HOUSE DOCKET, NO. 3799        FILED ON: 6/7/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3493

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

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An Act making appropriations for the fiscal year 2011 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:
 

June 6, 2011

To the Honorable Senate and House of Representatives:

I am filing for your consideration a bill entitled “An Act Making Appropriations for the Fiscal Year 2011 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects.”

The legislation I am filing includes supplemental funding requests totaling $52.2 million ($48.6 million after accounting for offsetting revenues), including the following:

•$10 million for a reserve to fund emergency response costs for the June 1 storms

•$10 million in grants and investments to reduce youth violence across the Commonwealth

•$12 million for a reserve to mitigate deficiencies at various sheriffs’ offices

•$10 million for estimated child care caseload deficiencies

•$1.2 million to support one-time staging costs in line with reforms in the state’s family homelessness programs

•$500,000 for the Commonwealth Corps, including language for administration of this program by the Massachusetts Service Alliance

In addition, this legislation includes funding corresponding to recently ratified collective bargaining agreements with the following organizations:

•UMASS Amherst Council 93 Local 1776

•Local S-28, International Association of Fire Fighters

•Essex County Correction Officer Association

As noted I am requesting that you fund a $10 million reserve for emergency response costs for the June 1 storms affecting a number of communities in the western and central regions of the state. In addition, I am re-filing language that I requested in my FY12 budget proposal that would allow me to temporarily utilize Rainy Day funds for the purposes of funding emergency response costs. The reserve and this language are essential tools to ensure that the state can fund all such costs, particularly at a time of year such as now when most agency budgets are fully committed and agencies must scramble to identify resources for response efforts.

I also propose to allow communities to expedite emergency borrowings by eliminating the requirement for approval from the municipal legislative body and the Municipal Finance Oversight Board (MFOB) for short-term borrowing in the event of an emergency, and by allowing emergency borrowing for capital purposes for a longer term with the approval of the MFOB.  Additionally, communities that have not adopted the local option alternate property tax assessment date could provide fiscal year 2012 property tax relief to property owners affected by the tornadoes.

The $10 million investment to promote efforts to reduce youth violence is a critical funding need and reflects the legislation I filed for this purpose last month. I am also requesting the $1.2 million to fund staging units so that the Department of Housing and Community Development can immediately begin implementing the family homelessness reforms that I have proposed, and both the House and Senate budgets for next year reflect.

Sufficient revenues are estimated to be available to finance these appropriations.  I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

Deval Patrick

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2011 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

SECTION 1.  To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2011, 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, 2011.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. 

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-3234$337

EXECUTIVE OFFICE OF EDUCATION

Department of Early Education and Care

3000-4050$10,000,000

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, 2011.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

STATE AUDITOR

State Auditor ARRA Oversight

0710-6000For oversight of the American Recovery and Reinvestment Act….$874,830

ATTORNEY GENERAL

Attorney General ARRA Oversight

0810-6000For oversight of the American Recovery and Reinvestment Act…..$671,665

INSPECTOR GENERAL

Inspector General ARRA Oversight

0910-6000For oversight of the American Recovery and Reinvestment Act…..$709,394

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1705For a reserve for costs incurred in response to the June 1, 2011 storms; provided, that the comptroller shall transfer funds made available under this item to other departments for this purpose, upon the written request of the secretary of administration and finance; provided further, that expenditures from this item shall be offset by federal reimbursements to the extent available; and provided further, that funds made available under this item shall not revert but shall be made available for expenditure until June 30, 2012              $10,000,000

1599-2013For a reserve for costs associated with the Commonwealth's defense in the case of Connor B., et al v. Patrick, et al, civil action No. 3:10-cv30073; provided, that the secretary may transfer from the sum appropriated in this item to other items of appropriation amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose; and provided further, that funds under this item shall not revert but shall be made available for expenditure until June 30, 2012              $2,500,000

1599-4342For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Essex county sheriff’s department and the Correction Officer Association              $21,578

1599-4370For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Commonwealth and Local S-28, International Association of Fire Fighters; provided, that any unexpended funds from this item shall not revert and shall be made available for expenditure until June 30, 2012              $36,000

1599-4426For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the Amherst Council 93 Local 1776, AFL-CIO              $54,114

