AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1997 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 immediately to make or supplement certain appropriations for the fiscal year ending June 30, 1997 and to make certain changes in the law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, 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 1997 and for certain other activities and projects in said fiscal year, the sums set forth in section two are hereby appropriated from the General Fund unless specifically designated otherwise herein or in said appropriation acts for the several purposes and subject to the conditions specified herein or in said appropriation acts and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June 30, 1997. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.
SECTION 2.
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 herein shall be appropriated from the General Fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in the general appropriation act or other appropriation acts for the fiscal year ending June 30, 1997. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for said items.
- 1599-2201
-
For a reserve to fund emergency grants to county
sheriffs to provide for the continued operation of county jails and houses of
correction; provided, that funds shall be distributed by the county
government finance review board only upon certification by said board to the
house and senate committees on ways and means that the following
conditions have been met: (1) that the jail or house of correction would be
unable to meet payroll obligations and other operational costs
intrinsically linked to the housing of inmates prior to June 30,
1997 unless such jail or house of correction
receives a disbursement from this reserve; provided, that said county
government finance review board shall grant priority to the distribution of
funds for this condition to counties with programs in place for the
incarceration and treatment of female inmates whose female inmates, due to
overcrowding or lack of bed capacity, are being housed in a state correctional
institution and for which the release of funds from this reserve would
allow the transfer of such inmates to county facilities; (2) that all
discretionary costs as determined by said county government finance review
board have been deferred or canceled; and (3) that the jail or house of
correction
agrees that it shall not seek any further deficiency or supplemental
funding in fiscal year 1997; provided further,
that $4,670,000 of the amount
appropriated herein shall be obligated for the payment of an order of the labor
relations commission (order number MUP-8820); provided further, that
payment of said amount shall fully satisfy the commonwealth's obligation
in said order
- ...................................$14,670,000
- Local Aid Fund.........................100.0%
- ...................................$14,670,000
-
1599-3821
-
For a reserve to fund the payment of back pay and
interest to plaintiffs in
Massachusetts Community College Council v.
Commonwealth of Massachusetts
and consolidated cases, 420 Mass. 126 (1995)
- ..................................$11,000,000
- 1599-3822
-
For a reserve to fund the costs for fiscal years 1993
to 1998, inclusive, of
compliance with the decision of the labor relations commission in case number
SUP-3966, issued December 31, 1996;
provided, that this item shall not expire until June 30,
1998
- ..................................$3,991,478
-
1599-3912
-
For a reserve for payments to communities affected by prior year prison
expansion at Massachusetts correctional institutions pursuant to
grants made under the authority of item 1102-8969 of section 2 of chapter
12 of the acts of 1996; provided,
that not less than $960,000 shall be provided to
communities affected by prior year prison expansion at the Massachusetts
correctional institution at Norfolk; provided further, that not less than
$1,600,000
shall be provided to communities
affected by prior year prison expansion at the Massachusetts correctional
institution at Cedar Junction; and provided further, that payments under
this item shall be used to satisfy, in whole or in part, grants authorized to
such communities under the authority of said item 1102-8969
- ..................................$2,560,000
- Local Aid Fund.....................100.0%
- ..................................$2,560,000
- 1750-0103
-
For a one-time reserve to reduce or
eliminate the backlog of cases pending before the civil service commission;
provided, that no state employee shall be compensated from this
item; provided further, that all costs charged to this item shall be deemed to
be one-time costs and shall cease to be obligations of said civil
service commission or the commonwealth once such backlog is eliminated; and
provided further, that notwithstanding the provisions of any general or
special law to the contrary, this appropriation shall not expire until June
30, 1998
- ..................................$500,000
- 1790-0107
-
For certain costs associated with the development
and implementation of the commonwealth's human resources and compensation
management system, so-called
- ..................................$7,640,440
- 4590-0907
-
For primary and preventive health services for
uninsured children 13 through 18 years of age pursuant to the
provisions of section 24G of chapter 111 of the
General Laws
- ..................................$2,710,426
- Children's and Seniors' Health Care Assistance Fund ...............100.0%
- ..................................$2,710,426
- 4800-1996
-
For the purchase and installation of a telephone
system in the department of social services' area and regional
offices
- ..................................$3,600,000
- 8315-1001
-
For extraordinary expenses incurred in fiscal year
1997 relative to the payment of sick leave
buybacks and vacation-in-lieu payments, so-called, for six employees of the
division of inspections who shall retire in fiscal year 1997;
provided, that no other costs shall be charged to this
item
- ..................................$100,356
SECTION 3. Section 1 of chapter 29 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the definition of "Budgetary funds" the following definition:-
"Budgeted revenues and other financial resources pertaining to the budgeted funds", inflows from tax and nontax sources that are directed by law to be accounted and reported to a fund which is subject to annual appropriation.
