Amendment #15 to H.55

An Amendment Relative to Crime Lab Scandal

Representatives Lyons of Andover and Lombardo of Billerica move that the bill be amended in section 2A, in item 1599-0054, by striking out the wording and inserting in place thereof the following wording:-



For a reserve for costs of the investigation and response related to the breach at the Drug Analysis Laboratory at the Dr. William A. Hinton State Laboratory Institute; provided, that the secretary of administration and finance may transfer funds from this item to state agencies, as defined in section 1 of chapter 29 of the General Laws, and municipalities for this purpose; provided further, that these transfers shall occur on a monthly basis in incremental amounts based on costs to investigate or respond to the Hinton Laboratory breach unless the secretary determines that funds must be transferred more or less frequently in order to meet necessary funding needs of state agencies and municipalities; provided further, that transfers shall be made in accordance with an executed memorandum of agreement between the secretary and each entity receiving funding, documenting the types of costs eligible for funding pursuant to this item and other terms of funding that the secretary considers appropriate, a copy of which shall be filed with the chairs of the house and senate committees on ways and means within 10 days after the agreement’s execution; provided further, that requests for funding of eligible costs pursuant to any such memoranda of agreement shall include documentation evidencing these eligible costs that the secretary, in his sole discretion, determines to be sufficient; provided further, that no transfers shall be made from this item before the filing of the applicable memorandum of agreement with the house and senate committees on ways and means; and provided further, that the secretary shall file a quarterly report with the chairs of the house and senate committees on ways and means which identifies, by funding recipient: (a) all funding requests and transfers made for the quarter that has most recently ended; (b) the total funding requested and transfers by fiscal year; and (c) projected funding required for the forthcoming quarter. The money appropriated for this item shall not be appropriated from the General Fund. The money appropriated for this item shall come from the FY2013 operating budget of the Department of Public Health, from whichever line items and/or accounts are seen as appropriate by the Commissioner of the Department of Public Health.