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. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Belchertown State School Carousel Trust Fund, consisting of all monies received by the commonwealth from the sale or conveyance as a whole entity of the carousel or merry-go-round located on the grounds of the Belchertown State School. The sale or conveyance as a whole entity of the carousel or merry-go-round, shall be conducted in the manner prescribed by section twenty-two of chapter seven of the General Laws and the regulations promulgated thereunder, which govern the disposition of surplus property; provided, however, that preference in such sale or conveyance shall be given to persons or entities residing or located within the so-called community service center west of the department of mental retardation, hereinafter referred to as the department. The commissioner of the department of mental retardation, hereinafter referred to as the commissioner, shall serve as the trustee of the trust fund which shall be administered for the benefit of persons with mental retardation in said community service center west of the department.

SECTION 2. There shall be an advisory board for the trust fund established pursuant to section one which shall consist of seven persons to be appointed by the commissioner for a term of three years. No person shall be appointed to serve more than two consecutive three year terms. Prior service on said advisory board for a term of less than three years, resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be considered as a full term.

Said advisory board shall consist of one member of the board of trustees of the Belchertown State School; the superintendent of the Belchertown State School; the community service director of the community service center west of the department; one member from a local service center advisory board within said community service center west of the department; one person who is a member of the so-called advocacy network incorporated; one person with mental retardation; one person who is a family member or guardian of a person with mental retardation.

The advisory board, by a majority vote, shall elect annually its own chairman and such other officers as it deems necessary from among the members.

The members of the advisory board shall serve without compensation, although the commonwealth may reimburse them for any necessary expenses incurred in the performance of their duties.

The purpose of the advisory board for the trust fund shall be to recommend to the commissioner, for his consideration, expenditures which it has determined to be beneficial to persons with mental retardation in the community service center west of the department.

SECTION 3. The state treasurer shall receive all funds resulting from the sale or conveyance as a whole entity of the carousel on the grounds of the Belchertown State School. Upon the request of the commissioner in his capacity as trustee, the state treasurer shall pay out the income of said trust fund and such part of the principal as may be subject to the control of the trustee in such manner as the trustee may direct, subject to any condition affecting the administration of said trust fund. The trust fund shall be invested safely by the state treasurer and he shall be held responsible for the faithful management of the same in the same manner as for other funds held by him in his official capacity.

SECTION 4. Expenditures from the trust fund shall not be employed for any purpose for which the department has been appropriated funds in the prior fiscal year, nor shall funds appropriated or allocated to the department be reduced on account of the trust.

The commissioner shall submit annually a report on the activities of the trust to the clerk of the house of representatives and the clerk of the senate, who shall forward copies of said report to the house and senate committees on ways and means, and to the joint committee on state administration.

SECTION 5. The department upon the establishment of said trust fund shall provide the following information to the state treasurer and commissioner of administration: (a) the specific purpose for which the fund has been established; (b) the project, activity, or other specific source from which the revenue has been derived; (c) the identity of the trustees; (d) the identity of the beneficiaries; (e) the projected revenues and expenditures of the fund for the first five years.

The income, including but not limited to interest from deposit or investment, from money in said trust fund shall be added to the principal and shall, for the purposes of this act, be deemed money from the trust fund.

The department, having charge of said trust fund, shall maintain the accounts of any said trust fund in accordance with the accounting system prescribed by the comptroller.

The department having charge of said trust fund shall, not later than the thirtieth day of September of each year, file with the commissioner of administration a report containing the following information for said trust fund: the name of the fund; the depository; the statutory authority for the existence of the fund; the name of the trustees; the identity of the beneficiaries; the total revenues and total expenditures for the prior fiscal year; and the projected revenues and expenditures for the current fiscal year and the ensuing fiscal year. The commissioner of administration shall, no later than the thirtieth day of November of each year, file a consolidated report containing the information required by this section to be provided by the department with the state auditor, the house and senate committees on ways and means, the clerk of the house of representatives, the clerk of the senate, the inspector general, and the joint committee on state administration.

No person shall withdraw or cause to be withdrawn, or expend or cause to be expended, any money from said trust fund except in accordance with the purpose of the trust fund as has been authorized pursuant to the provisions of this act. No person shall transfer or cause to be transferred any money from said trust fund to any other trust fund or trust deposit without prior legislation unless the transfer is authorized by the General Court.

The department shall not enter into any contract, incur any other obligation, or cause to be performed any service payable wholly or in part from said trust fund, nor expend any money from said trust fund unless the agency has complied with any general or special law regarding the award of contracts by such agency.

No person shall expend or cause to be expended any money from said trust fund to provide for or supplement the compensation of any state employee unless such expenditure has been expressly authorized by general or special law. No expenditure shall be made pursuant to such authorization prior to the date upon which the following information has been filed with the personnel administration on a form prescribed by the commissioner of administration and a copy of the same has been filed with the house and senate committees on ways and means; the employee's name, job title, and classification; the source and amount of the employee's annual salary payable from monies other than from said trust fund and the forms and amounts of compensation payable from said trust fund.