SECTION 401. The public employee retirement administration commission shall prepare a status report, including an analysis and recommendations for adjustment or change, of the fee and expense schedule established by the house and senate committees on ways and means pursuant to paragraph (c) of subdivision (3) of section 6 of chapter 32 of the General Laws. Said commission shall file a report with the house and senate committee on ways and means not later than August 15, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 402. Notwithstanding the provisions of any general or special law to the
contrary, the personnel administrator shall develop a revised management pay plan for the
commonwealth. Such revised management pay plan shall replace the management pay plan in
section 46C of chapter 30 of the General Laws. Such revised management pay plan shall be filed
in the form of legislation with the house and senate clerks not later than October 1, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 403. Notwithstanding the provisions of any general or special law to the
contrary, the personnel administrator, in consultation with the comptroller, shall file a revised
personnel schedule with the house and senate committees on ways and means. Such revised
schedule shall reschedule positions to those items of appropriation from which the majority of
such positions' compensation is paid. Such revised schedule shall be designed to minimize the
need for the comptroller to employ the Personnel Cost Reporting System, so-called, in allocating
charges for compensation of state personnel. Such revised plan shall be filed with the house and
senate committees on ways and means not later than September 1, 1998 and shall take effect not
later than September 30, 1998. The personnel administrator and the comptroller shall make such
adjustments as may be necessary to the Massachusetts management accounting and reporting
system the personnel administrative reporting information system, so-called, and the payroll cost
reporting system, so-called, in order to implement the revised personnel schedule filed under the
provisions of this section.
N.B. - The Acting Governor has vetoed this section
SECTION 404. The secretary of public safety shall conduct a study relative to
amending the operating under the influence laws and the methods for maximizing federal
funding revenue sources. Said secretary shall report the results of such study to the joint
committees on criminal justice and public safety 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 405. Notwithstanding the provisions of any general or special law to the
contrary, there is hereby established a special commission to study methods of identifying
potentially dangerous students and protecting the students, faculty and administration
commonwealth from acts of extreme violence. Such study shall include, but not be limited to,
the detection of early warning signs, effective methods of intervention once a student is
identified, the use of security guards or metal detectors in schools, appropriate levels of
punishment for carrying guns in schools and appropriate peer and guidance counseling. Said
commission shall consist of 12 members as follows: the house and senate chairmen of the joint
committee on public safety; the house and senate chairmen of the joint committee on education;
the commissioner of the board of education or his designee; one superintendent who shall be
appointed by the Massachusetts Association of Superintendents; one principal who shall be
appointed by Massachusetts Association of Secondary School Principals; one teacher who shall
be appointed by the Massachusetts Teacher's Association; the secretary of the executive office of
public safety or his designee; one chief of police who shall be appointed by the Massachusetts
Police Chiefs Association; one ranking officer who is a member of the Massachusetts Safety
Officers League who shall be appointed by said league; and one patrolman who is a member of
the Massachusetts Safety Officers League who shall be appointed by said league. Said
commission shall research and develop appropriate guidelines and criteria for a report and
recommendations no later than September 1, 1998. Said commission shall conduct five regional
hearings across the commonwealth to assist in the development of guidelines and shall establish
criteria for recommendations not later than November 1, 1998. Said commission shall report the
results of its study, together with recommendations and drafts of 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 November 30, 1998.
SECTION 406. (1) Notwithstanding the provisions of any general or special law to the
contrary, in order to access funds from the School and Libraries Corporation, hereinafter known
as the Universal Service Fund, or a successor thereto, the commonwealth and its political
subdivisions may utilize the provisions of section 5 of chapter 30B of the General Laws to solicit
competitive sealed bids for the installation of network components, customer premises
equipment, physical plant and electronic infrastructure supporting a local area network, wide
area network services, whether broadband, switched, analog or digital for the receipt, forwarding
and delivery of communications including, but not limited to, the design and construction of
building technology infrastructure and supporting electrical work of public schools and libraries,
to be paid for, financed or otherwise funded, in whole or in part, with funds from the Universal
Service Fund. Electrical upgrades and other construction work necessary in such projects that are
not funded from the Universal Service Fund may be included in contracts awarded pursuant to
this subsection. The provisions of sections 38A½ to 38O, inclusive, of chapter 7, section
39M of
chapter 30 and sections 44A to 44J, inclusive, of chapter 149 of the General Laws shall not
apply to contracts awarded under this subsection; provided, however, that the provisions of
sections 26 to 27H, inclusive of said chapter 149 shall apply to contracts awarded pursuant to
this subsection.
(2) Awarding authorities shall observe the following requirements in any procurement conducted
pursuant to this section.
