Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, in order to consistently charge expenditures to the various funds of the commonwealth, when fiscal legislation enacted for fiscal year nineteen hundred and ninety omitted language, by item, identifying the funds to which expenditures were to be charged and said expenditures were charged to funds other than the general fund in fiscal year nineteen hundred and eighty-nine, the comptroller is authorized and directed to review and consider the original designation of charges to the various funds of the Commonwealth for fiscal year nineteen hundred and ninety and to allocate said charges in accordance with those made in fiscal year nineteen hundred and eighty-nine with due consideration for account restructurings in chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine. All adjustments to charges to the various funds of the commonwealth shall be implemented in accordance with schedules filed in advance with the house and senate committees on ways and means.

SECTION 2. Notwithstanding fiscal legislation for the fiscal year ending June thirtieth, nineteen hundred and ninety to the contrary, the comptroller shall not approve any new cost of living adjustment to be commenced during the fiscal year ending June thirtieth, nineteen hundred and ninety-one on the basis of the provisions of such fiscal year nineteen hundred and ninety legislation.

SECTION 3. Notwithstanding the provisions of section one hundred and seventy-two of chapter six hundred and fifty-three of the acts of nineteen hundred and eighty-nine or any other general or special law to the contrary, the comptroller shall not recover more than the following amounts for the commonwealth's costs of fringe benefits provided to, or on behalf of, any individual compensated by the University of Massachusetts through any source other than a direct expenditure of an appropriation during fiscal year nineteen hundred and ninety; for fringe benefits associated with the Amherst campus, nine million forty-seven thousand dollars; for fringe benefit costs associated with the Boston campus, one million three hundred sixty-four thousand dollars; and for fringe benefits associated with the University of Massachusetts Medical School, seven million nine hundred thirty thousand dollars; provided further, that in fiscal year nineteen hundred ninety-one, the comptroller shall not recover more than twelve million six hundred thousand dollars for fringe benefits associated with the University of Massachusetts Medical School; provided further, that the University of Massachusetts Medical School, including the Group Practice Trust, shall reimburse the General Fund for the full amount of costs associated with providing fringe benefits to its employees beginning in fiscal year nineteen hundred and ninety-two and each fiscal year thereafter.

Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall not recover the costs associated with providing fringe benefits to employees of the University of Massachusetts Teaching Hospital for fiscal years nineteen hundred and ninety through nineteen hundred and ninety-two; provided, however, that the comptroller shall collect the following amounts from the University of Massachusetts Teaching Hospital for services provided by the commonwealth: fifteen million six hundred thousand dollars in fiscal year nineteen hundred and ninety and seventeen million dollars in fiscal year nineteen hundred and ninety-one; provided further, that in fiscal year nineteen hundred and ninety-two, the comptroller shall collect an amount that is equal to, but unrelated to, the commonwealth's cost of providing fringe benefits to said hospital's employees, interns, residents and other teaching hospital staff.

Except as provided in the preceding paragraphs, nothing in this section shall be construed as prohibiting the comptroller from making charges to recover the commonwealth's cost of fringe benefits provided to, or on behalf of, any individual compensated by the University of Massachusetts at any of its campuses from any source other than a direct appropriation during fiscal year nineteen hundred and ninety-one or in any ensuing fiscal year.

SECTION 4. For the purpose of accommodating delayed receipt of revenues in fiscal year nineteen hundred and ninety-one, authorized to be retained during fiscal year nineteen hundred and ninety-one, departments are hereby authorized to incur, and the comptroller may certify for payment, expenses and liabilities during fiscal year nineteen hundred and ninety-one, to be charged to said items in accordance with schedules approved by the secretary of administration and finance and filed with the house and senate committees on ways and means.

SECTION 5. Notwithstanding the provisions of section twenty-nine A of chapter twenty-nine of the General Laws or any other general or special law to the contrary, the comptroller is hereby authorized to approve payments for certain contracted services rendered in fiscal year nineteen hundred and ninety for which certain regulations and procedures adopted under the authority of said section twenty-nine A or any other such general or special law were not properly followed; provided, however, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed; provided further, that such payments shall be based on schedules approved by the secretary of administration and finance and provided to the house and senate committees on ways and means; provided further, that sufficient funds for such payments existed within the appropriate items as of June thirtieth, nineteen hundred and ninety; provided further, that said comptroller is hereby authorized to make payments for certain contracted services rendered in prior fiscal years for which certain regulations and procedures adopted as aforesaid were not properly followed; provided further, that the secretary of the executive office overseeing the agency which was a party to such a contract shall certify in writing that such services were actually performed; provided further, that such prior year payments shall be based on schedules approved by said secretary of administration and finance and provided to the house and senate committees on ways and means, and shall be charged according to the provisions of an account established for the purpose of paying prior year deficiencies; provided further, that such payments where appropriate, may be paid from capital appropriations, federal grants, or trust funds; and provided further, that this section shall not apply to payments authorized pursuant to section two for such purposes.

SECTION 6. Notwithstanding any general or special law to the contrary, the comptroller shall, as of June thirtieth, nineteen hundred and ninety, transfer from the commonwealth's Stabilization Fund, to the extent that funds are available therein, including any interest income that is credited to the Stabilization Fund on account of said transferred amounts, to the General Fund the amount of any negative undesignated fund balance in the General Fund, if any, for the fiscal year nineteen hundred and ninety.

SECTION 7. Notwithstanding any general or special law to the contrary, the comptroller shall, as of June thirtieth, nineteen hundred and ninety, transfer from the General Fund to the purchasing agent's supply fund and federal surplus property respectively, the amount of any negative undesignated fund balance in said funds as of June thirtieth, nineteen hundred and ninety.

SECTION 8. This act shall take effect as of June thirtieth, nineteen hundred and ninety.