1599-4705For a reserve to meet payroll and related operational costs at sheriffs’ offices to offset fiscal year 2011 deficiencies; provided, that the comptroller may transfer, upon the written request of the secretary of administration and finance, amounts from this item to sheriffs’ offices; provided further, that no such transfers shall be made to any sheriff’s office until the secretary and the house and senate committees on ways and means have received in writing from each requesting sheriff a report that identifies all collected revenue and actual expenditures for fiscal year 2010 and estimated revenue and expenditures for fiscal year 2011; provided further, that such report shall include a written certification by each requesting sheriff that any funding made available under this item shall only be used for the purpose of offsetting projected fiscal year 2011 deficiencies for essential agency operations; provided further, that any funds that are made available to sheriffs under this item must only support expenses from the AA, BB, CC, DD subsidiaries; provided further, that any sheriff receiving funding under this item shall file a report with the secretary and the house and senate committees on ways and means a report identifying all necessary measures that the sheriff must take in order to ensure that total operational spending in fiscal year 2012 shall not exceed the amount requested by the governor; provided further, that such report shall be filed by the sheriff no later than 10 days following the receipt of the transferred funds made available under this item; and provided further, that the secretary shall develop proposals, in consultation with state sheriff departments, on ways to find additional budget efficiencies and improved budget management related to annual sheriff operating budgets……              $12,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0005For youth violence prevention program grants administered by the executive office of health and human services; provided, that the programs shall be targeted at reducing youth violence among young persons at highest risk for being perpetrators or victims of gun violence; and provided further, that these funds shall be available to those municipalities with the highest number of youth homicides and serious assaults as determined by the executive office of health and human services              $10,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development

7004-0108For initial and start-up expenses incident to the establishment of a program of short-term housing assistance; provided that, notwithstanding any general or special law to the contrary, such purposes may include, but not be limited to, expenses necessary or useful in procuring housing units for such a program that will be available for the use of families determined to be eligible for such short-term housing assistance pursuant to such regulations as the department may adopt in accordance with legislation for the operation of such a short-term housing assistance; provided further, that the housing units procured through this item shall not be entered into or used by such families until July 1, 2011, or later; provided further, that any housing units procured through this item shall be rented pursuant to a lease term of at least 12 months, which lease shall include a provision allowing it to be assigned to the head of household of a family determined to be eligible for such short-term housing assistance without further liability as a tenant on the part of the department or any agency funded by the department through this item; provided further, that the department shall distribute such funding for short-term housing assistance initial and start-up costs through the following agencies: Berkshire Housing Development Corporation, Central Massachusetts Housing Alliance, Inc., Community Teamwork, Inc., Housing Assistance Corporation, Franklin County Housing and Redevelopment Authority, Hap, Inc., Metropolitan Boston Housing Partnership, South Middlesex Opportunity Council, Inc., South Shore Housing Development Corporation and RCA Solutions; provided further, that such sum shall include any administrative expenses necessary or useful for procuring and operating such housing units until they are ready for use by eligible families; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012              $1,200,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services

7002-1500For the operation of the commonwealth corps program$500,000

SECTION 2C.I.  For the purpose of making available in fiscal year 2012 balances of appropriations which otherwise would revert on June 30, 2011, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 131 of the acts of 2010.  However, for items which do not appear in section 2 of said chapter 131, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of said chapter 131; but for items that do not appear in section 2 of said chapter 131, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts.  The sums re-appropriated in this section shall be in addition to any amounts available for these purposes.

STATE AUDITOR

0710-6000State Auditor ARRA Oversight$874,830

ATTORNEY GENERAL

0810-6000Attorney General ARRA Oversight$671,665

INSPECTOR GENERAL

0910-6000Inspector General ARRA Oversight$709,394

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0005$10,000,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Career Services

7002-1500$500,000

SECTION 2C.II. For the purpose of making available in fiscal year 2012 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2011, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 131 of the acts of 2010; but for items which do not appear in section 2 or 2B of chapter 131 of the acts of 2010, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B or in prior appropriation acts. Amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2 or 2B of the general appropriation act; but for items which do not appear in section 2 or 2B of the general appropriation act, the amounts in this section are re-authorized from the fund or funds designated for the corresponding item in section 2, 2A, or 2B or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for those purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Human Resources Division

1750-0102...................................................................................................... $127,000

Emergency Spending Authority

SECTION 3.   Chapter 29 of the General Laws is hereby amended by adding the following section:-

Section 72. (a) In addition to other emergency powers allowed by law, the governor may declare a state of emergency whenever a catastrophic event, natural disaster, pandemic outbreak, terrorist threat or other occurrence or imminent danger threatens the health, safety or welfare of the people, or the fiscal or economic stability of the commonwealth. In such an emergency, the governor may direct any agency, authority, or political subdivision of the commonwealth to take appropriate action to eliminate the immediate threat or danger and to aid its citizens, including but not limited to temporary re-deployment of personnel, contractors or other resources. Upon notice in writing of the declaration of emergency to the comptroller and the clerks of the senate and the house of representative, there shall be appropriated an amount requested by the governor not to exceed $25,000,000 from the Commonwealth Stabilization Fund, and the comptroller shall transfer that amount into a separate emergency account for the costs incurred under this section.