SECTION 4. Section 2H of said chapter 29, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
In the event that the amount remaining in the fund at the close of a fiscal year exceeds five per cent of the budgeted revenues and other financial resources pertaining to the budgeted funds, as confirmed by the comptroller in the audited statutory basis financial report for the immediately preceding fiscal year, the amounts so in excess shall be transferred to the Tax Reduction Fund established by section 2I.
SECTION 5. Subsection (1) of section 5 of said chapter 29, as so appearing, is hereby amended by striking out paragraph (h) and inserting in place thereof the following paragraph:-
(h) The amount in the Commonwealth Stabilization Fund at the close of the preceding fiscal year and the amount by which such amount exceeds five per cent of the total amount of budgeted revenues and other financial resources pertaining to the budgeted funds, as confirmed by the comptroller in the audited statutory basis financial report for the immediately preceding fiscal year.
SECTION 6. Said chapter 29 is hereby further amended by striking out section 5C, as so appearing, and inserting in place thereof the following section:-
Section 5C. The comptroller shall annually, on or before September 15, certify to the commissioner of administration the amount of the consolidated net surplus in the operating funds at the close of the preceding fiscal year. The amounts so certified shall be disposed as follows:
(a) an amount equal to one-half of one per cent of the total revenue from taxes in the preceding fiscal year, as certified in accordance with section 5, shall be available to be used as revenue for the current fiscal year;
(b) for any fiscal year for which the comptroller determines on or before October 31 of the succeeding fiscal year that there is a negative balance in the funds created pursuant to section 49 as reported in his annual financial report, said comptroller may transfer funds up to 40 per cent of the amount remaining of the consolidated net surplus to an account established pursuant to said comptroller's authority under sections 8 and 9 of chapter 7A for the purposes specified in said section 49; and
(c) sixty per cent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the General Fund and 40 per cent of any remaining amount of such consolidated net surplus shall be transferred to the Commonwealth Stabilization Fund from the Local Aid Fund.
The comptroller shall annually, on or before the following second Wednesday in January, adjust said transferred amounts to reflect the results of the so-called single audit of the commonwealth's financial statements required by the federal government for each fiscal year.
SECTION 7. Item 1108-5200 of section 2 of chapter 151 of the acts of 1996, as amended by section 11 of chapter 366 of the acts of 1996, is hereby further amended by striking out the figure "426,574,000" and inserting in place thereof the following figure:- 428,200,000.
SECTION 8. Item 1108-5220 of said section 2 of said chapter 151 is hereby amended by striking out the figure "15,843,844" and inserting in place thereof the following figure:- 17,650,000.
SECTION 9. Item 1108-5230 of said section 2 of said chapter 151, as amended by section 12 of chapter 366 of the acts of 1996, is hereby further amended by striking out the figure "53,500,000" and inserting in place thereof the following figure:- 50,067,837.
SECTION 10. Said section 2 of said chapter 151 is hereby further amended by striking out item 1599-0420 and inserting in place thereof the following item:-
- 1599-0420
-
For a reserve for the department of youth services
to manage its increase in caseload resulting from factors such as the
implementation of chapter 200 of the acts of 1996 and the growing female
population in
the custody of the department; provided, that the department of youth
services
shall submit a quarterly report to the house and senate committees on
ways and means detailing the exact caseload increase and impact on items
4202-0001, 4202-0002, 4202-0003, 4202-0004, 4202-0005, 4202-0006, 4237-1010
and 4238-1000; provided further, that the department shall submit to the
secretary of administration and finance and the house and senate committees
on ways and means a schedule of the cost per case per item as needed to
supplement its current appropriations for the purposes stated herein; and
provided further, that the secretary of administration and finance is hereby
authorized to transfer funds from this item to items 4202-0001, 4202-0002,
4202-0003, 4202-0004, 4202-0005, 4202-0006, 4237-1010 and 4238-1000, subject to
a plan which said secretary shall file in advance with the house
and senate committees on ways and means
- ..................................$3,000,000
SECTION 11. Item 2100-2040 of said section 2 of said chapter 151 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For additional expenses, upkeep and improvements to the department of environmental management's parks and recreation system, including an internship program for students at the University of Massachusetts Stockbridge school of forestry or other academic institutions providing similar training and education programs in forestry, recreation, natural resources, watershed management or fire science; provided, that not less than $50,000 shall be expended for the promotion of tourism in the city of Fall River, including the Fall River Heritage state park; and provided further, that such funds shall be administered by said city of Fall River.
