HOUSE DOCKET, NO. 94260        FILED ON: 9/25/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4260

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Text of an amendment recommended by the committee on Ways and Means to the Senate Bill relative to sheriffs (Senate, No. 2121). September 24, 2009.

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

     Text of an amendment recommended by the committee on Ways and Means to the Senate Bill relative to sheriffs (Senate, No. 2121). September 24, 2009.

SECTION 1.  To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY

Barnstable Sheriff’s Department

8910-8200For the operation of the Barnstable sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services              $10,588,350

8910-8210For the Barnstable sheriff’s department which may expend for the operation of the department an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system              $250,000

Bristol Sheriff’s Department

8910-8300For the operation of the Bristol sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009              $13,628,167

8910-8310For the Bristol sheriff’s department which may expend for the operation of the department an amount not to exceed $6,500,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system              $6,500,000

Dukes Sheriff’s Department

8910-8400 For the operation of the Dukes sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services              $1,283,882

Nantucket Sheriff’s Department

8910-8500For the operation of the Nantucket sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009              $391,296

Norfolk Sheriff’s Department

8910-8600 For the operation of the Norfolk sheriff’s department provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services              $11,435,979

8910-8610For the Norfolk sheriff’s department which may expend for the operation of the department an amount not to exceed $2,500,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system              $2,500,000

Plymouth Sheriff’s Department

8910-8700For the operation of the Plymouth sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009              $11,971,689

8910-8710For the Plymouth sheriff’s department which may expend for the operation of the department an amount not to exceed $16,000,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system              $16,000,000

Suffolk Sheriff’s Department

8910-8800For the operation of the Suffolk sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services              $42,721,367

8910-8810For the Suffolk sheriff’s department which may expend for the operation of the department an amount not to exceed $8,000,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system              $8,000,000

SECTION 3.  Section 2 of chapter 27 of the acts of 2009 is hereby amended by striking out item 8910-0000 and inserting in place thereof the following item:-

8910-0000   For a reserve to provide funds for certain costs of the Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk sheriffs’ departments including, but not limited to, employee health care, retirement and Plymouth correctional facility debt service; provided, that the county finance review board shall distribute the funds appropriated herein through December 31, 2009; provided further, that effective January 1, 2010 the secretary of administration and finance may transfer from the sum appropriated in this item to other items of appropriation; and provided further, that the transfers may be expended solely for the purposes authorized by the secretary              $162,427,746

SECTION 4.  Said section 2 of said chapter 27 is hereby further amended by striking out item 8910-0010 and inserting in place thereof the following item:-

8910-0010  For the purpose of funding expenses for services provided to inmates of Barnstable, Bristol, Dukes, Norfolk, Plymouth and Suffolk county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year 2010; provided, that the department shall notify the comptroller of all such expenses; provided further, that not more than 30 days after receiving such notification the comptroller shall effect the transfer of such amount from this item to item 4590-0903 in section 2B              $2,172,244

SECTION 5.  The first sentence of section 10 of chapter 61 of the acts of 2009 is hereby amended by striking out the figure “2010” and inserting in place thereof the following figure:- 2011.

SECTION 6.  Said section 10 of said chapter 61 is hereby further amended by adding the following sentence:- Each county, and in the case of Suffolk county the city of  Boston, shall, not later than June 30, 2010, appropriate and pay to the commonwealth an amount equal to 51.25 per cent of the minimum obligations to fund from their own revenues in fiscal year 2009. 

SECTION 7.  Said chapter 61 is hereby further amended by striking out section 11 and inserting in place thereof the following section:-

Section 11.  Notwithstanding any general or special law to the contrary and except as otherwise provided in this act, any funds including, but not limited to, county correctional funds, deeds excise funds and other sources of income and revenue, credited to the office of a transferred sheriff on December 31, 2009 or received by the county treasury after that date on account of fiscal year 2010 activity through December 31, 2009, shall be paid to the state treasurer, but the county treasurer may pay appropriate fiscal year 2010 sheriff's department obligations after December 31, 2009.

SECTION 8.  Section 12 of said chapter 61 is hereby amended by striking out subsection (d).

SECTION 9.  Section 19 of said chapter 61 is hereby amended by striking out subsection (b).

SECTION 10.  Clause (6) of the third paragraph of section 22 of said chapter 61 is hereby amended by striking out the word “country” and inserting in place thereof the following word:- county.”.