(b) Agencies, authorities and political subdivisions directed by the governor to act under this section need not comply with procurement and personnel restrictions for obligations incurred in performance of directives under this section for the period of the emergency, but shall consult with the operational services division to use, to the greatest extent possible, existing state contractors and certified small, minority or women-owned businesses, to provide necessary goods or services under this section to obtain the most cost effective prices and quality services available. The comptroller may take whatever actions are necessary to enable obligations and payments under this section, shall advise agencies about the most efficient payment processes, including electronic payment options, and shall direct agencies in the proper accounting for all encumbrances and payments under this section in the state accounting system. Expenditures may be charged to other items of appropriation and to other subsidiaries as directed by the secretary of administration and finance in consultation with the comptroller. Every 60 days after an emergency is declared under this section, and until the governor declares that the emergency has terminated, the governor shall report in writing the specific amounts and purposes of expenditures under this section to the house and senate committees on ways and means.

(c) Any funds remaining in the emergency account at the conclusion of the fiscal year in which the emergency arises shall not revert at the end of the fiscal year, unless the emergency has terminated, but shall remain available for expenditure without further appropriation until the emergency ceases and all payments for all costs incurred under this section, at which time any remaining funds shall be transferred to the Commonwealth Stabilization Fund.  Funds expended under this section shall be offset by federal reimbursements to the extent available.

Emergency Municipal Borrowing

SECTION 4.  Section 8 of chapter 44 of the General Laws, as amended by sections 32 and 33 of chapter 188 of the acts of 2010, is hereby further amended by striking out clause (9) and inserting in place thereof the following 2 clauses:-

(9) For emergency appropriations that are approved by the director, not more than 2 years as determined by the director. As used in this clause, emergency means a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval.  Emergency shall not include the funding of collective bargaining agreements or items that were previously disapproved by the appropriating authority for the fiscal year in which the borrowing is sought.  Notwithstanding any other provision of this section or any other general or special law to the contrary, debt for the purposes mentioned in this clause may be authorized by the treasurer of the city, town or district, with the approval of the chief executive officer in a city or town, or the prudential committee, if any, otherwise by the commissioners in a district.

(9A) For emergency appropriations approved by a majority of the members of the municipal finance oversight board, up to the period fixed by law for such debt as determined by the board, but this clause shall apply only to appropriations for capital purposes, including but not limited to the acquisition, construction, reconstruction or repair of any public building, work, improvement or asset and upon a demonstration by the city, town or district that  the process for authorizing debt in the manner otherwise provided by law imposes an undue hardship in its ability to respond to the emergency. As used in this clause, emergency means a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval.  Notwithstanding any other provision of this section or any other general or special law to the contrary, debt for the purposes mentioned in this clause, may be authorized by the treasurer of the city, town or district, with the approval of the chief executive officer in a city or town, or the prudential committee, if any, otherwise by the commissioners in a district.

Mass. Service Alliance to Administer Commonwealth Corps

SECTION 5.  Chapter 192 of the acts of 2007 is hereby amended by striking out sections 5 to 11, inclusive, and inserting in place thereof the following 4 sections:-

Section 5.  As used in sections 5 to 11, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Corps members”, individuals who commit to service in the commonwealth corps pursuant to this act.

“Corps projects”, programs established pursuant to this act to satisfy unmet community needs.

“Corps sponsors”, non-profit and public entities that participate in corps projects.

“Massachusetts Service Alliance,” or “MSA”, the non-profit organization which administers the commonwealth corps program.

“Unmet community needs”, needs including, but not limited to, those pertaining to education, public health, public safety, the environment and other human needs in underserved populations and areas in the commonwealth.

Section 6. (a) Subject to the receipt of adequate funding by the commonwealth or other sources, there shall be a commonwealth corps.

(b) The commonwealth corps shall be composed of corps members who will commit to no more than 12 months of full-time, part-time or flex-time service to the commonwealth to address unmet community needs.

(c) Corps members shall be residents of the commonwealth who are at least 18 years of age. Members shall be the responsibility of the corps sponsors with support from the MSA. Corps members shall undertake meaningful service projects addressing unmet community needs in areas including, but not limited to, the environment, education, health and basic human services and may serve full or part-time; but, members having direct contact with minor children or vulnerable adults shall be required to pass a background check.