(a) Only vendors that have been prequalified by the awarding authority may bid on a project,
except that the commonwealth may establish a statewide list of prequalified vendors that may
bid on a project. A vendor that is on a statewide blanket contract established by the operational
services division or the department of education, or that has received an appropriate certificate of
eligibility for telecommunications systems pursuant to section 44D of chapter 149 of the General
Laws, shall be deemed prequalified and may bid on projects under this section; provided,
however, that any such prequalified bidder, if selected as the best value and winning bid, who
does not participate in a bona fide telecommunications apprenticeship program approved by the
commonwealth which program complies with the requirements of sections 11E to 11L,
inclusive, of chapter 23 of the General Laws and includes all trades or occupations represented
in their workforce at the time of submitting a bid, shall establish such a bona fide
telecommunications apprenticeship program and submit to the awarding authority a certificate of
insurance evidencing membership in an insurance program as set forth in chapter 152 of the
General Laws prior to the signing of the contract by such awarding authority. Such insurance
policy shall remain in effect for the duration of the contract. If such insurance expires before the
completion of the work under such contract, the applicant shall provide to the awarding authority
a new certificate of insurance showing to the satisfaction of such awarding authority the new
expiration date of such policy.
(b) The awarding authority shall prequalify vendors by publishing a notice of its invitation for
applications for prequalification in the central register published by the state secretary and in a
newspaper of general circulation in the locality of the project. Such awarding authority shall
prequalify vendors solely on the basis of the evaluation criteria reasonably calculated to identify
qualified vendors and included in the invitation for applications. Such criteria shall be consistent
with the minimum prequalification criteria set by the commonwealth.
(c) The awarding authority shall invite bids from prequalified vendors by publishing a notice in
the central register published by the state secretary and in a newspaper of general circulation in
the locality of the project.
(d) The awarding authority shall award contracts to the prequalified bidder who offers such
awarding authority the best value. Best value shall mean making contract award decisions on the
basis of price and the bidder's ability to successfully complete the contract on time and at the
quality level specified at the offered price, technical factors relating the project and the bidder's
past performance on similar contracts. All elements, including price, shall be identified in the
invitation for bids as to their relative importance to the awarding authority in the final selection
process.
(e) The provisions of sections 26 to 27H, inclusive, of said chapter 149 shall apply to any
contracts awarded pursuant to this section.
(f) Awarding authorities shall submit a copy of any contract awarded pursuant to this section to
the department of education and the inspector general within 15 days of signing such contract.
(3) This section establishes an alternative procurement procedure for awarding authorities and
nothing in this section be construed to prevent an awarding authority from using any other
procurement method allowed by law.
SECTION 407. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance and the secretary of environmental affairs, shall jointly study the need for an increase in the handling fee paid to redemption centers, so-called, pursuant to paragraph (e) of section 323 of chapter 94 of the General Laws. Such study shall evaluate the financial implications of an increase in the handling fee and the benefit, if any, to the commonwealth, redemption centers and consumers as a result of a change in such fee and shall further analyze, by way of comparison, the handling fees of other states. Such study shall also consider whether distributors shall be required to pick up such beverage containers from redemption centers, or otherwise pay for the charges associated with transportation of said beverage containers. Said secretaries shall report by September 30, 1998 to the house and senate committees on ways and means with the results of their study and shall make recommendations for legislation.
SECTION 408. Notwithstanding the provisions of any general or special law to the
contrary, for the commonwealth's fiscal years beginning in fiscal year 1999, any specialty
hospital, as defined in section 1 of chapter 118G of the General Laws, which provides free care
as defined in said section 1 of said chapter 118G, shall be entitled to file a petition with the
division of health care finance and policy for relief from its net liability to the uncompensated
care pool pursuant to section 18 of said chapter 118G; provided, however, that such specialty
hospital's gross outpatient service revenue shall equal at least 80 per cent of its gross patient
service revenue as of January 1, 1996. For the purposes of this section "gross outpatient service
revenue" shall mean gross patient service revenue minus gross inpatient service revenue.
For relief for the commonwealth's fiscal year 1999, the division shall determine such specialty
hospital's excess revenues over expenses using the audited financial statements for hospital fiscal
year 1997. The relief shall equal the difference between such specialty hospital's net liability to
the uncompensated care pool calculated pursuant to said section 18 of said chapter 118G and the
excess revenues over expenses; provided, however, that if such difference is in the negative, the
relief shall equal such hospital's net liability to the pool.
For years subsequent to the commonwealth's fiscal year 1999, said specialty hospital shall file
such petition by February 1 of each year requesting relief for the following fiscal year of the
commonwealth. The division of health care finance and policy shall determine whether such
specialty hospital's ratio of free care and emergency bad debt charges to nonemergency bad debt
charges meets the following criteria, using the uncompensated care charges reported for the most
recent hospital fiscal year or, if such charges are unavailable, the best available data. For relief
from the commonwealth's fiscal year 2000 net liability, such specialty hospital's fiscal year 1998
ratio shall increase by at least 10 per cent over its fiscal year 1997 ratio. For relief from the net
liability in the commonwealth's fiscal year 2001 and subsequent years, such specialty hospital's
ratio for the hospital's fiscal year two years prior to the year for which relief is requested must
increase by at least 30 per cent over its ratio for its fiscal year three years prior to the year for
which relief is requested, until its ratio is greater than or equal to the average ratio for all acute
hospitals exclusive of Boston City Hospital and Cambridge Hospital. Once the specialty
hospital's ratio is greater than or equal to such average, such ratio shall remain at least 90 per
cent of such average in each succeeding year in order to continue to qualify for relief.
