FILED ON: 5/14/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4081

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act making appropriations for the fiscal year 2014 to provide for supplementing certain existing appropriations and for certain other activities and projects.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make forthwith supplemental appropriations for fiscal year 2014, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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 2014, 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, 2014.  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$34,128,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Group Insurance Commission.

1108-5200$50,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Veterans Services.

1410-0400$526,380

Department of Children and Families.

4800-0038$4,000,000

4800-0041$6,400,000

Department of Developmental Services.

5930-1000$11,318,251

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Community Development.

7004-0101$1,942,866

7004-0103$4,253,765

EXECUTIVE OFFICE OF EDUCATION

Department of Elementary and Secondary Education.

7061-9010$27,595,074

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division.

8700-0001$515,000

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, 2014. 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.

1599-0027 For a county reimbursement reserve to be administered by the executive office for administration and finance; provided that the reserve shall be distributed to the counties of Bristol, Norfolk and Plymouth, to mitigate unfunded pension liabilities related to chapter 61 of the Acts of 2009 ……………………………………………………….$2,000,000             

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary.

7002-0040 For a transfer to the Massachusetts Growth Capital Corporation for the Small Business Technical Assistance Grant Program; provided, that not less than $2,000,000 shall be disbursed as grants to community development corporations certified under chapter 40H of the General Laws, nonprofit community development financial institutions certified by the U.S. Treasury, or nonprofit community based organizations for the purpose of providing technical assistance or training programs to businesses with 20 employees or fewer; provided further, that priority shall be given to those organizations that focus on reaching under-served markets; and provided further, that the Massachusetts Growth Capital Corporation shall annually, on or before December 31, file a report with the house and senate committees on ways and means, and the joint committee on small business and community development……………………..$2,000,000

SECTION 3.  Item 1599-2004 of section 2A of chapter 9 of the acts of 2011 is hereby amended by inserting after the word “item”, in line 13, the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

SECTION 4.  Item 1599-0054 of section 2A of chapter 3 of the acts of 2013as amended by section 59 of chapter 36 of the acts of 2013, is hereby further amended by adding the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

SECTION 5.  Item 1599-0117 of section 2A of chapter 5 of the acts of 2013 is hereby amended by adding the following words:- ; provided further, that funds from this item may be expended for the purpose of marathon preparation, security and safety for the 2014 Boston Marathon and future marathons; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

SECTION 6.  Item 1599-0415 of section 2A of chapter 36 of the acts of 2013 is hereby amended by adding the following words:- ; and provided further, that any funds unexpended in fiscal year 2014 shall not revert and shall be made available for the purposes of this item until June 30, 2015.

SECTION 6A.  Section 2 of chapter 38 of the acts of 2013 is hereby amended by inserting after item 1790-0350 the following item:-

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION.

1790-0351 For the purposes of clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws; provided, that a city or town shall comply with the procedures established by the Massachusetts Department of Transportation; provided further, that a city or town may appropriate for such projects amounts not in excess of the amount provided to the city or town pursuant to this item; provided further, that the appropriation shall be considered an available fund upon approval of the commissioner of revenue pursuant to section 23 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse a city or town pursuant to this item, subject to the availability of funds as provided in section 9G of chapter 29 of the General Laws, within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and regulations and procedures established by the department; and provided further, that funds appropriated in this item shall not revert and shall be available for expenditure through June 30, 2015…………………………………………………………………………………$100,000,000

Commonwealth Stabilization Fund………………………………….100%

SECTION 6B. Notwithstanding any special or general law to the contrary, the provisions of section 6A shall not take effect until such time as the executive office of administration and finance, in conjunction with the department of revenue and the department of transportation, have furnished a study of its impact on the state’s economy and revenue cost to the commonwealth and its cities and towns, including, but not limited to, the impact on the bond rating of the commonwealth due to the withdrawal from the Stabilization Fund for purposes that are otherwise funded by authorizing general obligation bonds of the commonwealth, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states and any anticipated change in employment and ancillary economic activity to the joint committees on revenue and transportation and until legislation necessary to achieve the recommendations has been filed with the General Court and passed pursuant to Part 2, Chap. 1, Sec. 1, Art. II of the Constitution.

SECTION 7. Item 4800-0015 of section 2 of chapter 38 of the acts of 2013 is hereby amended by striking out the words “; provided further, that the commissioner may transfer funds between items 4800-0038, 4800-0040 and 4800-0041 for services only, as necessary, under an allocation plan, which shall detail, by object class, the distribution of the funds to be transferred and no transfers shall be made for administrative costs” and inserting in place thereof the following words: - ; provided further, that the commissioner may transfer funds among items 4800-0038, 4800-0040, 4800-0041, and 4800-0015; provided further, that the commissioner may transfer funds from items 4800-0038, 4800-0040, 4800-0041 and 4800-0015 to item 4800-1100.