(d) The MSA and the corps sponsors shall, to the extent practicable, ensure that corps members are placed with corps projects that match their interests, geographic constraints, skills and abilities. Corps sponsors may enroll individuals who choose to defer a stipend to serve as a corps member. Corps sponsors shall seek to enroll individuals who are economically, geographically, ethnically, socially, physically or educationally diverse.

(e) A corps member shall not be subject to chapter 31 or chapter 30, section 9A of the General Laws. Corps members shall not be considered to be an employee of the commonwealth entitled to the benefit of chapter 152 of the General Laws, nor shall a corps member be considered to be an employee of the commonwealth for any other purpose.

Section 7. (a) The MSA shall administer the commonwealth corps and in so doing shall: (1) provide the personnel necessary to carry out the purposes of this chapter; (2) recruit corps sponsors; (3) coordinate among agencies of the commonwealth and other organizations using community service and volunteerism as a strategy to assist in the solution of local, regional and statewide problems; (4) initiate studies and analyses of proposed and implemented service and volunteer projects, which will aid in solving local, regional and statewide problems; (5) recommend expansion of corps opportunities to address all community needs, such as education, environment, public safety, public health and employment and training; (6) encourage the corporate community of the commonwealth to become an active partner in the support, advocacy and promotion of community service and volunteer opportunities in the commonwealth; (7) develop a grant application and selection process using the criteria set forth in subsection (b) for non-profit organizations and public entities, including schools and educational institutions, seeking to participate in the commonwealth corps; (8) review grant applications from non-profit organizations and public entities, including schools and educational institutions and selecting grant awardees; (9) establish criteria and procedures for recruiting residents of the commonwealth who are 18 years or older to serve as corps members; (10) establish procedures for matching and placing corps members with corps projects; (11) establish personnel policies and procedures for corps members; (12) determine the appropriate financial match support levels by private business, community groups, foundations, public agencies and individuals; (13) assist corps sponsors in the development of scholarships and matching funds from private businesses, community groups, foundations, public agencies and individuals in order to support a portion of a corps member’s stipend and benefits; and (14) monitor corps members and corps sponsors for compliance with all state and federal laws and funding agreements.

(b) The MSA shall give projects meeting the following criteria preference: (1) projects addressing a well-established unmet community need; (2) projects articulating measurable goals, including an assessment of the impact on the corps members and on the targeted community; (3) projects providing services to communities and organizations throughout the commonwealth; (4) projects not using corps members to replace previously budgeted positions or to reduce overtime, hours of work or opportunities for advancement for employees or members of corps sponsors; and (5) projects falling within 1 or both of the following categories: (i) direct service projects that give corps members opportunities to provide direct services addressing unmet community needs including, but not limited to, tutoring or mentoring, providing health care education, providing services to the homeless, enhancing historic, cultural, and natural resources of the commonwealth, enhancing environmental restoration, enhancing emergency preparedness and response; or (ii) volunteer-generating projects that give corps members the opportunity to recruit, train and support volunteers to participate in civic projects and to meet unmet community needs.

Section 8. The MSA shall file with the governor, on or before January 1 and on or before July 1 of each year, a report, which shall include but not be limited to the following: (1) a financial statement summarizing its expenditures and available funds; (2) the number of projects and proposed placements submitted to it; (3) the number of volunteers assigned to corps sponsors; (4) the number of hours served by corps members; (5) the number of beneficiaries served by corps projects; (6) a description of corps projects and a summary of the work completed; (7) a measure of outputs and outcomes; and (8) information on other pertinent service data as may be determined by the governor.

Highway Fund Accounts Change

SECTION 6. Section 2 of chapter 131 of the acts of 2010 is hereby amended by striking out the figure “0340-0101” and inserting in place thereof the following figure:- 0340-0198.

SECTION 7. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0201” and inserting in place thereof the following figure:-0340-0298.

SECTION 8. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0301” and inserting in place thereof the following figure:- 0340-0398.

SECTION 9. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0401” and inserting in place thereof the following figure:- 0340-0498.

SECTION 10. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0501” and inserting in place thereof the following figure:- 0340-0598.

SECTION 11. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0601” and inserting in place thereof the following figure:-0340-0698.

SECTION 12. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0701” and inserting in place thereof the following figure:- 0340-0798.

SECTION 13. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0801” and inserting in place thereof the following figure:- 0340-0898.

SECTION 14. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-0901” and inserting in place thereof the following figure:- 0340-0998.

SECTION 15. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-1001” and inserting in place thereof the following figure:- 0340-1098.

SECTION 16. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0340-1101” and inserting in place thereof the following figure:- 0340-1198.

SECTION 17. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0699-0016” and inserting in place thereof the following figure:- 0699-0014.

