition and
construction, and the unmet need for educational services within the greater Attleboro region.
The board of higher education shall file the results of said study, along with any
recommendations for legislation, with the clerk of the house of representatives, the clerk of the
senate, the house and senate committees on ways and means, the senate committee on post audit
and oversight, and the governor not later than December 31, 1998.
SECTION 373. The board of higher education, in consultation with the departments of education, economic development, and labor and workforce development, a president of a community college to be nominated by the community college presidents, a representative of the business community to be appointed by the governor, and a representative of organized labor to be appointed by the governor, shall conduct a study of expanding worker training and other job training programs within the community college system. Said study shall identify: (a) the steps which are necessary including, but not limited to, the expenditure of state appropriations for programs offered by the division of continuing education, to expand access for incumbent workers and businesses to general and specialized programs of study within the community college system; (b) current and new curricula which would best serve the evolving needs of the Massachusetts workforce and of the business community; (c) support services, including, but not limited to, the provision of day care, transportation services, financial assistance, and remedial education for workers and employers; and (d) the cost to the commonwealth of expanding such services. Said study, together with recommendations for legislation, if any, shall be filed with the clerks of the house of representatives and the senate not later than March 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 374. There is hereby established a higher education funding review
commission to evaluate the accuracy and effectiveness of the funding formulas developed by the
board of higher education and the university, state colleges, and community colleges pursuant to
section 258 of chapter 43 of the acts of 1997, in determining the total level of resources needed
to fund the ordinary maintenance of each institution. Said commission shall include the secretary
of administration and finance or his designee; the chancellor of higher education; the chair of the
board of higher education; two state senators from different political parties who shall be
appointed by the senate president; two members of the house of representatives from different
political parties who shall be appointed by the speaker of the house of representatives; one
representative of the community colleges who shall be appointed by the council of community
colleges; one representative of the state colleges who shall be appointed by the council of state
colleges; the president of the university of Massachusetts or his designee; and the following
members to be appointed by the chair of the board of higher education: a representative from
business or industry; an economist specializing in higher education; a representative from
organized labor from among three nominees provided by the Massachusetts state labor council,
AFL-CIO; a representative of public higher education faculty and professional staff from any
three nominees provided by the Massachusetts Teachers Association and the Massachusetts
Federation of Teachers jointly and three students, one representing each segment of the
commonwealth's public higher education system. In order to ensure that said formulas provide
an accurate, reasonable and adequate determination of institutional funding need in the areas of
instruction, support services, and physical plant, said evaluation commission shall review and
analyze the overall structure of the funding formulas and their components, including the
methodology used to compute said components, and compare said formulas with formulas
utilized by peer institutions with similar missions in other states. The commission shall also
evaluate other funding methods, which shall include but not be limited to performance-based
budgeting. The commission shall report said evaluation and its recommendations to the house
and senate committees on ways and means, the executive office of administration and finance,
and the joint committee on education, arts and humanities no later than March 1, 1999, provided,
however, said commission shall hold no less than one public hearing for the purpose of public
input on the formulas.
N.B. - The Acting Governor has vetoed this section
SECTION 375. There is hereby established a special commission to study the
feasibility of Quincy College's becoming part of the state system of community colleges by
consolidation, merger, affiliation or the establishment of a special charter relationship. The
commission shall consist of not more than 13 members, of whom one shall be the chancellor of
the board of higher education or a designee, one shall be the president of Quincy College or a
designee, and ten members appointed by the governor, one of whom shall be the chairman of the
board of a community college that may be affected by said merger or affiliation or a designee,
one of whom shall be the chairman of the board of Cape Cod community college or a designee,
three of whom shall be representatives of a collective bargaining unit, one of whom shall
represent Quincy College faculty, one of whom shall be a member of the community college
faculty system affected by said merger or affiliation, and one of whom shall be a member of the
Cape Cod community college faculty system, and one of whom shall represent the
Massachusetts Teachers Association. Said commission shall file a report of its findings with the
board of higher education not later than February 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 376. The public employee retirement administration commission shall
conduct an analysis to determine the cost of an alternative retirement benefit for teachers. Such
benefit to be analyzed shall include the following components: (a) all teachers who are not
currently vested in the teachers retirement system shall participate and those teachers who are
vested in the teachers retirement system may choose to participate; (b) such benefit shall be
equal to the benefit provided under the current retirement system upon 25 years of creditable
service plus 2 per cent and for each year of creditable service beyond 25 years a retiree shall
receive an additional 2 per cent to the retirement benefit provided under the current retirement
system, up to the maximum benefit allowable under current law; (c) teachers who left teaching
before 1975 due to maternity may buy back up to four years of creditable service; (d) vocational
education teachers may buy back up to four years of creditable service for their time spent in
their vocation; (e) a teacher shall participate in the alternative retirement benefit system for at
least three years or, in order to retire within three years, a teacher shall have contributed the
equivalent of three years of his employee contribution; and (f) the retirement contribution of a
teacher participating in the system shall be 10 per cent. Said commission shall report the results
of such cost analysis to the house and senate committees on ways and means.
