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  • Acts
  • 1999
  • Chapter 20 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1999 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 appropriations forthwith for the fiscal year ending June 30, 1999, each of which is 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 1999 and for certain other activities and projects in said fiscal year, the sums set forth in section 2 are hereby appropriated from the general fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified therein and subject to the provisions of law regulating the disbursement of public funds, for the fiscal year ending June 30, 1999. The sums appropriated in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

DISTRICT ATTORNEYS.

Essex District Attorney.

0340-0300 ..............................................................................................................................................$41,493

Hampden District Attorney.

0340-0500 .............................................................................................................................................$110,359

Norfolk District Attorney.

0340-0700 .............................................................................................................................................$153,000

Plymouth District Attorney.

0340-0800 .............................................................................................................................................$114,799

SECRETARY OF STATE.

Office of the Secretary of State.

0521-0000 .............................................................................................................................................$162,381

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver-General.

0610-0000 .............................................................................................................................................$303,321

ATTORNEY GENERAL.

Attorney General.

0810-0000 .............................................................................................................................................$300,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

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Department of Veterans' Services.

1410-0300 ...........................................................................................................................................$1,700,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Environmental Management.

2100-3010 .............................................................................................................................................$200,000 Metropolitan District Commission.
2440-2000 .............................................................................................................................................$816,818
2440-5000 .............................................................................................................................................$200,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0870 ..........................................................................................................................................$44,670,000

Office of Child Care Services.

4130-3700 ...........................................................................................................................................$1,600,000

Department of Transitional Assistance.

4405-2000 ...........................................................................................................................................$2,455,000

Department of Public Health.

4510-0615 .............................................................................................................................................$390,651
4513-1020 ...........................................................................................................................................$3,032,015
4580-1000 ...........................................................................................................................................$1,085,914

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6030-7201 ..........................................................................................................................................$22,515,429
6030-7221 ...........................................................................................................................................$9,085,723

DEPARTMENT OF EDUCATION.

7061-9604 .............................................................................................................................................$260,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Correction.

8900-0004 .............................................................................................................................................$985,000

Sheriffs.

8910-0000 ...........................................................................................................................................$8,000,000

Worcester Sheriff.

8910-0105 .............................................................................................................................................$345,000

Middlesex Sheriff.

8910-0107 .............................................................................................................................................$500,000

Franklin Sheriff.

8910-0108 .............................................................................................................................................$200,000

Hampshire Sheriff.

8910-0110 .............................................................................................................................................$450,118

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the general fund unless specifically designated otherwise herein and shall 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, 1999. 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.

Department of Revenue.

1235-0100
For the settlement agreement in Massachusetts Wholesalers of Malt Beverages, Inc., et al. v. Commonwealth of Massachusetts, et al., Suffolk Superior Court C.A. No. 90-1523-F.
....................................................................................................................................................$7,900,000

Reserves.

1599-3384
For a reserve for the payment of certain court judgments, settlements and legal fees in accordance with regulations promulgated by the comptroller which were ordered to be paid in fiscal year 1999 or a prior fiscal year; provided, that not more than $2,500,000 shall be expended for the settlement agreement in SCC/Kullman Industries, a Joint Venture, et al., v. Commonwealth of Massachusetts, et al., Suffolk Superior Court C.A. No. 96-4033-A; and provided further, that not more than $535,000 shall be expended for the settlement agreement in UNISYS, Inc. et al. v. Commonwealth of Massachusetts, et al., Suffolk Superior Court C.A. No. 96-01272-H.
...................................................................................................................................................$13,000,000
1599-3920
For a reserve to meet the fiscal year 1999 cost of salary adjustments authorized by the collective bargaining agreements between the University of Massachusetts and the University Staff Association/Massachusetts Teachers Association; provided, however, 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 said fiscal year such amounts as are necessary to meet the cost of the 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; 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 such transfers.
......................................................................................................................................................$536,000

Collective Bargaining Reserve Fund.

1599-3921
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 University of Massachusetts and Local 1895, American Federation of Teachers, Educational Services 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 said fiscal year such amounts as are necessary to meet the costs of such 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; 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 such transfers.
......................................................................................................................................................$187,000

Collective Bargaining Reserve Fund.

