Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. There is hereby established a program within the office of the commissioner of administration and finance to fund the cost of improvements to lockup facilities of cities and towns of the commonwealth, metropolitan district commission lockup facilities and state police facilities as prescribed by section thirty-six B of chapter forty of the General Laws, for which the amount of ten million dollars is made available. The commissioner of administration and finance is authorized to distribute the amount made available to procure the materials, to fund the reasonable costs of making the improvements, and to pay such other related costs as he deems necessary.
SECTION 2. Cities and towns which have incurred costs in making improvements pursuant to contracts entered into between January first, nineteen hundred and eighty-five and June thirtieth, nineteen hundred and eighty-five may be reimbursed by said commissioner for their documented, reasonable costs upon certification to said commissioner by the city or town that the facility is in compliance with said section thirty-six B. Cities and towns which have not made such improvements shall submit to said commissioner detailed estimates of the costs thereof, based on specifications prepared by said commissioner. Said commissioner shall promptly review the estimated costs and if he approves them shall distribute the necessary funds to the city or town. If the funds provided are not sufficient to cover the costs of making improvements, the city or town shall immediately notify the commissioner of the amount necessary to complete the improvements. Said commissioner shall review such further request and, if he approves, shall distribute the funds to the city or town.
Cities and towns shall maintain all such funds in a separate interest-bearing account and shall expend the funds and any interest earned thereon only for the purposes of making the improvements prescribed by said section thirty-six B. Said commissioner is hereby authorized to inspect, examine or audit the books and records of any city or town receiving funds for such improvements.
After completion of such improvements, the city or town shall inspect the facility, certify to said commissioner that the facility is in compliance with said section thirty-six B, and submit to said commissioner a statement of the actual costs of making the improvements and of the balance remaining in the account. If the actual costs are less than the monies advanced for estimated costs and interest earned thereon, the city shall forthwith remit to the commonwealth the balance of funds maintained in the separate account.
If the city or town fails to remit any such balance, or if the city or town fails to certify the completion of the improvements to the secretary within one year of the advance of any funds under this act, said commissioner shall certify to the state treasurer the full amount distributed to said city or town by the commonwealth, and the state treasurer shall deduct said amount from any amount otherwise certified to the state treasurer for payment to the city or town as receipts, distributions, reimbursements and assistance under sections eighteen A, eighteen B, eighteen C and eighteen D of chapter fifty-eight of the General Laws and any other amount for local reimbursement grant or assistance programs entitled to be received by such city or town until such time as the full amount distributed is set off or the said city or town remits the balance or provides such necessary certification. At the time said city or town remits the balance or provides the necessary certification, the state treasurer shall pay to the city or town the amount so deducted.
SECTION 3. To meet the expenditures necessary in carrying out the provisions of section one and two inclusive, of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of ten million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Lockup Facilities Improvements Act of 1985, and shall be issued for such maximum term of years not exceeding seven years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, nineteen hundred and ninety-five. All interest and payments on account of principal of such obligations shall be payable from the Local Aid Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.
SECTION 4. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by sections one and two, inclusive, of this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments of the Constitution of the commonwealth, but the final maturities of such notes whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-five.
Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth, and shall be payable from the Local Aid Fund.