N.B. - The Acting Governor has vetoed this section
SECTION 377. The board of higher education shall file with the house and senate
committees on ways and means on or before December 31, 1998, a report detailing the amount
expended by each public institution of higher education in the commonwealth for library
services and materials in fiscal year 1998. Said report shall include, but not be limited to, (i) a
delineation of total library spending between the amount spent by each campus for said library
services and materials from local campus funds and the amount spent from item 7077-0010 of
section 2 this act, and (ii) an analysis of total library spending for each campus as compared to
each of their peer institutions, as determined by said board.
N.B. - The Acting Governor has vetoed this section
SECTION 378. The department of correction shall study the processes and criteria for
screening eligible inmates for Houston House placements. Such study shall include, but not be
limited to: (a) data detailing the number of female inmates who have given birth during the last
five years while incarcerated by said department or by a facility contracting with said
department; (b) information, if available, detailing the number of instances in the last five years
in which an infant born to an incarcerated mother was removed from the custody of its mother
and the subsequent placements of such children; and (c) recommendations, if any, for changes to
be made in said Houston House screening processes that shall better serve the interests of the
children, women and public safety. Said department shall file a report of its findings not later
than February 1, 1999 with the joint committee on public safety and the house and senate
committees on ways and means.
SECTION 379. Notwithstanding the provisions of any general or special law to the contrary, in fiscal years 1999 and 2000, there shall be established within the office of the governor an advisory council on Alzheimer's disease and related disorders which shall advise the secretariats, departments, agencies and institutions of the commonwealth on matters of policy, programs, services and information affecting residents of the commonwealth with dementia-related illnesses and their caregivers. Such advisory council shall have the following goals: (1) to recommend the delivery of services in the most effective and efficient manner possible, including identifying means of coordination and cooperation among different state agencies and departments in order to achieve cost savings and to facilitate meeting the needs of people with dementia and their caregivers; (2) to identify additional sources of federal and private sector funding with which the commonwealth may provide additional services and programs for people with dementia and their caregivers; (3) to promote public and professional awareness and education relative to dementia and access to dementia services and programs; (4) to identify service delivery mechanisms that enhance the quality of life for people with dementia and their caregivers; and (5) to evaluate and coordinate implementation of recommendations made in 1994 by the governor's conference on Alzheimer's disease. Such advisory council shall consist of 17 persons, five to be appointed by the governor, five to be appointed by the speaker of the house of representatives, one to be appointed by the minority leader of the house of representatives, five to be appointed by the president of the senate and one to be appointed by the minority leader of the senate and shall consist of representatives of state agencies, consumers, medical research and provider communities and representatives of the Massachusetts chapters on Alzheimer's disease and related disorders associations. Such council shall meet not less than quarterly and shall prepare an annual report of its activities and recommendations that shall be filed with the house and senate committees on ways and means and the joint committee on human services and elderly affairs.