For relief for years subsequent to the commonwealth's fiscal year 1999, providing the specialty
hospital's ratio meets these criteria, the division shall determine such specialty hospital's excess
revenues over expenses, using the audited financial statements for the hospital fiscal year two
years prior to the year for which relief is requested or, if such statements are not available, the
best available data. If such specialty hospital has received less than $936,000 from its related
parent company or foundation in any fiscal year, its excess revenues over expenses shall be
recalculated as if it had received $936,000 from such parent company or foundation. The relief
shall equal the difference between such specialty hospital's net liability to the uncompensated
care pool calculated pursuant to section 18 of chapter 118G of the General Laws and such excess
revenues over expenses; provided, however, that if such difference is in the negative, the relief
shall equal said specialty hospital's net liability to the pool; and provided further, that if such
difference is positive and less than one-half of one per cent of such specialty hospital's net
patient service revenue, the relief shall be zero.
If such specialty hospital qualifies for relief under this section, the division shall transfer from
the labor shortage fund, established pursuant to section 83 of chapter 23 of the acts of 1988 into
the Uncompensated Care Trust Fund, established by section 18 of chapter 118G of the General
Laws, an amount equal to the amount of such relief calculated pursuant to this section for the
commonwealth's relevant fiscal year, for the purpose of ensuring that other participating
hospitals' liability to the uncompensated care pool does not increase due to the relief granted to
such specialty hospital. The labor shortage fund shall be the sole source of funding for this relief.
If the amount of relief calculated pursuant to this section exceeds the funds remaining in the
labor shortage fund, the amount of relief shall equal the funds remaining in the labor shortage
fund. Such specialty hospital's net liability to the uncompensated care pool pursuant to said
section 18 of said chapter 118G shall be reduced by the amount transferred from the labor
shortage fund.
The division shall file a report with the joint committee on health care and the house and senate
committees on ways and means by April 1 of each year, specifying whether such specialty
hospital meets the criteria set forth in this section, the estimated amount of relief to be granted, if
any, and the current balance of funds remaining in the labor shortage fund.
SECTION 409. A special commission is hereby established, to consist of three members of the senate, one of whom shall be the senate chairman of the joint committee on public service, who shall serve as co-chair of the commission, one of whom shall be appointed by the senate president and one of whom shall be appointed by the senate minority leader; three members of the house of representatives, one of whom shall be the house chairman of the joint committee on public service who shall serve as co-chair, one of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the house minority leader; the governor or his designee; the chairman of the Massachusetts Joint Labor-Management Committee and six persons to be appointed by the governor, one of whom shall be a firefighter representing the Professional Fire Fighters of Massachusetts from nominations submitted to the governor by said Professional Fire Fighters of Massachusetts, one of whom shall be a police officer representing the International Brotherhood of Police Officers, NAGE, one of whom shall be a member of the AFL-CIO from nominations submitted by said AFL-CIO, two of whom, one representing towns and one representing cities, shall be representatives of the Massachusetts Municipal Association from nominations submitted by the Massachusetts Municipal Association and one of whom shall be a management member of the Massachusetts Joint Labor-Management Committee, for the purpose of making an investigation and study of collective bargaining and dispute resolutions for municipal police officers, firefighters and other public employees, to examine procedures including, but not limited to, the implementation of a binding arbitration process by which collective bargaining negotiations which have remained unresolved for an unreasonable period of time between such municipal police officers, firefighters and other public employees in the cities and towns may be resolved and to review any other matters as said commission deems appropriate. Said commission shall report to the general court the results of its study and its recommendations, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the clerk of the house of representatives on or before June 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 410. There is hereby established a special commission to examine, review
and analyze the practices and policies of the commonwealth, including the judiciary, as they
apply to the determination, modification, calculation and collection of child support, the
determination and administration of the rights of custodial parents, non-custodial parents and
those parents entitled to joint custody as the result of a divorce or separation, including visitation
and parental information, the issuance, review, termination and modification of restraining
orders pursuant to chapter 209A of the General Laws and any ancillary or related matters.
Said commission shall consist of 13 members who shall be appointed as follows: three members
appointed by the speaker of the house of representatives, at least one of whom shall represent the
minority party; three members appointed by the senate president, at least one of whom shall
represent the minority party and seven members to be appointed by the governor, who shall be
as follows: one member of the judiciary currently sitting as a probate judge, one member of the
Massachusetts Bar Association with a practice or expertise in family law, one member from a
recognized group, such as Help for Abused Women and Children, which advocates for women
and children, one member of a recognized group which advocates for fathers, one representative
from the department of revenue, and two members representing the general public.
