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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1998 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 forthwith to make appropriations and transfers for fiscal year 1998 and to make certain changes in 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 1998 and for certain other activities and projects in said fiscal year, the sums set forth in section 2A 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, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

NO 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 are hereby appropriated from the General Fund unless specifically designated otherwise herein, for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 1998. The sums appropriated herein shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

Executive Office for Administration and Finance.
Reserves.
1599-2125
For a reserve to meet the fiscal years 1997 and 1998 costs of salary and benefit adjustments and other economic benefits authorized for those employees of the supreme judicial court, the appeals court and the trial court who are covered by the collective bargaining agreement between the trial court of the commonwealth and the Office and Professional Employees International Union, Local 6 (AFL-CIO) Professional Unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means
................................................................$215,490
1599-2126
For a reserve to meet the fiscal year 1999 costs of salary and benefit adjustments and other economic benefits authorized for those employees of the supreme judicial court, the appeals court and the trial court who are covered by the collective bargaining agreement between the trial court of the commonwealth and the Office and Professional Employees International Union, Local 6 (AFL-CIO) Professional Unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as may be necessary to meet the costs of said adjustments and benefits where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with 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 comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers
................................................................$321,300
Collective Bargaining Reserve Fund................................................................100.0%
1599-3866
For a reserve to meet the fiscal years 1997 and 1998 costs of certain increased compensation for officers in grade of lieutenant and grades superior thereto in the department of state police, including salary adjustments pursuant to the provisions of section 28A of chapter 22C of the General Laws; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with transfer plans which shall be filed in advance with the house and senate committees on ways and means
................................................................$4,239,000
Highway Fund................................................................88.2%
Local Aid Fund................................................................9.5%
General Fund................................................................2.3%
1599-3867
For a reserve to meet the fiscal year 1999 costs of certain increased compensation for officers in grade of lieutenant and grades superior thereto in the department of state police, including salary adjustments pursuant to the provisions of section 28A of chapter 22C of the General Laws; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with transfer plans which shall be filed in advance with 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 comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers
................................................................$3,445,000
Collective Bargaining Reserve Fund................................................................100.0%
1599-3868
For a reserve to meet the fiscal year 1998 costs of salary adjustments authorized by the collective bargaining agreement between the University of Massachusetts and the Service Employees' International Union, Local 254, AFL-CIO, CLC Clerical-Technical Unit; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet the costs of said adjustments where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means
................................................................$119,000
1599-3870
For a reserve to meet the fiscal year 1999 cost of compliance with the memorandum of understanding between the commonwealth and the Alliance, AFSCME-SEIU, regarding additional case manager positions at the department of mental health and additional service coordinator positions at the department of mental retardation; provided, that the secretary of administration and finance is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said cost, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means
................................................................$1,565,844
1599-3871
For a reserve to meet the fiscal year 1999 costs of certain economic benefits authorized by the collective bargaining agreements between the commonwealth and the National Association of Government Employees (Units 1, 3 and 6)
................................................................$445,000
Collective Bargaining Reserve Fund................................................................100.0%
1599-3876
For a reserve to meet the fiscal year 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Nurses Association (Unit 7) and to meet the fiscal year 1998 costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers
................................................................$6,870,000
Collective Bargaining Reserve Fund..............................................100.0%
1599-3877
For a reserve to meet the fiscal year 1999 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Nurses Association (Unit 7) and to meet the fiscal year 1999 costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with 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 comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers; and provided further, that a total of $115,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of section 11 of article 25, and subsection A of section 3 of article 30 of said agreement and shall not expire until June 30, 2000
................................................................$9,920,000
Collective Bargaining Reserve Fund..............................................100.0%
1599-7008
For a reserve to meet the fiscal years 1997 and 1998 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the State Police Association of Massachusetts and to meet the fiscal years 1997 and 1998 costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with transfer plans which shall be filed in advance with the house and senate committees on ways and means
................................................................$24,777,000
Highway Fund..............................................88.2% Local Aid Fund..............................................9.5% General Fund..............................................2.3%
1599-7009
For a reserve to meet the fiscal year 1999 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the State Police Association of Massachusetts and to meet the fiscal year 1999 costs of salary adjustments and other economic benefits necessary to provide equal salary adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such salary adjustments and benefits for such "confidential" employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover said positions; provided further, that said secretary is hereby authorized to transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 1999 such amounts as are necessary to meet said costs where the amounts otherwise available are insufficient for the purpose, in accordance with transfer plans which shall be filed in advance with the house and senate committees on ways and means; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of said transfers
................................................................$19,030,000
Collective Bargaining Reserve Fund..............................................100.0%

NO SECTION 2B.

SECTION 2C.I. For the purpose of making available in fiscal year 1999 balances of appropriations which otherwise would revert on June 30, 1998, 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 194 of the acts of 1998; provided, however, that for items which do not appear in said section 2 of said chapter 194, 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 said section 2 of said chapter 194; provided, however, that for items which do not appear in said section 2 of said chapter 194, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in said section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes.

Executive Office for Administration and Finance.
Reserves.
1599-2125
................................................................$215,490
1599-2126
................................................................$321,300
1599-3866
................................................................$4,239,000
1599-3867
................................................................$3,445,000
1599-3868
................................................................$119,000
1599-3870
................................................................$1,565,844
1599-3871
................................................................$445,000
1599-3876
................................................................$6,870,000
1599-3877
................................................................$9,920,000
1599-7008
................................................................$24,777,000
1599-7009
................................................................$19,030,000

SECTION 3. This act shall take effect as of June 30, 1998.

Approved August 12, 1998.