SECTION 380. Notwithstanding the provisions of any general or special law or rule
law or
regulation to the contrary, there is hereby established a special commission for the purpose of
making an investigation relative to the issues involved with physician practice management
groups, so-called, and the effect that such groups have on the access to and quality of health care
in the commonwealth. Said commission shall consist of two members of the senate, one of
whom shall be the senate chair of the joint committee on health care and one of whom shall be a
member of the minority party, two members of the house of representatives, one of whom shall
be the house chair of the joint committee on health care and one of whom shall be a member of
the minority party the secretary of health and human services, the president of the Massachusetts
Hospital Association, the dean of the Boston University School of Public Health, the dean of the
University of Massachusetts School of Public Health, the president of the Massachusetts Medical
Society the president of the Massachusetts Council of Community Hospitals, the president of
Boston Health and Hospitals, the executive director of the Massachusetts League of
Neighborhood Community Health Centers, the executive director of Health Care For All and
two persons to be appointed by the governor, one of whom shall be a representative of the
Associated Industries of Massachusetts and one of whom shall be a representative from the Ad
Hoc Committee to Defend Health Care.
Said commission shall be jointly chaired by the senate chair of the joint committee on health
care, the house chair of the joint committee on health care and the secretary of health and human
services. Said commission shall adopt such rules and establish such procedures as it deems
necessary for the conduct of its business. Said commission may expend such funds as may be
appropriated or made available therefor. No action of the commission shall be considered
official unless approved by a majority vote of the commission.
The commission shall have the following responsibilities and duties:
(a) to examine existing rules and regulations relative to physician practice management groups
and their standing in the commonwealth;
(b) to study the organizational structure, management contracts and financial incentives, as well
as their involvement with and impact on health centers, and the so-called walk-in clinics in the
commonwealth; and
(c) to examine the impact of the purchase and sale of such groups by nonprofit entities from
nonprofit entities, from nonprofit entities to for-profit entities and from for-profit entities to
other for-profit entities.
Said commission shall report its findings, along with draft legislation, to the house and senate
committees on ways and means within 90 days of the effective date of this act.
N.B. - The Acting Governor has vetoed this section
SECTION 381. Notwithstanding the provisions of any general or special law to the
contrary, there is hereby established a special commission to study and investigate the activities,
operation and oversight of the commonwealth deferred compensation plan. Such study shall
include, but not be limited to, payout alternatives to those in the current plan and establishment
of a new plan under which a committee of elected or appointed state employees and plan
members shall manage and control the operation and investment of the funds of such plan and
the administrative, operational and personnel powers or limitations required by such committee
to implement a new system. Said commission shall consist of three members of the house of
representatives, one of whom shall be the chairman of the joint committee on public service and
one of whom shall be a member of the minority party, and three members of the senate, one of
whom shall be the chairman of the joint committee on public service and one of whom shall be a
member of the minority party. The joint chairs of the committee on public service shall serve as
co-chairs of said commission. Said commission shall report the results of its study, together with
recommendations and draft legislation necessary to carry out such recommendations, by filing
the same with the clerks of the house of representatives and the senate on or before January 1,
1999.
SECTION 382. Notwithstanding the provisions any general or special law to the contrary, there is hereby established a special commission to study public benefits for veterans. Said commission shall study and investigate the scope of benefits provided to veterans pursuant to the provisions of chapter 115 of the General Laws or any other general or special law of the commonwealth, or local or federal law providing said benefits to veterans. Said commission shall study and make recommendations regarding the definition of the word "veteran" in the General Laws, and whether changes to said definition are appropriate or necessary in order to include in said definition individuals who have served or are serving in the armed forces and do not meet the "wartime service" requirement of clause Forty-third of section 7 of chapter 4 of the General Laws. Said commission shall also study and make recommendations regarding the application of said definition to any benefits provided to such veterans under the laws of the commonwealth. Said commission shall also study and make recommendations regarding the benefits provided to the surviving spouses of servicemen or servicewomen who died while serving in the armed forces of the United States or suffered service-connected disabilities. Said commission shall consist of eight members as follows: three members of the house of representatives, one of whom shall be the house chairman of the joint committee on public service and one of whom shall be a member of the minority party; three members of the senate, one of whom shall be the senate chairman of the joint committee on public service, one of whom shall be the chairman of the senate committee on post audit and oversight and one of whom shall be a member of the minority party, the commissioner of veterans services or his designee and the secretary of administration and finance, or his designee. Said chairmen of the joint committee on public service shall be the chairmen of said commission. Said commission shall report is findings and recommendations, including any fiscal impact and proposed legislation, to the secretary of administration and finance and the house and senate committees on ways and means not later than March 1, 1999.