SECTION 12. Said section 2 of said chapter 151 is hereby further amended by striking out item 4000-0300 and inserting in place thereof the following item:-
- 4000-0300
-
For the administration of the division; provided,
that the same standards and regulations in place for personal care attendants,
nursing home bed holds, so-called, and score III, so-called, in fiscal
year 1996 shall be retained in fiscal year 1997;
provided, that in consultation with
the division of health care finance and policy, the division shall not approve
any increase in existing medicaid provider rates without taking all
measures possible under Title XIX of the Social Security Act to ensure that
rates of payment to providers do not exceed such rates as are necessary
to meet only those costs which must be incurred by efficiently and economically
operated providers in order to provide services of adequate quality;
provided further, that expenditures for the purposes of each item appropriated
to the division by this act shall be accounted for according to such
purpose on the Massachusetts management accounting and reporting system not
more than ten days after such expenditures have been made by the medicaid
management information system; provided further, that the division shall not
make expenditures that are not federally reimbursable, except as
specifically authorized herein, or unless made for cost containment efforts,
the
purposes and amounts of which have been submitted to the house and
senate committees on ways and means 30 days prior to making such
expenditures; provided further, that the division shall not extend or expand
any
categories of assistance under said Title XIX or any successor federal statute
or under the authority of any waiver granted by the secretary of
health and human services beyond those in effect as of March 1,
1995; provided further, that the division may
continue to recover provider overpayments made in the current and prior fiscal
years through the medicaid management information system, and
such recoveries shall be deemed current fiscal year expenditure refunds,
so-called; provided further, that the division shall report quarterly to the
house and senate committees on ways and means the amounts of such expenditure
refunds credited to each item of appropriation; provided further, that
unless otherwise expressly authorized by law, the division shall deposit all
federal funds received in the General Fund; provided further, that the
division shall report quarterly to the house and senate committees on ways and
means the amount of hand generated payments, so-called, to providers
by item of appropriation from which such payments were made; provided further,
that the definitions for the personal care attendant program as set
forth in 130 C.M.R. 422.402 and the operating procedures as set forth in 130
C.M.R. 422.421 shall not be changed from those in effect on January 1,
1996 until July 1, 1997
or until agreement is reached between the division and
designees of the governor's advisory commission on disability policy, the
Massachusetts office on disability and the statewide independent living
council regarding the legal and fiscal responsibilities associated with the
employment of personal care attendants; and provided further, that
administrative costs incurred as a result of the implementation and operations
of programs authorized by chapter 203 of the acts of
1996 may be paid from this item
- ..................................$34,144,407
- General Fund.................................................................................98.0%
- Children's and Seniors' Health Care Assistance Fund.......... 2.0%
- ..................................$34,144,407
SECTION. 13. Said section 2 of said chapter 151 is hereby further amended by striking out item 4000-0310 and inserting in place thereof the following item:-
- 4000-0310
-
For administrative support and related services
purchased contractually by the division including, but not limited to,
preadmission screening, utilization review, medical consultants, disability
determination reviews, health benefit managers and interagency service
agreements; provided, that a summary description of the interagency
service
agreements for which funds are allocated by the division to other agencies
shall be submitted to the house and senate committees on ways and means
not more than ten days after making such allocations; provided further, that
no
funds shall be expended from this item for the contracted services
funded in item 4000-0325; provided further, that no funds shall be
expended
by the division for the purpose of funding interpretive services
directly or indirectly related to a settlement or resolution agreement,
so-called, with the office of civil rights or any other office, group or
entity; provided further, that interpretive services currently provided by the
division shall not give rise to enforceable legal rights for any party
or to an enforceable entitlement to interpretive services; and provided
further, that contractual costs incurred as a result of the implementation
and operation of programs authorized by chapter 203 of the
acts
of 1996 may be paid from this item
- ..................................31,981,874
- General Fund...............................................................................98.44%
- Children's and Seniors' Health Care Assistance Fund...........1.56%
- ..................................31,981,874
SECTION. 14. Said section 2 of said chapter 151 is hereby further amended by striking out item 4000-0350 and inserting in place thereof the following item:-
- 4000-0350
-
For the operation of the eligibility system formerly
known as the MA21 Project only; provided, that the division shall
deposit all
federal reimbursements for said system and its development costs in the
General Fund or the Children's and Seniors' Health Care Assistance Fund in
proportion to the reimbursed expenditures from each said fund;
provided further, that the division shall, prior to resuming development of
said MA21 Project, notify the comptroller, the information technology
division and the house and senate committees on ways and means that sufficient
state funds are available for said project in an amount which will not
incur any deficiency for the division in the current fiscal year; provided
further, that no funds shall be expended from this item for administrative
expenses in item 4000-0300; provided further, that no funds shall be expended
from this item for the contracted services in item 4000-0310; provided
further, that no funds shall be expended from this item for systems contracts
in item 4000-0325; and provided further, that systems costs incurred as
a result of the implementation and operation of programs authorized by chapter
203 of the acts of 1996 may
be paid from this item
- ..................................$3,234,114
- General Fund.................................................................................93.82%
- Children's and Seniors' Health Care Assistance Fund..........6.18%
- ..................................$3,234,114
SECTION 15. Item 4000-0500 of said section 2 of said chapter 151 is hereby amended by striking out the figure "1,006,469,462" and inserting in place thereof the following figure:- 997,469,462.