SECTION 8.  Item 7002-0012 of said section 2 of said chapter 38 is hereby amended by striking out the words “through September 1, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 9. Item 7009-6400 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 10. Item 7009-9600 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 11. Item 7035-0035 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 12. Item 7061-9404 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 13. Item 7061-9408 of said section 2 of said chapter 38 is hereby amended by striking out the words “through  August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 14. Item 7061-9412 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 15. Item 7061-9611 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 16. Item 7061-9804 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31 , 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 17. Item 7066-0025 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 18. Item 7066-0040 of said section 2 of said chapter 38 is hereby amended by striking out the words “through August 31, 2014” and inserting in place thereof the following words:- for programs or activities during the summer months.

SECTION 19. The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff and Teamsters Local 122 shall be effective for the purpose of section 7 of chapter 150E of the General Laws.

SECTION 20. (a) Upon certification by the executive office for administration and finance, an amount of not more than $65,000,000 equal to federal financial participation funds received shall be deposited in the Commonwealth Care Trust Fund. To accommodate the timing of federal revenue receipts after June 30, 2014 amounts that would be collected during the fiscal year 2014 accounts receivable period shall be deposited in the fund on a projected basis on June 15, 2014.

(b) The Commonwealth Care Trust Fund need not be in balance at the close of fiscal year 2014, but shall be in balance at the close of fiscal year 2015.

SECTION 21. (a) Notwithstanding chapter 334 of the acts of 1996 or any other general or special law to the contrary, control and custody of the William A. Hinton State Laboratory Institute located in the Jamaica Plain section of the City of Boston is transferred from the University of Massachusetts  to the division of capital asset management and maintenance, effective July 1, 2014.   After the effective date of that transfer, the division may assign the use of space within the property to 1 or more state agencies and may make expenditures and perform maintenance for the property that it considers reasonable and appropriate.

(b)  Employees of the University of Massachusetts Medical School engaged in the maintenance and security of the facility known as the William A. Hinton state laboratory institute located in the Jamaica Plain section of the city of Boston shall be transferred to the division of capital asset management and maintenance effective July 1, 2014. The personnel administrator of the commonwealth, in consultation with the division of capital asset management and maintenance, shall complete a study of job titles of the former University of Massachusetts Medical School employees at the facility. The personnel administrator, in consultation with the division, shall determine the appropriate commonwealth job titles for former employees of the University of Massachusetts Medical School transferred to the division. Employees transferred to the division shall be placed in job titles as determined by the personnel administrator, and shall be paid wages and receive benefits consistent with the collective bargaining agreement governing those job titles. Such a transfer shall not impair the civil service status of any such transferred employee who immediately before the effective date of that transfer either held a permanent appointment in a position classified under chapter 31 of the General Laws or had tenure in a position by reason of section 9A of section 9A of chapter 30 of the General Laws.

SECTION 22.   The salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff and Teamsters Local 122 shall be effective for the purpose of section 7 of chapter 150E of the General Laws.

SECTION 23.   (a) Upon certification by the executive office for administration and finance, an amount of not more than $65,000,000 equal to federal financial participation funds received shall be deposited in the Commonwealth Care Trust Fund. To accommodate the timing of federal revenue receipts after June 30, 2014 amounts that would be collected during the fiscal year 2014 accounts receivable period shall be deposited in the fund on a projected basis on June 15, 2014.  

(b) The Commonwealth Care Trust Fund need not be in balance at the close of fiscal year 2014, but shall be in balance at the close of fiscal year 2015.             

SECTION 24. Notwithstanding any general or special law to the contrary, infants born addicted to drugs as a result of the use of illegal drugs by the birth mother during pregnancy shall be placed under the care and custody of the department of children and families and placed in an appropriate foster care home. The birth mother shall submit to treatment and random drug testing as a provision of the service plan. No infant or child shall be placed with a parent or guardian who has failed a drug test under the service plan.

SECTION 25. Notwithstanding any special or general law to the contrary, the provisions of section 24 shall not take effect until such time as (i) the executive office of health and human services, in conjunction with the committee for public counsel services and the office of the attorney general, furnishes a study to the joint committee on children, families and persons with disabilities and the joint committee on judiciary detailing the practice of current policy with respect to service plans for parents whose children have been placed in the care of the department of children and families, including existing court mandated drug testing; the impact of the section upon the judicial system of the commonwealth due to increased appeals by parents; and the section’s impact on the rights of individuals pursuant to Article XIV of the Constitution to due process under the law; the study shall also include a distributional analysis showing the impact on residents of varying income levels and the current practice of other states; and (ii) until legislation necessary to carry out any recommendations pursuant to the study has been filed with the General Court and passed pursuant to Part 2, Chap. 1, Sec. 1, Art. II of the Constitution.