SECTION 383. The department of revenue and the public employee retirement administration commission shall submit a report to the house and senate committees on ways and means and the secretary of administration and finance on the fiscal impact of deducting all retirement allowances payable to veterans under sections 58 to 60, inclusive, of chapter 32 of the General Laws, from the federal gross income in determining the Massachusetts gross income pursuant to section 2 of chapter 62 of the General Laws.
SECTION 384. The executive office for administration and finance, in consultation with the executive office of health and human services and appropriate state agencies including, but not limited to, the division of medical assistance and the departments of public health and mental health, shall assess the impact of health care benefit expansions enacted pursuant to chapter 203 of the acts of 1996 and chapter 170 of the acts of 1997 on the provision of health care benefits and services by programs of said agencies. Such assessments shall analyze and report on the projected caseload and cost implications of such health care expansions for such state-funded health programs including, but not limited to, family health services, early intervention, the healthy start program, AIDS prevention and treatment services, substance abuse services, community mental health, adult community services, the universal immunization program and the children's medical security plan. Such report shall also detail the impact of health care expansions on the public health hospitals, including the projected impact on hospital census, hospital revenues and federal reimbursement for each public health hospital. Such report shall also include an estimate of the number of clients served by programs within the departments as of July 1, 1998 who are eligible for services under the MassHealth program at the division of medical assistance. Based on such assessment, such report shall include recommendations for re-allocating resources and reconfiguring programs in order to eliminate program duplication and maximize federal and third party reimbursements. Such recommendations may also include proposals for the use of any savings to state-funded programs resulting from such health care benefit expansion for unmet need, waiting lists and enhancements of existing services. Such report shall be submitted to the house and senate committees on ways and means not later than November 1, 1998.
SECTION 385. There is hereby established a special commission consisting of the secretary of administration and finance, or his designee, who shall serve as chairman, the secretary of elder affairs, or his designee, the commissioner of medical assistance, or his designee, one member of the Massachusetts Home Care Association, one member of the Home and Health Care Association, and one representative of consumers receiving Medicare home health services to be appointed by the governor for the purposes of studying the impact of current and anticipated reductions in Medicare spending as a result of the Balanced Budget Act of 1997, so-called, on the provision of home health and state-funded home care services to elderly and disabled persons in the commonwealth. Said special commission shall use the results of said study to develop a plan for assisting agencies that provide home based health care funded by Medicare that face severe financial duress or agencies that provided home-based care that face substantial increases in demand for their services as a result of reductions in Medicare spending. The commission shall report the results of said study, including said plan, by filing the same with the clerks of the house and senate not later than September 1, 1998.
SECTION 386. Notwithstanding any general or special law to the contrary, there is hereby established a special commission to study methods of reducing the civil liability for acts or omissions committed by certain health care and human services professionals while serving as volunteers. Said study shall include, but not be limited to, examination of ways to relieve said professionals from civil liability unless they have committed an act of gross negligence or willful misconduct, and deeming such professionals as agents of the commonwealth who are acting in an authorized governmental capacity with respect to delivery of such health care and human services as volunteers. Said study shall apply to, but not be limited to, individuals licensed in audiology, speech pathology, dentistry, medicine, nursing, optometry, pharmacy and psychology and licensed opticians, hearing aid specialists and mental health counselors who serve in a volunteer capacity without compensation, provided that such individuals have no legal or financial interest in a clinic to which a patient is referred. Said commission shall consist of ten members as follows: three members of the house of representatives, one of whom shall be the house chairman of the joint committee on health care, and one of whom shall be a member of the minority party in the house; three members of the senate, one of whom shall be the senate chairman of the joint committee on health care, and one of whom shall be a member of the minority party in the senate; the secretary of the office of consumer affairs and business regulation or his designee; the director of the division of registration or his designee; the attorney general or his designee and the commissioner of the department of public health or his designee. The joint chairs of the committee on health care shall serve as co-chairs of said commission. Said commission shall report said study together with its recommendations, if any, and draft legislation necessary to carry out such recommendations by filing the same with the house and senate clerks, and the house and senate committees on ways and means on or before March 31, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 387. The board of registration in pharmacy shall conduct an investigation
and study relative to the necessity of licensing pharmacy technicians employed in retail
pharmacies, hospitals, clinics and other health care provider settings. Said board shall report the
results of such investigation and study to the joint committees on ways and means and health
care on or before December 31, 1998; provided, however, that said board shall, prior to
concluding such study, consult with parties affected by said board's matter of study including,
but not limited to, the Massachusetts Association of Health System Pharmacies, Massachusetts
Chain Drug Council, Massachusetts Pharmacists Association and the division of health care
quality within the department of public health.