1599-3922
For a reserve to meet the commonwealth's obligations for fiscal years 1999 to 2001, inclusive, pursuant to the provisions of subsection 7 of section A of Article VI of the collective bargaining agreement between the University of Massachusetts and Local 1895, American Federation of Teachers, Educational Services Unit; provided, however, that the secretary of administration and finance is hereby authorized to allocate during fiscal year 1999 from the sum appropriated herein such amounts as are necessary to meet the cost of such obligations; and provided, further, that this appropriation shall expire on June 30, 2001.
......................................................................................................................................................$83,000
1599-3923
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 Coalition of Public Safety (Unit 5) and to meet fiscal year 1999 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, however, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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 may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for said fiscal year such amounts as are necessary to meet such 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 shall charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of such transfers.
......................................................................................................................................................$750,000

Collective Bargaining Reserve Fund.

1599-3924
For a reserve to meet the fiscal years 1998 and 1999 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and Local 25, International Brotherhood of Teamsters; provided, however, that the secretary of administration and finance may 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 shall charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of such transfers.
.......................................................................................................................................................$33,000

Collective Bargaining Reserve Fund.

1599-3925
For a reserve to meet the fiscal years 1998 and 1999 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 399; provided, however, that the secretary of administration and finance may 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 such 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 shall charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of such transfers.
......................................................................................................................................................$108,473

Collective Bargaining Reserve Fund.

1599-3926
For a reserve to meet the fiscal year 1999 costs of certain economic benefits authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO (Units 8 and 10) and to meet the fiscal year 1999 cost of economic benefits necessary to provide equal benefits to employees employed in "confidential" positions which otherwise would be covered by said agreement; provided, however, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such 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 may allocate during fiscal year 1999 from the sum appropriated herein such amounts as are necessary to meet such costs; and provided, further, that this appropriation shall expire on June 30, 2001.
......................................................................................................................................................$397,000
1599-3927
For a reserve to meet the fiscal year 1999 cost of salary adjustments authorized by the collective bargaining agreement between the University of Massachusetts and Local 1776, AFSCME Council 93, AFL-CIO; provided, however, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for said fiscal year such amounts as are necessary to meet such 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 shall charge to the Collective Bargaining Reserve Fund expenditures from the accounts which receive transfers from this item in amounts equal to the amounts of such transfers ?
......................................................................................................................................................$425,000

Collective Bargaining Reserve Fund.

1599-5600
For a reserve to partially reimburse the costs incurred in fiscal year 1999 for the delivery of services to clients of home care corporations whose eligibility for such services was created as a result of home health agency cutbacks pursuant to the federal Balanced Budget Act of 1997, so-called; provided, however, that such reimbursement shall be pro-rated based upon the number of clients eligible for such services delivered by each such corporation as of July 1, 1998; and provided, further, that the reimbursement shall not recur nor shall the amount reimbursed hereunder annualize or further obligate the commonwealth in future fiscal years.
....................................................................................................................................................$2,300,000
1599-7019
For a reserve to meet the fiscal years 1998 and 1999 costs of salary and benefit adjustments and other employee 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 agreements between the trial court of the commonwealth and the Service Employees International Union, Local 254; provided, however, 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 such 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; 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 such transfers.
....................................................................................................................................................$8,981,066

Collective Bargaining Reserve Fund.

1599-7020
For a reserve to meet the fiscal years 1998 and 1999 costs of salary and benefit adjustments and other employee economic benefits authorized for those employees of the supreme judicial court and the appeals court who are covered by the collective bargaining agreements between the trial court of the commonwealth and the Service Employees International Union, Local 254; provided, however, 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 such 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; 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 such transfers ?
.......................................................................................................................................................$35,368

Collective Bargaining Reserve Fund.

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Transitional Assistance.

4405-2010
For the payment of prior fiscal years' expenses for special grants recipients of the state supplemental security income program residing in rest homes; provided, that all expenditures made from this item shall be subject to the provisions of item 4405-2000 of section 2 of chapter 43 of the acts of 1997.
......................................................................................................................................................$250,000

SECTION 2B.