SECTION 18. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0699-2004” and inserting in place thereof the following figure:- 0699-2005.

SECTION 19. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “0810-0007” and inserting in place thereof the following figure:- 0810-0098.

SECTION 20. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “8000-0000” and inserting in place thereof the following figure:- 8000-0600.

SECTION 21. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “8100-0000” and inserting in place thereof the following figure:- 8100-1001.

SECTION 22. Said section 2 of said chapter 131 is hereby further amended by striking out the figure “8100-0011” and inserting in place thereof the following figure:- 8100-0018.

PAC Corrections

SECTION 23. Item 4400-1100 of said section 2 of said chapter 131 is hereby amended is hereby amended by striking out the words “, prior appropriation continued”, inserted by section 35 of chapter 9 of the acts of 2011, and inserting in place thereof the following words:- ; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012.

SECTION 24. Item 7002-0012 of said section 2 of said chapter 131 is hereby amended by striking out the words “prior appropriation continued”, inserted by section 36 of said chapter 9, and inserting in place thereof the following words:- ; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012.

SECTION 25. Item 7027-0019 of said section 2 of said chapter 131 is hereby  amended by striking out the words “prior appropriation continued”, inserted by section 37 of said chapter 9, and inserting in place thereof the following words:-

; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012.

SECTION 26. Item 8100-0111 of said section 2 of said chapter 131 is hereby amended by striking out the words “prior appropriation continued”, inserted by section 38 of said chapter 9, and inserting in place thereof the following words:- ; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012.

SECTION 27.  Item 8900-0001 of said section 2 of said chapter 131 is hereby amended by striking out the words “prior appropriation continued”, inserted by section 39 of said chapter 9, and inserting in place thereof the following words:- ; and provided further, that funding under this item shall not revert but shall be made available for expenditure until June 30, 2012.

Bristol County Retained Revenue

SECTION 28.  Item 8910-8310 of said section 2 of said chapter 131 is hereby amended by striking out the figure "$8,000,000", inserted by section 25 of chapter 409 of the acts of 2010, wherever it appears, and inserting in place thereof in each instance the following figure:- $9,495,000

Suffolk County Retained Revenue

SECTION 29. Item 8910-8810 of said section 2 of said chapter 131 is hereby amended by striking out the figure "$8,000,000" both times it occurs and inserting in place thereof in each instance the following figure:- $10,000,000.

Civil Service Exam Ceiling Increase

SECTION 30. Item 1750-0102 of section 3A of chapter 359 of the acts of 2010 is amended by striking out the figure “$2,031,977” both times it occurs and inserting in place thereof in each instance the following figure:- $2,159,000.

Health Care Cost Containment PAC

SECTION 31. Item 1599-2004 of section 2A of chapter 9 of the acts of 2011 is hereby amended by adding the following words:- ; and provided further, that any unexpended funds under this item shall not revert but shall be made available for expenditure until June 30, 2012.

Norfolk Collective Bargaining Reserve Correction

SECTION 32. Said section 2A of said chapter 9 is hereby further amended by striking out item 1599-4326 and inserting in place thereof the following item:-

1599-4326    For a reserve to meet the fiscal year 2011 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff’s department and CCOA Local 295……$37,158.

Snow and Ice Technical Correction

SECTION 33. Section 2 of chapter 27 of the acts of 2011 is hereby amended by striking out the figure “1599-5973” and inserting in place thereof the following figure:- 1599-1973.

MassHealth ISA Accounts Payable Period

SECTION 34. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not exceeding a total of $15,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 131 of the acts of 2010, shall not revert to the General Fund until September 1, 2011, and may be expended by the executive office of health and human services to pay for services provided during fiscal year 2011

MassHealth Transferability

SECTION 35. 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 of surplus among items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0640, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400, 4000-1405, 4000-1420 of section 2 of chapter 131 of the acts of 2010 for the purpose of reducing any deficiency in these items, but any such transfer shall take place not later than June 30, 2011.

Property Tax Assessment Relief

SECTION  36 . Notwithstanding sections 2A and 38 of chapter 59 of the General Laws or any other general or special law to the contrary, the board of assessors of a city or town in which real property was damaged or destroyed by tornado activity on June 1, 2011 and the third sentence of section 2A(a) of said chapter 59 has not been accepted, shall determine the condition of that property as of June 30, 2011 and shall use that condition to determine the assessed valuation of the property for purposes of assessing taxes as of January 1, 2011 for the fiscal year beginning on July 1, 2011.  This section shall take effect only upon its acceptance by the local appropriating authority, as defined in section 21C of chapter 59 of the General Laws.