SECTION 388. There is hereby established a task force to study the effects on cost,
quality and access of increasing the number of programs at community hospitals that are
authorized to perform cardiac surgery in affiliation with accredited and primary thoracic surgery
residency programs at academic medical centers.
Said task force shall consist of thirteen members: two members of the senate, one of whom shall
be the senate chairman of the joint committee on health care and the other of whom shall be a
member of the minority party recommended to the president of the senate by the senate minority
leader for appointment to said task force; one of whom shall be the house chairman of the joint
committee and the other of whom shall be a member of the minority party recommended to the
speaker of the house of representatives by the minority leader for appointment to said task force;
the secretary of the executive office of health and human services; the commissioner of public
health; and the following seven members to be appointed by the governor, one of whom shall
represent academic medical centers and who shall be a cardiac surgeon; one of whom shall
represent a graduate school of public health and shall be a medical economist, one of whom shall
represent the Massachusetts Medical Society, one of whom shall represent the Massachusetts
Hospital Association, one of whom shall represent the Massachusetts Council of Community
Hospitals, one of whom shall represent the Massachusetts Association of Health Maintenance
Organization, and one of whom shall represent Associated Industries of Massachusetts. Said task
force shall be chaired jointly by the chairmen of the joint legislative committee on health care
and the secretary of the executive office of health and human services.
Said task force shall study: (1) issues relative to quality and cost in establishing and operating
community-based cardiac surgery programs supported by collaboration agreements with
academic medical center as compared to cardiac surgery programs operated at such academic
medical centers; (2) whether the determination of need program adequately projects the clinical
need for cardiac surgery; (3) whether such need can financially and clinically support the
expansion of such programs to community hospitals; (4) whether access to existing cardiac
surgery programs is reasonable or sufficient to meet patient needs or would be enhanced by the
development of new community-based cardiac surgery programs; (6) the impact of
community-based cardiac surgery programs on patient volume, quality and viability of existing
cardiac surgery programs at each of the academic medical centers; (7) the health and
socioeconomic status and size of the population of the primary service area of not more than six
community hospitals that the department would consider to be financially and clinically capable
and prepared of operating community-based cardiac surgery programs; and (8) the sufficiency of
the affiliation agreement that each such community hospital proposed to establish with an
academic medical center to meet quality, volume and cost efficiency standards established by the
department.
Said task force shall submit said report to the house and senate committees on ways and means
not later than January 1, 1999. The department of public health is hereby prohibited from
awarding and proceeding with any such community-based pilot or demonstration program
relative to cardiac surgery, including, but not limited to open heart surgery, until the report of
the commission has been filed with the clerk of the house of representatives and the clerk of the
senate.
N.B. - The Acting Governor has vetoed this section
SECTION 389. The department of transitional assistance, in consultation with the
Massachusetts commission for the blind, shall submit a comprehensive report on the proposed
administration by the commonwealth of the state supplement of the Supplemental Security
Income program, including a detailed assessment of costs associated with field operations,
medical determinations, check processing and information systems. Such report shall include:
(1) a cost/benefit analysis, so-called, that compares the projected costs of federal administration
with the projected cost of state administration; (2) estimates for in-house administration as
compared to cost estimates for contracted service, including costs associated with modifying the
benefit eligibility and control on-line network or BEACON system; (3) the number of state-only
cases, the projected number of annual disability determinations and the cost per determinations,
the projected number of annual disability redeterminations and cost per redeterminations and the
cost per check using said department's electronic benefit transfer system; (4) a continuation of
the current state disability and financial eligibility standards; and (5) recommendations for
coordinating service delivery with the federal Social Security Administration. Said department
shall submit such report to the house and senate committees on ways and means and the
secretary of administration and finance on or before November 1, 1998.