To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 1999, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations and to meet certain requirements of law, the sums set forth herein are hereby authorized from the Intragovernmental Service Fund for the several purposes 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, 1999. The sums authorized herein shall be in addition to any amounts previously authorized and made available for the purposes of said items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Reserves.

1599-3102
......................................................................................................................................................$242,193

Division of Human Resources.

1750-0105
......................................................................................................................................................$400,000

Division of Operational Services.

1775-0800
......................................................................................................................................................$550,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Correction.

8900-0021
....................................................................................................................................................$1,000,000

SECTION 3. Section 9 of chapter 8 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words ", the building at 100 Nashua Street in the city of Boston".

SECTION 4. The first paragraph of section 64 of chapter 15 of the acts of 1996 is hereby amended by striking out the last sentence and inserting in place thereof the following four sentences:- Notwithstanding the provisions of section 15B of chapter 83 of the General Laws, the towns of Holden and West Boylston may assess and collect estimated sewer assessments for the costs of establishing, developing and constructing a system of sewerage and sewage treatment and disposal, or components thereof, including any design, engineering, legal, management and administrative costs, whether or not included in a contract for construction of such facilities, plus the total amount of each municipality's liability under all contracts it has entered into for the construction of such facilities. Such assessments may be apportioned over a period not to exceed 25 years. The total amount of the estimated sewer assessments shall not exceed 90 per cent of such costs, and the total of such estimated assessments shall be allocated by the same method to be used for the allocation of the actual assessments upon the completion of the work. When the final costs for establishing, developing, and constructing such facilities have been determined, each town may assess and collect actual sewer assessments.

SECTION 5. The second paragraph of said section 64 of said chapter 15 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding the provisions of chapter 83 of the General Laws or any other general or special law to the contrary, the towns of Holden and West Boylston shall commit as assessments of the town any amounts certified to them by the metropolitan district commission as estimates of the amounts to be expended or the amount actually expended for the benefit of property owners in the respective towns.

SECTION 6. The third paragraph of said section 64 of said chapter 15 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The towns of Holden and West Boylston shall also cause to be recorded in the registry of deeds a list of parcels upon which special assessments are to be imposed on account of the project, which list shall constitute a lien upon the parcels as provided in chapter 80 of the General Laws.

SECTION 7. Item 4000-0430 of section 2 of chapter 194 of the acts of 1998 is hereby amended by striking out the words "provided, that no funds shall be expended from this item for expenses incurred in prior fiscal years" and inserting in place thereof the following words:- provided, that not more than $3,400,000 shall be expended from this item for health care services provided to recipients in prior fiscal years.

SECTION 8. Said section 2 of chapter 194 is hereby further amended by striking out item 4400-8998, inserted by section 201 of chapter 463 of the acts of 1998, and inserting in place thereof the following item:-

4400-8999
For the acquisition of computer software for the BEACON project, so-called ?
....................................................................................................................................................$1,184,500.

SECTION 9. Item 4510-0615 of said section 2 of said chapter 194 is hereby amended by striking out the figure "$792,852" and inserting in place thereof the following figure:- $1,183,503.

SECTION 10. Item 8910-0010 of said section 2 of said chapter 194 is hereby amended by inserting after the words "Lemuel Shattuck hospital in fiscal year 1999" the following words:- , including the costs of medical services provided to inmates in the custody of the sheriffs of counties that have privatized medical services which have not been fully reimbursed due to such privatization.

SECTION 11. Said section 2 of said chapter 194 is hereby further amended by striking out item "8910-0104".

SECTION 12. Said section 2 of said chapter 194 is hereby further amended by inserting after item 8910-0108 the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 8910-0110 `tc4 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of the former Hampshire county ? `tc6 $6,886,636. `tcol;end

SECTION 13. Section 323 of said chapter 194 is hereby amended by striking out the tenth sentence and inserting in place thereof the following sentence:- The human resources division may expend an amount collected for all agencies under this section not to exceed $46,109,392 for hospital physician, benefits and other costs, including administrative and personnel costs, without further appropriation.

