HOUSE DOCKET, NO. 5008        FILED ON: 5/13/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4669

 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Ten

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An Act Making Appropriations for the Fiscal Year 2010 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.

 

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 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.

JUDICIARY

Committee for Public Counsel Services

0321-1510$25,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1702$2,700,000

Group Insurance Commission

1108-5200$15,194,266

Division of Administrative Law Appeals

1110-1000$54,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation

2820-2000$275,843

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Transitional Assistance

4403-2000$5,375,035

4405-2000$804,303

Division of Medical Assistance

4000-0500$38,785,953

4000-0600$104,785,842

4000-0700$18,900,000

EXECUTIVE OFFICE OF EDUCATION

Department of Higher Education

7070-0065$966,753

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001$1,050,000

SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, 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.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1703For a reserve for the 75 per cent state share of costs incurred by Fitchburg State College, Worcester State College, Quinsigamond Community College, Mount Wachusett Community College and Northern Essex Community College as identified for reimbursement by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm              $251,838

1599-1704For a reserve for the costs related to the March 2010 floods$500,000

1599-1705For a reserve for the costs related to the May 2010 water main break emergency response              $750,000

1599-4334For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Locals 3643/3967, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs 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              $129

1599-4335For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs 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              $18

1599-4337For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the Corrections Officers New England Police Benevolent Association, Local 550, and to meet the fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2011 amounts that are necessary to meet these costs 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; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2011              $135,563

1599-4341For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the Jail Officers and Employees Association of Suffolk County, and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs 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              $572

1599-4348For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the New England Police Benevolent Association, Local 275, and to meet the fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2011 amounts that are necessary to meet these costs 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; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2011              $28,374

1599-4349For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the United Auto Workers, and to meet the fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2011 amounts that are necessary to meet these costs 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; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2011              $35,582

1599-8100For a reserve for the costs relating to unavoidable deficiencies for county sheriff offices in fiscal year 2010; provided, that no funds made available under this item shall be expended until the secretary of administration and finance has provided written approval identifying the amount to be disbursed to each sheriff office in those cases where it is determined that an unavoidable deficiency requires additional funding; and provided further, that such written approval shall be provided to the house and senate committees on ways and means              $5,000,000

SECTION 2B.  To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2010, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2010.  These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2030-1004$80,000

ICHH Funding Extension

SECTION 3.  Item 1599-1004 of section 2 of chapter 182 of the acts of 2008 is amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes under this item until June 30, 2011”

GIC Reimbursement Funding Extension

SECTION 4.  Item 1599-1027 of section 2A of chapter 86 of the acts of 2010 is amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes under this item until June 30, 2011”.

Additional Registry of Deeds Unit in Collective Bargaining Reserve

SECTION  5.  Section 2A of said chapter 86 is hereby further amended by striking out item 1599-4286 and inserting in place thereof the following item:-

1599-4286.. For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Berkshire Registries of Deeds – Service Employees International Union, Local 888; Essex North/South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653; Hampden Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653, Local 414; Suffolk Registry of Deeds – Service Employees International Union, Local 888; Worcester North Registry of Deeds – Service Employees International Union, Local 888 and to meet the fiscal year 2010 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, however, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs 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.......................... $275

Allow MassHealth to Spend into the Accounts Payable Period for the ISAs with Other EHS agencies

SECTION 6. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not to exceed a total of $15,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 27 of the acts of 2009, shall not revert to the General Fund until September 1, 2010, and may be used by the executive office of health and human services to pay for services provided during fiscal year 2010.

Transferability in DDS line items

SECTION 7.  Notwithstanding any general or special law to the contrary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers totaling not more than $4,000,000 from items 5911-1003, 5920-2000, 5920-2010, 5920-2025, 5920-3000, 5920-3010 of section 2 of chapter 27 of the acts of 2009 to item 5930-1000 of said section 2 for the purpose of reducing any deficiency in said item 5930-1000 of said section 2, but any such transfer shall take place not later than August 31, 2010.