SECTION 390. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to study the potential reuse of the building and grounds of Dever State School, which shall evaluate the best use of said property from a community and regional perspective. Said commission shall consist of the commissioner of capital asset management and maintenance, or his designee, the commissioner of mental retardation, or his designee, the director of economic development, or his designee, one member appointed by the Southeastern Regional Planning and Economic Development District, one member appointed by the mayor of the city of Taunton, two members from the department of mental retardation region V citizen advisory board to be appointed by the commissioner of said department; one member of the Dever Association, one member representative of the AFL-CIO, the state senator from the first Plymouth and Bristol district, the state representative from the third Bristol district, the state representative from the fourth Bristol district, the state representative from the fifth Bristol district and one member appointed by the greater Taunton chamber of commerce. The commission shall file a report and recommendations with the house and senate committees on ways and means not later than June 30, 1999.
SECTION 391. The secretary of health and human services shall submit a report to the senate and house committees on ways and means, not later than January 31, 1999 on changes made to the process of conducting investigations into allegations of abuse of persons with disabilities pursuant to recommendations of the investigations advisory panel for the department of mental retardation in its April 1998 report.
N.B. - The Acting Governor has vetoed this section
SECTION 392. Notwithstanding the provisions of any general or special law to the
contrary, the secretary of environmental affairs shall conduct a study of sedimentation patterns in
Hyannis Harbor, so-called, for the purpose of determining whether or not the activities of the
Woods Hole, Nantucket and Martha's Vineyard Steamship Authority are adversely impacting the
activities of marinas or other water dependent uses prevalent in said harbor. Said study shall take
into consideration all prior studies conducted by said Authority and other users of the harbor.
The results of said study shall be submitted to the house and senate committees on ways and
means not later than February 3, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 393. Notwithstanding the provisions of any general or special law to the
contrary, the commissioner of the department of fisheries, wildlife and environmental law
enforcement, in consultation with the secretary of administration and finance, shall study the
issue of selling and issuing licenses and registration certificates, including the renewal and
transfer thereof issued pursuant to the provisions of subsection (a) of section 30 and sections 11,
22 and 23 of chapter 90B and sections 2, 4, 17, 38, and 83 of chapter 130 of the General Laws,
in order to determine whether persons other than the director should be authorized to act as an
agent for said director and charge a fee therefor, and shall issue a report and recommendations, if
any, together with legislation and shall file the same with the clerk of the house and senate and
the house and senate committees on ways and means not later than November 15, 1998. Said
report and legislation shall include provisions specifically designed to protect the commonwealth
against unauthorized licensing and other fraud that may result from the designation of alternative
licensing agents.
N.B. - The Acting Governor has vetoed this section
SECTION 394. Notwithstanding the provisions of any general or special law to the
contrary, the office of travel and tourism and the metropolitan district commission, in
consultation with the municipalities in the vicinity of the Quabbin reservoir, and the departments
of environmental protection, environmental management, fisheries, wildlife and environmental
law enforcement, shall jointly study opportunities to promote tourism and expand recreational
facilities and activities in said towns. Said study shall: (a) develop a strategy to promote the
unique scenic beauty and cultural activities of said towns; (b) delineate opportunities to expand
recreational activities, including, but not limited to, passive and active recreational activities
within said towns; (c) study methods by which such activities may be expanded without
compromising the integrity of the watershed area surrounding the Quabbin reservoir; and (d)
study the environmental impact, if any, of current recreational and tourism activities in said
towns on the water quality of said reservoir. Said study, together with recommendations for
legislation, if any, shall be submitted to the house and senate committees on ways and means and
the joint committee on natural resources and agriculture not later than February 3, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 395. Not later than December 15, 1998, the registrar of motor vehicles
shall, in consultation with the commissioner of environmental protection, file a report with the
secretary of administration and finance and the house and senate committees on ways and means
detailing the projected balance as of June 30 of each fiscal year for fiscal years 1998 to 2005,
inclusive, of the Motor Vehicle Inspection Trust Fund established by section 61 of chapter 10 of
the General Laws. Such report shall include the projected total annual revenues and expenditures
for fiscal years 1998 to 2005, inclusive, and shall identify the means by which said fund shall be
brought into balance by June 30, 2005, as required pursuant to said section 61. Said registry and
said department shall revise and resubmit such report not later than the second Wednesday of
December of each fiscal year for fiscal years 1999 to 2005, inclusive.
