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  • Acts
  • 2000
  • Chapter 82 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2000 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 supplement certain appropriations for the fiscal year ending June 30, 2000 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 2000, the sums set forth in section 2 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, 2000. Said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

JUDICIARY.

Board of Bar Examiners.

0321-0100 ............................................$62,216

Trial Court.

0330-0101 ............................................$551,438
0330-0102 ............................................$190,000
0330-0103 ............................................$87,498
0330-0106 ............................................$136,000
0330-0107 ............................................$272,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Department of Veterans' Services.

1410-0400 ............................................$682,280

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Department of Environmental Management.

2100-2030 ............................................$350,000

2100-3010 ............................................$515,933

2300-0106 ............................................$66,000

Department of Fisheries, Wildlife and Environmental Law Enforcement.

2350-0100 ............................................$534,408

Metropolita District Commission

2440-2000 ............................................$400,000

2440-5000 ............................................$273,344

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0700 ............................................$9,000,000

Department of Transitional Assistance.

4403-2002 ............................................$1,168,650

Department of Public Health.

4510-0103 ............................................$295,279

4510-0105 ............................................$183,265

4590-0908 ... ........................................$568,714

Department of Social Services.

4800-0041 ............................................$15,000,000

Department of Mental Health.

5095-0015 ............................................$409,226

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6010-0001 ............................................$990,578

6030-7201 ............................................$17,059,179

6030-7221 .............................................$7,309,733

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary.

8000-0040 ...........................................$457,888

State Police.

8100-0007 ............................................$1,894,371

County Corrections.

8910-0000 ............................................$3,000,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, to provide for certain other activities and projects 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, 2000. Said sums 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.

1599-3845
For a reserve to meet the costs of rent and other expenses related to the relocation of state agencies required in order to renovate the Leverett Saltonstall state office building; provided, that the secretary of administration and finance may transfer funds appropriated herein to other items of appropriation and allocations thereof for such purpose ......................$2,550,000
1599-3945
For a reserve to meet the fiscal year 2000 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO (Unit 2), and to meet the fiscal year 2000 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions, so-called 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 adjustments and benefits for such confidential employees in accordance with the provisions of the collective bargaining agreement then in effect which otherwise would cover such 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 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 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 .......................................$6,151,000

Collective Bargaining Reserve Fund ........100.0%

1599-3947
For a reserve to meet the commonwealth's obligations for fiscal years 2000 to 2003, inclusive, pursuant to section 1 of article 11 of the collective bargaining agreement between the commonwealth and the Alliance, AFSCME/SEIU, AFL-CIO (Unit 2) regarding a parking reimbursement pilot program, section 10 of article 19 of said agreement regarding a training and career ladders program, section 1 of article 21 of said agreement regarding reimbursement of certain legal fees, section 15 of article 23A of said agreement regarding an alternative dispute resolution program, section 10 of article 25 of said agreement regarding a labor-management committee, and article 28 of said agreement regarding medical and physical fitness standards; provided, that the secretary of administration and finance may allocate during said fiscal years 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, 2003 ............................$2,197,000
1599-3952
For a reserve to meet the fiscal year 2000 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and Local 1067 of Council 93 of the American Federation of State, County and Municipal Employees, AFL-CIO, and to meet the fiscal year costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in "confidential" positions, so-called, which otherwise would be covered by said agreement; provided, that $136,499 shall be expended for health and welfare costs in accordance with section 2 of article 18 of said agreement; provided further, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine such adjustments and benefits for confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover such 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 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 ..............................$3,330,000

Collective Bargaining Reserve Fund ......100.0%

1599-3953
For a reserve to meet the commonwealth's obligations for fiscal years 2000 and 2001 pursuant to section 3 of article 25 of the collective bargaining agreement between the board of higher education and Local 1067 of Council 93 of the American Federation of State, County and Municipal Employees, AFL-CIO, regarding an in-service training program, section 2 of article 29 of said agreement regarding a mediation and dispute resolution process and section 6 of article 33 of said agreement regarding HR/CMS related training; provided, that the secretary of administration and finance may allocate or transfer during said fiscal years from the sum appropriated herein to other items of appropriation and allocations thereof for said fiscal years such amounts as are necessary to meet the cost of such obligations where the amounts otherwise available are insufficient for the purpose; provided further, that such transfers shall be 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 this appropriation shall expire on June 10, 2001 ................................$375,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of State Police.

8100-0063
For the training and related costs of a state police class of 160 recruits and to provide for partial costs relating to the salaries of state troopers graduating from said class ...................$2,738,474

Highway Fund ......88.2%

General Fund ......11.8%

Massachusetts Emergency Management Agency.