Said commission shall examine, review and analyze such matters and consider the fairness,
equity, practicality and accountability of such subject matter together with its consequences for
the welfare of parents, children and family preservation and stability. Said commission shall
report its findings, together with any legislative recommendations to the clerks of the house and
senate and the house and senate committees on ways and means not later than June 30, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 411. The department of environmental protection, in consultation with the
executive office for administration and finance, the Water Pollution Abatement Trust, and the
department of housing and community development, shall conduct a study of potential financial
assistance programs including, but not limited to, a Title V betterment program, relating to the
costs of bringing sewage disposal systems serving manufactured housing communities into
compliance with 310 CMR 15.00. A report thereof shall be submitted to the house and senate
committees on ways and means not later than October 31, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 412. The department of public health shall conduct a study and file a report
on a program of prescription drug coverage for uninsured or underinsured individuals
undergoing treatments for life threatening or terminal diseases. Such report shall include, but not
be limited to: the amount of state spending proposed, a statement of reasons in support of such
amount and efforts to be undertaken by said department to establish and increase alternative
sources of funding. Such report shall be filed with the general court not later than December 31,
1998.
N.B. - The Acting Governor has vetoed this section
SECTION 413. The Massachusetts Bay Transportation Authority shall prepare a study
on the feasibility of providing additional commuter rail and bus transportation services to
facilitate reverse commuting services, so-called. Such study shall include, but not be limited to,
the following: 1) demand for additional commuter rail services that provide transportation from
Boston during both morning and evening rush hour commutes to stations on commuter rail lines;
2) additional bus services and routes needed to provide north and south connecting services
between commuter rail stations located in municipalities along the state highway route 128 and
interstate highway route 495 corridor and the demand for such services; 3) whether such services
assist businesses and industries with the recruitment and retention of employees; and 4) the
impact of such services on traffic management and congestion. A report of such study shall be
filed with the clerks of the house and senate and with the joint committee on transportation not
later than December 1, 1998.
N.B. - The Acting Governor has vetoed this section
SECTION 414. Notwithstanding the provisions of any general or special law to the
contrary, the department of revenue, in concert with the registry of motor vehicles and the office
of the inspector general, shall create the automobile registration and insurance law enforcement
program to enforce all provisions of chapters 59, 60A, 64H, and 64I of the General Laws,
relative to automobile registration, sales, excise tax, and automobile insurance laws and to
publicize to the citizens of the commonwealth any changes to said provisions; provided, that the
department of revenue shall purchase and develop computers and computer programs and hire
administrative or computer support personnel necessary to enforce said provisions; provided
further, that no more than 40 per cent of the appropriation made in item 1599-0001 shall be
spent on administration and personnel; and provided further, that the commissioner shall report
to the clerks of the house and senate by the second Monday in September, 1998 what, if any,
additional appropriations and amendments to the General Laws are necessary to enforce said
provisions.
N.B. - The Acting Governor has vetoed this section — and the General Court
subsequently overrode the Governor's actions.
SECTION 415. The executive office of transportation and construction shall conduct a
daily study of traffic speed on the portion of state highway route 3 south of the city of Boston.
Specifically, such study shall be conducted daily, at four hourly intervals, beginning at 6:30 a.m.
and continuing to 9:30 a.m. for the northbound lanes and measuring the amount of time required
to travel from the interchange with state highway route 53, at exit 13, in the town of Hanover, to
the exit for Kneeland street in the city of Boston. Such study shall also be conducted daily, at
four hour intervals, beginning at 3:30 p.m. and continuing until 6:30 p.m. Said executive office
shall file a quarterly report with the joint committee on transportation in the legislature on the
results of such study, including any recommendation for increasing the speed traveled on said
state highway route 3 during the hours being studied.
