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. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year nineteen hundred and ninety-six and for certain other activities and projects in said fiscal year, the sums set forth in section two are hereby appropriated from the General Fund, unless specifically designated otherwise herein or in said appropriation acts, for the several purposes and subject to the conditions specified for said items herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June thirtieth, nineteen hundred and ninety-six, or for such period as may otherwise be specified. The sums appropriated herein shall be in addition, unless otherwise specified, to the amounts previously appropriated and made available for the purposes of said items.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 JUDICIARY. `tc2 Supreme Judicial Court. `tc1 0320-0003 `tc4 `tc6 $136,237 `tc1 0321-0001 `tc4 `tc6 $16,189 `tc1 0321-0100 `tc4 `tc6 $28,662 `tc2 Committee for Public Counsel Services. `tc1 0321-2000 `tc4 `tc6 $6,000 `tc2 Trial Court. `tc1 0330-0400 `tc4 `tc6 $2,319,805 `tc1 0330-4303 `tc4 `tc6 $615,401 `tc3 DISTRICT ATTORNEYS. `tc2 Berkshire District Attorney. `tc1 0340-1100 `tc4 `tc6 $86,584 `tc2 District Attorneys Association. `tc1 0340-2100 `tc4 `tc6 $215,000 `tc3 TREASURER AND RECEIVER-GENERAL. `tc2 Office of the Treasurer and Receiver-General. `tc1 0611-5000 `tc4 `tc6 $882,000 `tc1 0611-5800 `tc4 `tc6 $43,770 `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Civil Service Commission. `tc1 1108-1101 `tc4 `tc6 $27,396 `tc2 Group Insurance Commission. `tc1 1108-5200 `tc4 `tc6 $4,164,925 `tc1 1108-5500 `tc4 `tc6 $133,782 `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Environmental Management. `tc1 2100-2030 `tc4 `tc6 $310,839 `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2330-0100 `tc4 `tc6 $89,100 `tc2 Metropolitan District Commission. `tc1 2444-9005 `tc4 `tc6 $228,000 `tc3 EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT. `tc1 3222-9005 `tc4 `tc6 $2,303,446 `tc3 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES. `tc2 Division of Medical Assistance. `tc1 4000-0700 `tc4 `tc6 $40,000,000 `tc2 Department of Youth Services. `tc1 4200-9999 `tc4 `tc6 $292,295 `tc1 4202-0003 `tc4 `tc6 $438,667 `tc2 Department of Public Health. `tc1 4513-1000 `tc4 `tc6 $1,325,000 `tc1 4513-1005 `tc4 `tc6 $146,000 `tc2 Department of Mental Health. `tc1 5046-0000 `tc4 `tc6 $2,000,000 `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Department of Highways. `tc1 6030-7201 `tc4 `tc6 $18,447,483 `tc1 6030-7221 `tc4 `tc6 $4,211,854 `tc3 EXECUTIVE OFFICE OF EDUCATION. `tc2 Department of Education. `tc1 7061-0012 `tc4 `tc6 $5,081,949 `tcol;end `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF PUBLIC SAFETY. `tc2 Department of Public Safety. `tc1 8314-1200 `tc4 `tc6 $37,100,000 `tc2 Department of Correction. `tc1 8900-0010 `tc4 `tc6 $300,000 `tc1 8900-9999 `tc4 `tc6 $1,510,000 `tcol;end