SECTION 16. Item 4000-0600 of said section 2 of said chapter 151 is hereby amended by striking out the figure "1,258,900,161" and inserting in place thereof the following figure:- 1,304,900,161.
SECTION 17. Item 4000-0800 of said section 2 of said chapter 151, as most recently amended by section 31 of chapter 365 of the acts of 1996, is hereby further amended by striking out the figure "665,000,000" and inserting in place thereof the following figure:- 628,000,000.
SECTION 18. Item 4110-0002 of said section 2 of said chapter 151 is hereby amended by striking out the wording and inserting in place thereof the following wording:- Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts commission for the blind may expend an amount not to exceed $75,000 from revenues received pursuant to the home and community based waiver initiative, so-called, for the administration of said commission; provided, that no funds shall be expended from this item until the secretary of administration and finance shall certify in writing to the house and senate committees on ways and means that not less than $725,000 from said initiative shall be deposited in the General Fund for services rendered in fiscal year 1997, including the revenue accrual period, so-called; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the commission may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.
SECTION. 19. Said section 2 of said chapter 151 is hereby further amended by striking out item 4512-0103 and inserting in place thereof the following item:-
- 4512-0103
-
For acquired immune deficiency syndrome prevention
and treatment; provided, that not less than $679,000
shall be expended on comprehensive family planning providers
for AIDS prevention education; and provided further, that $2,000,000
shall
be expended from this item for early screening and treatment
necessary to reduce hospitalization and avoid medicaid costs by delaying the
onset of fully symptomatic AIDS; and provided further, that not less
than $600,000 shall be expended for combination drug
therapy services
- ..................................$43,723,686
- General Fund............................................85.54%
- Health Protection Fund.........................14.46%
- ..................................$43,723,686
SECTION. 20. Said section 2 of said chapter 151 is hereby further amended by striking out item 4590-0900 and inserting in place thereof the following item:-
- 4590-0900
-
The department is hereby authorized to expend an
amount not to exceed $65,873,419
from reimbursements collected for hospital
services, subject to the approval of the commissioner of public health;
provided, that such revenues may be expended for the purpose of
hospital-related costs, including personnel, capital expenditures and motor
vehicle
replacement; provided further, that all revenues expended shall be
pursuant to schedules submitted to the secretary of administration and finance
and the house and senate committees on ways and means; provided
further, that notwithstanding the provisions of any general or special law to
the contrary, the Western Massachusetts hospital shall be eligible to
receive and retain full reimbursement from the medical assistance program of
the division of medical assistance; provided further, that
notwithstanding the provisions of any general or special law to the contrary,
said Western Massachusetts hospital shall reimburse the General Fund
for a portion of employee benefit expenses according to a schedule submitted
by the commissioner of public health and approved by the secretary of
administration and finance; provided further, that such reimbursement shall
not exceed ten per cent of total personnel costs for said hospital;
provided further, that the department shall take no action to reduce or align
the client population and services at the Tewksbury state hospital
unless such action results in alternative service delivery in an appropriate
and cost-effective method of care; provided further, that the staffing
configurations at said hospital shall be consistent with the client population
and service realignment; provided further, that funds may be expended
from this item for the costs of personnel; provided further, that for the
purpose of accommodating timing discrepancies between the receipt of
retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate therefor as
reported in the state accounting system; provided further, that no funds
appropriated herein shall be expended for administrative, space or energy
expenses of the department not directly related to personnel or programs
funded herein; and provided further, that reimbursements received for medical
services provided at the Lemuel Shattuck hospital to inmates of county
correctional facilities not managed by private health care vendors shall be
credited to item 4590-0903 of section 2B
- ..................................$65,873,419
SECTION 21. Item 5911-1001 of said section 2 of said chapter 151 is hereby amended by striking out the wording and inserting in place thereof the following wording:- Notwithstanding the provisions of any general or special law to the contrary, the department of mental retardation may expend an amount not to exceed $1,000,000 from revenues received pursuant to the home and community-based waiver initiative, so-called, for the administration of said department; provided, that no funds shall be expended from this item until the secretary of administration and finance shall certify in writing to the house and senate committees on ways and means that not less than $6,000,000 from said initiative shall be deposited in the General Fund for services rendered in fiscal year 1997, including the revenue accrual period, so-called; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payments amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.