N.B. - The Acting Governor has vetoed this section
SECTION 416. The president of the senate, the speaker of the house of representatives
and the house and senate chairmen of the joint committee on education, arts and humanities shall
contract with an independent entity to conduct a study of the impact of changing from maximum
possible development in the least restrictive environment standard to the federal free appropriate
public education standard in the delivery of education programs and services to children with
disabilities. As a source of technical assistance in selecting the independent entity to conduct
such study, the president of the senate, the speaker of the house and the house and senate
chairmen of the joint committee on education, arts and humanities shall retain the University of
Massachusetts through the Donahue Institute to work with other public and private higher
education and external organizations in conducting the appropriate research. Such study shall
include, but not be limited to: (a) analysis of the potential harm and benefits of changing the
standard for all children with disabilities including, but not limited to, the potential impact on
deaf children, children with mental retardation and children with autism and pervasive
developmental disorder, as well as the potential impact on special education programs and
services provided to children with disabilities as individual school districts respond to the change
in standard; (b) review and comparison of special education programs and services provided to
children with disabilities in the period prior to enforcement of maximum possible development
in the least restrictive environment standard by the courts in 1985 as compared to programs and
services provided in the time period subsequent to 1985 including, but not limited to, a review of
the change in rates for placing students with disabilities in more and less restrictive programs;
(c) comparison of the commonwealth's rates for placing children with disabilities in state
operated institutions compared to the rates for other states; (d) review and comparison of the
commonwealth's placement rates in regular education programs compared to placement rates in
other states; (e) a review of the standards established in other states; (f) review and comparison
of decisions rendered by administrative law judges and state and federal courts in the
commonwealth as compared to decisions in other states; (g) analysis of how the change in
standard could impact inclusion of children with disabilities in regular education programs; (h)
analysis of the cost implications of retaining the maximum possible development in the least
restrictive environment standard and the cost implications of changing to the free appropriate
public education standard including, but not limited to consideration of potential costs incurred
from litigation resulting from a change in the standard; (i) a review of the funding formula for
special education, including a review of the funding formula's consistency with the IDEA
Amendments of 1997 and any specific recommendations for changes in the formula; (j) an
analysis and projection of the impact on programs and services provided to children with
disabilities during the period of transition as individual districts interpret and implement a new
standard; (k) comparison of the programs and services provided to children with disabilities in
states that have consistently utilized the federal standard as compared to programs and services
projected to be provided to children in the commonwealth during the period of transition as
individual districts interpret and implement the new standard. A report of said study shall be
filed with the president of the senate, the speaker of the house of representatives and the joint
committee on education arts and humanities not later than February 1, 1999.
SECTION 417. Notwithstanding the provisions of general or special law to the contrary, all wireless service providers are hereby prohibited from charging a fee for 911 calls.
SECTION 418. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance shall examine the provider rate paid to the Union Square Nursing Home including, but not limited to, consideration of the extent to which such rate compares with rates paid to other nursing homes in the city of Boston. Said division shall report its findings to the house and senate committees on ways and means and the joint committee on health care not later than August 15, 1998.
SECTION 419. There is hereby established the South Shore Recycling Cooperative, a
public body politic and corporate, hereinafter referred to as the cooperative. The towns of
Abington, Cohasset, Duxbury, Hanover, Hingham, Hull, Kingston, Marshfield, Norwell,
Pembroke, Rockland, Scituate and Weymouth may enter into an agreement to join said
cooperative.
Said cooperative shall be for the purpose of and in accordance with an agreement entitled,
"Intermunicipal Agreement for Cooperative Recycling on the South Shore", hereinafter referred
to as the agreement, which is on file in the office of the town clerks of the member
municipalities.
This section shall take effect in any aforementioned town upon vote by town meeting to accept
the provisions of this section and the agreement. Said towns which accept the provisions of this
section and the agreement shall be the initial members of the board of directors of the
cooperative. Any other city or town may join the cooperative by vote of town meeting or city
council, as the case may be, to accept the provisions of the agreement and to accept the
provisions of this section; provided, however, that no such city or town may become a member
unless such membership is accepted by majority vote of the board of directors of said
cooperative.
The powers and authority of the cooperative shall be vested in a board of directors, which shall
be composed of two representatives from each member city and town, appointed for three-year
terms. One representative from each member city and town shall be appointed by the elected or
appointed municipal board or commission which shall have the authority over solid waste
management in such city or town. One representative shall be appointed by the board of
selectmen or the city council, as the case may be, of the city or town. Each member city or town
shall have one vote in all votes taken by the board of directors.
In addition to the powers enumerated in the agreement, the board of directors of said cooperative
shall have the following rights and powers: to adopt bylaws for the regulation of its affairs and
the conduct of its business; provided however, that such bylaws shall be consistent with this
section; to adopt an official seal and alter the same at its pleasure; to maintain an office at such
places as it may determine; to sue and be sued and to prosecute and defend actions relating to its
properties and affairs; to own and maintain real and personal property; to apply for, accept and
disburse grant funds; to receive, manage and disburse funds; to conduct regional procurement of
supplies and services for members; to prepare, advertise and award contracts to provide regional
solid waste or recycling services for member towns; to change its name and to hire and fire
personnel.
The cooperative shall not have the power of eminent domain, nor the power to levy taxes, nor to
require the payment of any funds by members, except as provided by the agreement. The
cooperative shall not incur debt which obligates its assets for periods of more than one fiscal
year. The cooperative shall be subject to all local zoning or non-zoning land-uses, by-laws and
regulations. The employees and agents of the cooperative shall be agents and employees of the
cooperative and not of the member cities and towns.
SECTION 420. Notwithstanding any provision of chapter 29C of the General Laws to the contrary, the water pollution abatement trust created under said chapter 29C may provide loans to local governmental units for water pollution abatement projects with a useful life in excess of 20 years, such loans to be repaid over a term not greater than such useful life and, in no case greater than 30 years, and otherwise on such terms and conditions as the trust shall require and, in connection therewith, the trust may determine that the subsidy or other financial assistance provided to local governmental units from earnings from investment of reserves allocable to such loans shall be deemed to be the financial equivalent of a grant of 25 per cent of the eligible costs of the projects financed by such loans and that the additional subsidy or assistance provided from contract assistance received under section 6 or section 6A of said chapter 29C, together with such earnings, shall be deemed to be the financial equivalent of a grant of 50 per cent of such eligible costs or such greater percentage as may be required said section 6 or said section 6A; provided, however, that the total amount of contract assistance paid by the commonwealth over the life of such loan shall not exceed the amount of contract assistance that would have been paid if such loan had been made for a 20-year period.