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth and to meet certain requirements of law, the sums set forth in this section, as said section is designated in section six D of chapter twenty-nine of the General Laws, shall be appropriated from the General Fund, unless specifically designated otherwise, and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds, and the conditions pertaining to appropriations acts for the fiscal year ending June thirtieth, nineteen hundred and ninety-six. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 TREASURER AND RECEIVER-GENERAL. `tc2 Office of the Treasurer and Receiver-General. `tc1 0612-1506 `tc4 For a reserve to meet the commonwealth's obligation for the fiscal year ending June thirtieth, nineteen hundred and ninety-six, pursuant to section twenty-two B of chapter thirty-two of the General Laws, to reduce the unfunded pension liability of public retirement systems, other than state employees' and state teachers' systems; provided, however, that the distribution from this reserve shall be based upon a determination by the secretary of administration and finance of actual payroll costs for the fiscal year ending June thirtieth, nineteen hundred and ninety-six `tc6 $4,669,038 `tc5 Local Aid Fund 100.0% `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-2200 `tc4 For a reserve to fund grants to county sheriffs to provide for the continued operation of county jails and houses of correction, and to fund grants to certain county treasurers to provide for the continued operation of county government; provided, however, that funds appropriated herein shall be distributed by the county government finance review board pursuant to a plan of disbursement filed in advance with the house and senate committees on ways and means; provided, further, that the sheriff of Barnstable county shall receive an amount not to exceed four hundred seventy-five thousand dollars, of which amount, seventy-five thousand dollars shall be obligated for payment to the master overseeing resolution of inmate crowding complaints; provided, further, that the sheriff of Bristol county shall receive an amount not to exceed one million two hundred ten thousand dollars; provided, further, that the sheriff of Berkshire county shall receive an amount not to exceed three hundred seven thousand seven hundred ninety-two dollars; provided, further, that the sheriff of Essex county shall receive an amount not to exceed one million three hundred thousand dollars; provided, further, that the sheriff of Franklin county shall receive an amount not to exceed two hundred eighteen thousand dollars; provided, further, that the sheriff of Hampden county shall receive an amount not to exceed one million seven hundred thousand dollars; provided, further, that the sheriff of Hampshire county shall receive an amount not to exceed two hundred fifty-nine thousand six hundred ninety-seven dollars; provided, further, that the sheriff of Middlesex county shall receive an amount not to exceed seven hundred forty-five thousand dollars; provided, further, that the sheriff of Norfolk county shall receive an amount not to exceed one million five hundred ninety-eight thousand one hundred twenty-three dollars; provided, further, that the sheriff of Worcester county shall receive an amount not to exceed nine hundred forty-six thousand five hundred fifty-two dollars; provided, further, that the treasurer of Franklin county shall receive an amount not to exceed one hundred thousand dollars; provided, further, that the treasurer of Hampden county shall receive an amount not to exceed three million seven hundred thousand dollars; provided, further, that the treasurer of Hampshire county shall receive an amount not to exceed nine hundred thousand dollars; and provided, further, that the treasurer of Worcester county shall receive an amount not to exceed one million nine hundred thousand dollars `tc6 $15,360,164 `tc5 Local Aid Fund 100.0% `tc1 1599-3784 `tc4 For a reserve to meet the costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the higher education coordinating council and the Massachusetts Teachers Association/Massachusetts Community College Council; provided, however, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits for said fiscal year where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $1,813,045 `tc1 1599-3785 `tc4 For a reserve to meet the commonwealth's obligations pursuant to the provisions of the collective bargaining agreement between the higher education coordinating council and the Massachusetts Teachers Association/Massachusetts Community College Council, and to meet the cost of supplementary educational needs for certain employees, employed in classified positions which would otherwise be covered by said collective bargaining agreement, and to meet the costs of supplementary educational needs of non-unit managers at the community colleges; provided, however, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $2,828,222 `tc1 1599-3786 `tc4 For a reserve to meet the commonwealth's obligations pursuant to the provisions of section 21.01 D of Article XXI of the collective bargaining agreement between the higher education coordinating council and the Massachusetts Teachers Association/Massachusetts Community College Council; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years nineteen hundred and ninety-six through nineteen hundred and ninety-eight such amounts as are necessary to meet the cost of said obligations for said fiscal years where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plans which shall be filed in advance with the house and senate committees on ways and means `tc6 $858,371 `tc1 1599-3787 `tc4 For a reserve to meet the costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Council 93, Locals 507 and 2616, AFL-CIO, the Service Employees International Union, AFL-CIO, Local 285, and the International Brotherhood of Electrical Workers, Local 103, AFL-CIO; provided, however, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits for fiscal years nineteen hundred and ninety-five and nineteen hundred and ninety-six where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $981,517 `tc1 1599-3800 `tc4 For a reserve to meet the costs of fiscal year nineteen hundred and ninety-four, nineteen hundred and ninety-five, and nineteen hundred and ninety-six salary and benefit adjustments and other employee economic benefits authorized for those employees of the supreme judicial court, appeals court and trial court that are covered by the collective bargaining agreements between the Trial Court of the commonwealth and the Office and Professional Employees International Union, Local 6, AFL-CIO, the Service Employees International Union, Local 254, AFL-CIO, the Suffolk County Superior Court Officers' Association and the Middlesex County Superior Court Officers' Association; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $18,401,908 `tc5 Collective Bargaining Reserve Fund 100.0% `tc1 1599-3801 `tc4 For a reserve to meet the costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees of the supreme judicial court, the appeals court and the trial court employed in "confidential" positions who would otherwise be covered by collective bargaining agreements in effect for fiscal years nineteen hundred and ninety-four, nineteen hundred and ninety-five, and nineteen hundred and ninety-six and to meet the costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees who are not otherwise classified in any such collective bargaining unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year nineteen hundred and ninety-six such amounts as are necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $3,474,814 `tc5 Collective Bargaining Reserve Fund 100.0% `tc1 1599-3802 `tc4 For a reserve to meet the costs of fiscal year nineteen hundred and ninety-seven salary and benefit adjustments and other employee economic benefits authorized by the collective bargaining agreements between the Trial Court Department of Massachusetts and the Office and Professional Employees International Union, Local AFL-CIO, the Service Employees International Union, Local 254, AFL-CIO, the Suffolk County Superior Court Officers' Association and the Middlesex County Superior Court Officers' Association for those employees of the supreme judicial court, appeals court, and trial court subject to said collective bargaining agreement, and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees employed in "confidential" positions which would otherwise be covered by said collective bargaining agreement and to meet the cost of salary adjustments and other economic benefits necessary to provide equal salary adjustments and other economic benefits to employees who are not otherwise employed in any collective bargaining unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for the fiscal year nineteen hundred and ninety-seven such amounts as are necessary to meet the cost of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with an allocation plan which shall be filed in advance with the house and senate committees on ways and means `tc6 $18,223,026 `tc5 General Fund 86.16% Collective Bargaining Reserve Fund 13.84% `tcol;end

SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the agencies listed herein are hereby authorized to expend such amounts as are listed in this section for the provision of services to agencies listed in section two; provided, however, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in said section two to the Intragovernmental Service Fund, established pursuant to section two Q of chapter twenty-nine of the General Laws; provided, further, that no expenditures shall be made from said Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year nineteen hundred and ninety-six; provided, further, that all authorizations in this section shall be charged to said Intragovernmental Service Fund; and provided further, that any balance remaining at the close of fiscal year nineteen hundred and ninety-six shall be transferred to the General Fund. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS. `tc2 Department of Fisheries, Wildlife and Environmental Law Enforcement. `tc1 2350-0102 `tc4 `tc6 $40,000 `tcol;end

SECTION 2C. For the purpose of making available in fiscal year nineteen hundred and ninety-seven the balances of appropriations which would otherwise revert on June thirtieth, nineteen hundred and ninety-six, the unexpended balances of the maintenance appropriation items listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the fiscal year nineteen hundred and ninety-seven. Amounts in this section shall be for the purposes of and subject to the conditions stated below for each item; provided, however, that for items for which purposes and conditions are not specified below, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, further, that for items neither with purposes and conditions specified below nor appearing in said section two of said chapter thirty-eight, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section two or two A of this act or in prior appropriations acts. Amounts in this section are re-appropriated from the fund or funds designated below for each item; provided, however, that for items for which a fund is not designated below, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section two of chapter thirty-eight of the acts of nineteen hundred and ninety-five; provided, further, that for items neither with a fund designated below nor appearing in said section two of said chapter thirty-eight, the amounts in this section are re-appropriated from the fund or funds designated or the corresponding item in section two or two A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE. `tc2 Reserves. `tc1 1599-3786 `tc4 `tc6 $858,371 `tc1 1599-3802 `tc4 `tc6 $18,223,026 `tcol;end

SECTION 3. Item 0612-1010 of section 2 of chapter 38 of the acts of 1995 is hereby amended by inserting after the words "shortfall in said fund" the following words:- ; provided further, that the state retirement board shall expend an amount not to exceed nine hundred thousand dollars for the purposes of the higher education coordinating council's optional retirement program pursuant to section forty of chapter fifteen A of the General Laws.

SECTION 4. Item 1104-6607 of said section 2 of said chapter 38 is hereby amended by striking out the words "five hundred four thousand seven hundred and seventy-three" and inserting in place thereof the following words:- eight hundred thousand.

SECTION 5. Said item 1104-6607 of said section 2 of said chapter 38 is hereby further amended by striking out the figure "504,773" and inserting in place thereof the following figure:- 800,000.

SECTION 6. Item 1108-5230 of said section 2 of said chapter 38 is hereby amended by striking out the figure "59,553,970" and inserting in place thereof the following figure:- 55,389,045.

SECTION 7. Item 4000-0800 of said section 2 of said chapter 38 is hereby amended by striking out the figure "671,820,000" and inserting in place thereof the following figure:- 631,820,000.

SECTION 8. Item 5046-9999 of said section 2 of said chapter 38 is hereby amended by striking out the figure "10,354,776" and inserting in place thereof the following figure:- 8,354,776.

SECTION 9. Notwithstanding the provisions of any special or General Law to the contrary, any juvenile court established after the effective date of this act shall employ not more than the following positions: two probation officers, one clerk, one assistant clerk, two procedure clerks, and one secretary; provided, however, that the provisions of this section shall be in effect until June thirtieth, nineteen hundred and ninety-seven.

SECTION 10. This act shall take effect upon its passage. `tuc ENDORSEMENTS FOLLOW ON PAGE 13 `t+99