SECTION 14. Section 2A of chapter 297 of the acts of 1998 is hereby amended by striking out item number "0810-0401" and inserting in place thereof the following item number:- 0810-0411.

SECTION 15. Item 1599-3871 of section 2A of chapter 299 of the acts of 1998 is hereby amended by adding the following words:- ; provided, that this appropriation shall expire on June 30, 2001.

SECTION 16. Item 1599-3877 of said section 2A of said chapter 299 is hereby amended by adding the following words:- ; and provided, further, that $70,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations for fiscal year 2000 pursuant to the provisions of said subsection A of section 3 of Article 30, and shall not expire until June 30, 2000.

SECTION 17. Item 1599-7009 of said section 2A of said chapter 299 is hereby amended by adding the following words:- ; and provided, further, that $64,000 of the sum appropriated herein shall be made available to meet the commonwealth's obligations pursuant to the provisions of subsection A of section 3 of Article 20 of said agreement, and shall not expire until June 30, 2000.

SECTION 18. Section 2A of chapter 319 of the acts of 1998 is hereby amended by striking out item number "7066-0002" and inserting in place thereof the following item number:- 7066-0012.

SECTION 19. Section 2A of chapter 399 of the acts of 1998 is hereby amended by striking out item number "0320-0002" and inserting in place thereof the following item number:- 0320-0007.

SECTION 20. Said section 2A of said chapter 399 is hereby further amended by striking out item number "0322-0002" and inserting in place thereof the following item number:- 0322-0007.

SECTION 21. Item 1599-3885 of said section 2A of said chapter 399 is hereby amended by striking out the words "June 30, 2000" and inserting in place thereof the following words:- June 30, 2001.

SECTION 22. Section 2A of chapter 482 of the acts of 1998 is hereby amended by striking out item number "1599-3880" and inserting in place thereof the following item number:- 1599-3899.

SECTION 23. The state treasurer shall transfer the sum of $1,209,922 from revenues credited to the Local Aid Fund in fiscal year 1999 to the Water Pollution Abatement Revolving Fund in the state match for federal capitalization grants received under Title VI of the federal Clean Water Act, for application pursuant to the provisions of chapter 29C of the General Laws by the water pollution abatement trust to the purposes specified in said chapter 29C.

SECTION 24. Notwithstanding the provisions of any general or special law to the contrary, any debt service on bonds or notes issued pursuant to the provisions of chapter 191, chapter 454 or chapter 455 of the acts of 1998 to finance that portion of the unfunded pension liability, so-called, of the cities of Worcester, Holyoke, and Everett applicable to school department personnel who are members of the respective city's retirement system shall be included in the computation of net school spending for the purposes of chapter 70 of the General Laws.

SECTION 25. Notwithstanding the provisions of any general or special law to the contrary, the comptroller, at the request of the superintendent of state office buildings, is hereby authorized to transfer an amount not to exceed $190,000 from item 1102-3302 of section 2 of chapter 194 of the acts of 1998 to item 1102-3301 of said section 2 of said chapter 194.

SECTION 26. Notwithstanding the provisions of any general or special law to the contrary, the metropolitan district commission is hereby authorized to establish an expendable trust for the purpose of receiving revenues and reimbursements from the town of Holden and the town of West Boylston pursuant to a Memorandum of Understanding among said commission, the Massachusetts Water Resources Authority, the water pollution abatement trust, the department of environmental protection, the town of Holden, and the town of West Boylston for the financing of sewer construction associated with protection of the Wachusett reservoir watershed. Amounts credited to the expendable trust shall be available for expenditure, without further appropriation, by the commission for all costs associated with the Wachusett reservoir project, so-called, pursuant to the provisions of chapter 15 of the acts of 1996.

SECTION 27. Notwithstanding the provisions of any general or special law to the contrary, the department of environmental protection shall amend the 1998 Intended Use Plan, so-called, to include any project appearing on the 1998 priority list for which a prior approval letter was issued on or before March 29, 1999.

SECTION 28. The provisions of section 26 of this act shall expire on June 30, 2003.

Approved June 3, 1999.