N.B. - The Acting Governor has vetoed this section
SECTION 421. There is hereby established a special commission to study the
feasibility of establishing a state grant program to promote 401(k) participation among small
business employees. Said special commission shall examine state and federal laws as they
pertain to the establishment of such a grant; the need for such a grant; the level of private sector
involvement in such program and the structure and scope of the program. Said special
commission shall consist of the chairmen of the joint committee on commerce and labor, one
individual from each of the following financial institutions: Fidelity Investments, State Street
Corporation, Putnam Investments and Massachusetts Financial Services; an individual from the
AFL-CIO; the director of labor and workforce development or his designee; a representative
from the National Federation for Independent Business; a representative from the Associated
Industries of Massachusetts; a representative from the Greater Boston Chamber of Commerce; a
representative from the banking industry and a representative from the 401(k) participant
education field, all of whom shall be appointed by the governor. Said special commission shall
report, in writing, the results of said study together with its recommendations, if any, not later
than January 1, 1999.
SECTION 422. The secretary of public safety shall conduct a study relative to curbing frivolous lawsuits by inmates and shall file a report and recommendations, together with any legislation necessary to implement the recommendations of the study, with the clerks of house and senate, the joint committee on the judiciary and the house and senate committees on ways and means not later than January 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 423. The chief justice for administration and management, in consultation
with the commissioner of capital asset management and maintenance, shall appoint a director of
facility management for the New Chardon street courthouse and for the Fenton center in the city
of Lawrence. Each director shall be removed in like manner. Each director shall be registered by
the commonwealth as an architect or professional engineer pursuant to the provisions of chapter
112 of the General Laws or shall be a certified property manager and shall have proven ability
and extensive experience in the management and oversight of operation, maintenance and repair
of buildings. Each director shall develop a maintenance plan for the courthouse under his
management, which shall include an analysis of the costs for routine maintenance and long range
capital repair and replacement needs. Such directors shall be responsible for and oversee any and
all maintenance, repair and custodial work, whether routine or extraordinary in nature, and shall
oversee all personnel, including contracted personnel, who are employed to perform and carry
out such work. Each director shall keep an up-to-date record on all capital repair and
maintenance projects completed, in process or scheduled for the future on all courthouse
projects. Each director shall, by January 15, 1999, and annually thereafter prepare a report, on
all capital repair and maintenance projects completed, in process or scheduled for the future.
Such report shall include narrative statements indicating why such repairs or maintenance on
such projects have been performed, postponed or canceled. A copy of such report shall be filed
with the house and senate committees on ways and means, and the court facilities bureau in the
trial court.
SECTION 424. Notwithstanding any general or special law to the contrary, the Massachusetts office of business development is hereby authorized and directed to administer in fiscal year 1999 the Massachusetts manufacturing networks program, established initially as item 9081-7044 in section 2A of chapter 19 of the acts of 1993, by subsequent appropriation acts as item 7003-0904, and in this act as item 7007-0300. In an effort to ensure the cost-effective delivery of network services to manufacturers, said office shall, after consultation with the corporation for business, work and learning, develop and implement in said fiscal year a plan to complete the transition for administrative oversight and management of said network services within the organizational and programmatic structure of said office by July 1, 1999. Said office shall seek the advice of said network boards in creating said plan but shall retain the authority to implement said plan in a manner and on terms and conditions it deems most appropriate. Said plan shall be submitted to the house and senate committees on ways and means not later than December 1, 1998.
SECTION 425. Notwithstanding the provisions of any general or special law to the contrary, local boards of health and the department of environmental protection shall not withhold or revoke any license to operate a mobile home park due to Title V violations for a period of one year from the effective date of this act.
SECTION 426. Notwithstanding any general or special law to the contrary, the Massachusetts office of business development is hereby authorized and directed to administer in fiscal year 1999 the Massachusetts manufacturing partnership, established initially pursuant to item 9000-2102 in section 2 of chapter 110 of the acts of 1993, by subsequent appropriation acts, and in this act as item 7007-0350. To ensure the cost-effective delivery of partnership services to manufacturers and to offset declining federal support for said partnership, said office, after consultation with the corporation for business, work and learning, shall develop and implement in said fiscal year a plan to effectively and cost efficiently administer said partnership. Said plan shall establish a timeline for co-locating partnership service offices at the one-stop regional assistance centers by July 1, 1999 and the integration of the regional partnership boards within said office of business development. Said office shall seek the advice of said boards in creating said plan but shall retain the authority to implement said plan in a manner and on terms and conditions it deems most appropriate. Said plan shall be submitted to the house and senate committees on ways and means not later than December 1, 1998. For the purpose of maximizing a state matching grant for said partnership, said office is hereby authorized and directed to seek approval from the national institute of standards and technology to leverage and utilize up to $1,100,000 of funds appropriated in item 7007-0300 for the creation and support of manufacturing networks.