N.B. - The Acting Governor has vetoed this section
SECTION 396. There is hereby established a special commission on expenditures by
the commonwealth for snow and ice operations which shall be comprised of four members of the
house of representatives, one of whom shall be appointed by the minority leader, three members
of the senate, one of whom shall be appointed by the minority leader, the secretary of
administration and finance or his designee and the commissioner of highways or his designee.
Said commission shall conduct an analysis and review of the process for making appropriations
and supplemental appropriations with regard to snow and ice operations and making
recommendations for improvements in the policies and procedures currently utilized with the
goal of ensuring more timely payment to vendors and contractors utilized by the commonwealth
in snow and ice operations and procedures utilized by the Highway Fund in ensuring the most
cost-effective use of private vendors. Said commission shall hold its first meeting not later than
September 30, 1998 and shall file a report with recommendations with the clerks of the house of
representatives and senate and the senate and house committees on ways and means not later
than March 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 397. The Brockton Area Transit Authority and the Massachusetts Bay
Transportation Authority are hereby directed jointly to study the feasibility of providing
interdistrict transportation services for the town of Rockland and contiguous communities to
satisfy the transportation needs, including but not limited to shopping, health care, daycare and
education. Said study and accompanying recommendations shall be filed with the secretary of
transportation, the house and senate ways and means committees and the joint committee on
transportation on or before April 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 398. There is hereby established a special commission to study the
acquisition, control and disposition of real property by public authorities for the purpose of
determining whether or not such authorities shall be governed by the provisions of sections 40E
to 40L, inclusive, of chapter 7 of the General Laws. Said special commission shall examine the
purposes of the aforementioned sections of said chapter 7 and the policy of allowing public
authorities to be governed by separate sections of the General Laws for the acquisition, control
and disposition of real property. Said special commission shall consist of two members of the
senate, the secretary of administration and finance, the inspector general and the commissioner
of capital asset management and maintenance.
For the purposes of such study, public authorities shall include, but not be limited, to the Bay
State Skills Corporation, Centers of Excellence Corporation, Community Economic
Development Assistance Corporation, Community Development Finance Corporation,
government land bank, Massachusetts Bay Transportation Authority, Massachusetts Business
Development Corporation, Massachusetts Capital Resource Company, Massachusetts
Convention Center Authority, Massachusetts Corporation for Educational Telecommunications,
Massachusetts Education Loan Authority, Massachusetts Health and Educational Facilities
Authority, Massachusetts Higher Education Assistance Corporation, Massachusetts Housing
Finance Agency, Massachusetts Horse Racing Authority, Massachusetts Industrial Finance
Agency, Massachusetts Industrial Service Program, Massachusetts Legal Assistance
Corporation, Massachusetts Port Authority, Massachusetts Product Development Corporation,
Massachusetts Technology Development Corporation, Massachusetts Technology Park
Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resources Authority,
Nantucket Land Bank, New England Loan Marketing Corporation, Pension Reserves Investment
Management Board, State College Building Authority, Southeastern Massachusetts University
Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell
Building Authority, University of Massachusetts Building Authority, victim and witness board
and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority. Said special
commission shall report, in writing, the results of such study, together with recommendations for
legislation, if any, to the house and senate committees on ways and means and the joint
committee on state administration not later than January 15, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 399. The department of education shall conduct a study of special education
transportation for the purpose of improving the provision of transportation services to children
with special needs who attend out-of-district school programs pursuant to chapter 71B of the
General Laws. Said department shall report the results of such study to the joint committee on
education, arts and humanities and the house and senate committees on ways and means not later
than December 1, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 400. Notwithstanding the provisions of any general or special law to the
contrary, the administrators of the Massachusetts criminal justice training council shall work in
coordination with the board of higher education to study the feasibility of developing a certified
program or certified courses for academic alternative preservice training at the higher education
facilities. The results of such study shall be reported to the senate president, the speaker of the
house of representatives, the senate minority leader, the house minority leader, the joint
committee on public safety and the house and senate committees on ways and means not later
than December 31, 1998.