SECTION 21A. Item 6005-0015 of said section 2 of said chapter 151 is hereby amended by adding the following words:- ; and provided further, that in no event shall the total amount of funds expended from this item for any regional transit authority exceed 75 per cent of the net cost of service of such authority.
SECTION 22. Item 7007-0910 of said section 2 of said chapter 151, inserted by section 111 of chapter 204 of the acts of 1996, is hereby amended by striking out the wording and inserting in place thereof the following wording:- For a monument grants program; provided, that funds appropriated herein shall be allocated to the Massachusetts cultural council subject to an allocation plan which shall be filed in advance with the house and senate committees on ways and means; provided further, that funds shall be expended from this item for a veterans' memorial in the town of Medfield, subject to a 50 per cent match from local or other private sources; provided further, that an amount shall be expended for a memorial to women in government, subject to the collection of 50 per cent in matching funds; provided further, that an amount shall be expended for a memorial to honor Sojourner Truth, subject to a 50 per cent match from local or private sources; provided further, that not less than $50,000 shall be expended for the commonwealth's contribution to the women's service memorial, so-called; and provided further, that funds shall be obligated for the construction of a monument to honor persons serving the public safety needs of the citizens of the commonwealth, subject to the collection of 50 per cent in matching funds.
SECTION 23. Item 4000-0440 of section 2A of chapter 204 of the acts of 1996 is hereby amended by striking out the wording and inserting in place thereof the following wording:- For the payment of prior fiscal year expenses for a program of medical services for disabled children and adults; provided, that all expenditures made from this item shall be subject to the provisions of item 4000-0430 of section 2 of chapter 60 of the acts of 1994; and provided further, that $53,431 shall be made available for the funding of a head injury treatment program on Cape Cod, being the Cape Head Injured Program, also known as the "C.H.I.P. House", serving the treatment needs of individuals with brain injuries.
SECTION 24. Chapter 435 of the acts of 1996 is hereby amended by inserting after section 6 the following section:-
Section 6A. Notwithstanding the provisions of any general or special law to the contrary, an amount not to exceed the amounts transferred from the Commonwealth Stabilization Fund to the Tax Reduction Fund as reported in the commonwealth's audited financial report for the fiscal year ending June 30, 1996 and as certified by the secretary of administration and finance, plus interest earned on such amount, shall be appropriated in the fiscal year ending June 30, 1998 for the purpose of implementing a temporary increase in the amounts of the personal exemption allowable on the income tax for the taxable year ending December 31, 1997; provided, that such temporary increase shall be structured so that the tax reduction authorized by this section does not exceed the balance in said Tax Reduction Fund; and provided further, that such commissioner of revenue is hereby authorized and directed to implement said temporary increase.
SECTION 25. Notwithstanding the provisions of any general or special law to the contrary, $150,000 of the amount appropriated in item 2440-0010 of section 2 shall be expended exclusively for the management of aquatic nonnative plants in the Charles River lakes district, including treatment and monitoring. Funds appropriated in said item 2440-0010 shall be in addition to any amounts previously appropriated and made available for said purpose.
SECTION 26. Notwithstanding the provisions of any general or special law to the contrary, $2,439,061 of the amount appropriated in item 8000-0040 of section 2 of this act shall be expended for the costs of the police career incentive program which are attributable to state fiscal year 1996 but which were not reimbursed from item 8000-0040 of section 2 of chapter 38 of the acts of 1995; provided, that funds made available pursuant to the authority of this section shall be deemed to fully satisfy any and all obligations of the commonwealth for fiscal year 1996.