N.B. - The Acting Governor has vetoed this section
SECTION 427. (1) As used in this section, the following terms shall have the
following meanings:
"Building", the Leverett Saltonstall state office building at 100 Cambridge street in the city of
Boston.
"Secretary", the secretary of administration and finance.
(2) Within 30 days after the effective date of this act, the secretary shall cause to be published in
the central register under section 20A of chapter 9 of the General Laws in large metropolitan
newspapers and professional real estate trade journals a notice requesting proposals from any
public or private entity, agency, individual partnership or joint-venture regarding the use, re-use,
rehabilitation, renovation, reconstruction, purchasing, ownership, leasing, construction or
development of the building. The secretary may include in the notice any information,
restrictions, requirements, conditions or additional provisions that may be necessary to comply
with any applicable law, to assist any public or private entity, agency, individual partnership or
joint-venture in responding to said notice and are consistent with the purposes of this section.
The notice shall solicit the following proposals:
(a) Proposals to purchase the building in its current "as is" condition for its full and fair market
value at its highest and best use. Said proposal shall include a plan for use or re-use of said
building, including any combination of construction of new office space, rehabilitation of
existing office space, or development for uses other than only office space. Proposals shall
relocate the government agencies and departments having occupied the building with office
space in another location, either in the city of Boston or outside said city, including the use of
multiple sites for office space; provided that such sites shall be convenient for the public and to
public transportation and convenient for the business of the public departments or agencies so
located.
(b) Proposals to purchase the building in its current "as is" condition for its full and fair market
value as its highest and best use; provided that said proposal shall include the commonwealth's
retaining the right to occupy no less than 15 per cent of the building after such reconstruction,
repair and rehabilitation of the building for office space for its agencies and departments. Such
proposal shall also include a plan for relocating the agencies and departments of the
commonwealth as provided in paragraph (a).
(c) Proposals to finance, design, redesign, repair, rehabilitate or reconstruct the building for
continued use as office space for the agencies and departments of the commonwealth; provided
that said proposal shall specify a guaranteed price and time for completion of the project and
may also recommend alternatives to existing statutory procurement requirements. Such a
proposal may provide that: (1) the commonwealth will enter into a long-term lease with the
developer; or (2) the commonwealth shall retain title to the building but compensate the
developer for its work.
(d) Proposals of any other type or kind for the use, reuse, rehabilitation, renovation,
reconstruction, purchasing, ownership, leasing, construction or development of the building that
the secretary, in his discretion, may include in the notice; provided that any such proposal shall
be consistent with the purposes of this section.
(3) Notwithstanding any general or special law to the contrary, the secretary shall require each
proposal requested pursuant to subsection (2) to include proof satisfactory to the secretary of the
following: (a) the proponent's financial ability to perform as so required by the proposal; (b) the
proponent's competence and ability to perform as so required by the proposal; (c) the proponent's
ability to secure a surety bond to perform as so required by the proposal; and (d) any other
qualifications, credentials, experience, accreditation or licenses that the secretary may deem
necessary.
(4) All responses to the proposals provided for in subsection (2) shall be submitted to the
secretary on or before ninety days after the publishing of said notice.
(5) Not later than 120 days after the submission of the proposals pursuant to subsection (4), the
secretary shall file a written report with the house and senate committees on ways and means and
the joint committee on state administration. Said report shall include a cost-benefit analysis
comparing the proposals received pursuant to subsection (2) and shall recommend which
proposal is most cost effective; provided that the secretary shall consider, among others, the
following factors as part of said cost-benefit analysis:
(a) Cost, feasibility, effectiveness, and timeliness of renovating, rehabilitating or reconstructing
the building by the commonwealth for the sole use of its agencies and departments;
(b) Purchase price of the building by public or private entity, individual, agency, partnership or
joint-venture;
(c) Cost, feasibility, convenience, availability and effectiveness of relocating agencies and
departments now located in the building to other sites either within or outside the city of Boston;
(d) Cost, feasibility, convenience and timeliness of the commonwealth leasing office space
within the building from a private or public entity, agency, individual, partnership or
joint-venture;
(e) Condition and use of the building, including the nature of the current "as is" condition of the
building, future maintenance costs, rehabilitation or reconstruction costs and danger, if any, to
the health and safety of the users and occupants of the building;
(f) Public convenience to the agencies and departments located in the building;
(g) Availability of financing to the commonwealth or to any private or public entity, agency,
individual, partnership or joint venture;
(h) Role of the commonwealth, if any, with any private or public entity, agency, individual,
partnership or joint venture to renovate, rehabilitate or reconstruct the building;
(i) Potential for economic development within, near or around the building resulting from the
use, reuse, renovation, rehabilitation, construction or reconstruction of the building;
(j) Public interest in terms of cost, financial return and convenience to conduct the business of
the agencies and departments so located; and
(k) A comparison of the anticipated cost of and the amount of time required to complete the
Saltonstall Building project through a conventional public construction process, as mandated by
statute, versus any alternative method of construction proposed by said secretary, in consultation
with the commissioner of the division of capital asset management and maintenance, including,
but not limited to, those methods submitted as a result of a request for proposals authorized by
subsection (2).
The report shall include a copy of all proposals submitted to the secretary, as authorized by
subsection (2), together with the legislation necessary to carry out the proposal selected and
endorsed by the secretary.
SECTION 428. Notwithstanding the provisions of any general or special law to the contrary, the University of Massachusetts Medical School, the state police crime laboratory, and the office of the chief medical examiner, shall conduct a study on the drug analyses performed by said entities. Said report shall include, but not be limited to, a detailed summary of the number and nature of drug analyses performed in fiscal years 1996 through 1998, the number of cases referred by law enforcement authorities, the average number of days needed to complete a drug analysis, the number of cases currently awaiting analysis, cost estimates of the various analyses performed and recommendations to improve the quality and efficiency of services. Said agencies shall file a joint report with the secretary of administration and finance and the house and senate committees on ways and means no later than March 31, 1999.
SECTION 429. Notwithstanding the provisions of any general or special law to the contrary, the sheriff of Plymouth county shall submit to the house and senate committees on ways and means, not later than January 1, 1999, a report on the feasibility of using the Plymouth County Correctional Facility as a regional lock-up facility within Plymouth county. Said report shall propose the terms by which said facility may be used by the individual chiefs of police in Plymouth county for the detention of persons arrested. Said report shall detail the proposed schedule of fees to be assessed against individual chiefs of police for the use of said facility as a regional lock-up; provided, however, that said fees shall be calculated to cover fully the operational costs which are directly related to the operation and maintenance of regional lock-up detention beds in the Plymouth county correctional facility. Said report shall also detail the projected average daily demand for regional lock-up detention beds in relation to the projected capacity in said facility.
SECTION 430. Notwithstanding the provisions of any general or special law to the contrary, there is hereby established a special commission to study the provision of telecommunications services by municipal light plants. Said study shall include, but not be limited to: the extent to which such municipal light plants shall be subject to the jurisdiction and regulation of the department of telecommunications and energy; examination of the effect on competition in the utility industry, the consistency of such services with the intent of relevant federal legislation, including the 1992 Cable Act and the 1996 Federal Telecommunications Act; the effect of such activity on taxation by municipalities; establishment of related services for the deaf and disabled; liabilities of a municipality which has a community antenna television or telecommunications system under the Massachusetts Tort Claims Act; borrowing money outside the debt limit for establishing, purchasing, extending, remodeling, reconstructing or making extraordinary repairs to such telecommunications systems; and the ultimate fiscal benefit of such bundles services to utility customers. Said commission shall consist of the following 11 members: three members of the house of representatives, two of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the minority leader of the house; three members of the senate, two of whom shall be appointed by the president of the senate and one of whom shall be appointed by the minority leader of the senate; the chairman of the department of telecommunications and energy, or his designee; the director of the office of consumer affairs and business regulation; and three representatives of the municipal light plant industry, who shall be appointed by said director of the office of consumer affairs and business regulation. Said commission shall be chaired by said director of the office of consumer affairs and business regulation. Said commission shall report its findings and recommendations with the joint committee on government regulations not later than January 31, 1999.
SECTION 431. Section 11 of this act shall take effect on January 1, 1999.
SECTION 432. Section 130 and 239 shall take effect on July 1, 1997.
SECTION 433. Sections 72, 73, 86, 103, 125, 201, 204 and 209 shall take effect on July 1, 1999.
SECTION 434. Sections 202, 205 and 210 shall take effect on July 1, 2000.
SECTION 435. Section 214 of this act shall apply to all claims under chapter 258 of the General Laws upon which a final judgement has not entered, or as to which an appeal is pending or the appeal period has not expired, and to all claims upon which suit is filed on or after the effective date of this act.
SECTION 436. Sections 263, 314, 315, 316 and 346 shall take effect on June 30, 1998.
SECTION 437. Section 264 shall take effect as of November 28, 1996.
SECTION 438. Section 267 shall take effect as of January 1, 1997.
SECTION 439. Section 262 shall take effect as of January 14, 1997.
SECTION 440. The department of housing and community development shall promulgate regulations implementing section 179. not later than 30 days after the effective date of this act, and maximum rentals, income deductions, income exclusions and rent levels mandated by said section shall take effect on January 1, 1999.
N.B. - The Acting Governor has vetoed this section
SECTION 441. Section 406 shall expire two years from the date of its enactment.
SECTION 442. Sections 188 and 265 shall take effect as of June 30, 1999.
SECTION 443. Except as otherwise provided, the provisions of this act shall take effect on July 1, 1998.