8800-0034
For the outstanding costs of payments and reimbursements to local governments, state agencies, authorities and commissions for assistance as a result of the Presidential Declaration occasioned by the natural disaster of flooding beginning October 20, 1996; provided, that such assistance shall be 12.5 per cent of the total assistance determined as eligible by the Federal Emergency Management Agency, as documented in damage survey reports, so-called, to be distributed according to a schedule of disbursements prepared by the Massachusetts emergency management agency ....................$2,048,905
8800-0061
For the costs of payments and reimbursements to local governments, state agencies, authorities and commissions for assistance as a result of the Presidential Declaration occasioned by the natural disaster of fire in the city of Worcester beginning December 3, 1999; provided, that such assistance shall be 25 per cent of the total assistance determined as eligible by the Federal Emergency Management Agency, as documented in damage survey reports, so-called, to be distributed according to a schedule of disbursements prepared by the Massachusetts emergency management agency ..............................$1,000,000

SECTION 3. Section 2 of chapter 127 of the acts of 1999 is hereby amended by striking out item 2350-0104 and inserting in place thereof the following item:-

2350-0104
For environmental police private details, so-called; provided, that the division may expend revenues of up to $176,000 collected from fees charged for private details ...................$176,000

SECTION 4. Said section 2 of said chapter 127 is hereby further amended by striking out item 4190-0102 and inserting in place thereof the following item:-

4190-0102
The Soldiers' Home in Holyoke may expend for the outpatient pharmacy program an amount not to exceed $99,000 from co-payments charged to users of said program; provided, that the rates of the co-payments and the procedures for the administration thereof shall annually be determined by the superintendent of said Soldiers' Home and approved by the secretary of health and human services; and provided further, that notwithstanding any general or special law to the contrary and for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, said Soldiers' Home 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 .....................$99,000

SECTION 5. Said chapter 127 is hereby further amended by striking out section 263 and inserting in place thereof the following section:-

Section 263. Notwithstanding any general or special law to the contrary, the Massachusetts Maritime Academy may borrow up to $3,000,000 through the Massachusetts Health and Educational Facilities Authority for the purposes of funding capital construction and renovation costs associated with the construction of an addition to said Academy's Storer Building, so-called.

SECTION 6. Said chapter 127 is hereby further amended by striking out section 269 and inserting in place thereof the following section:-

Section 269. Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance shall seek not less than $15,000,000 in federal financial participation for not less than $30,000,000 in health expenditures incurred in fiscal years 1996, 1997 to 1998, 1999 and 2000, inclusive, on psychiatric and other health services provided to incarcerated individuals in correctional facilities operated by the department of correction. Upon receipt of federal financial participation, said division may transfer the federal financial participation from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund to the University of Massachusetts medical school. The transfer shall be made in accordance with the terms of an interagency agreement between said department, said medical school and said division.

The interagency agreement shall provide for said medical school to arrange for the delivery of psychiatric and other health services to persons incarcerated in correctional facilities operated by said department. Upon receipt of said federal financial participation, the comptroller shall credit $5,000,000 to the general fund and the remaining federal financial participation to said intergovernmental transfer account for purposes of financing the fiscal year 2000 transfer authorized herein. Programs funded pursuant to this section shall not create recurring liabilities to the commonwealth in future fiscal years.

SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, funds appropriated in item 4000-0700 of section 2 of this act shall be expended exclusively for Medicare Cross-over Claims pursuant to section 267 of chapter 127 of the acts of 1999 but the division of medical assistance shall not make expenditures from said item that are not federally reimbursable.

SECTION 8. Notwithstanding any general or special law to the contrary, the division of medical assistance may, during fiscal year 2000, including the accounts payable period for said fiscal year, expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $227,000,000 for a program of MassHealth supplemental payments, so-called, to certain publicly-operated entities providing Title XIX reimbursable services directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers as established in accordance with Title XIX of the Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law, and the Medicaid plan. Such funds shall be expended only for payment obligations arising during fiscal year 2000. Such expenditures shall reduce payments from the uncompensated care pool, established pursuant to section 18 of chapter 118G of the General Laws, to such entities by an amount comparable to the net revenues received by such entities under this section. Said division shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement. All expenditures made pursuant to this section shall be reported quarterly to the house and senate committees on ways and means. Amounts so authorized for expenditure shall be funded in part through intergovernmental transfers to the commonwealth or municipal or other nonfederal public funds. The Boston public health commission and the Cambridge public health commission shall transfer to said medical assistance intergovernmental transfer account not less than one-half of the gross amounts of supplemental payments, so-called, made by the division under managed care contracts with said commissions.

SECTION 9. The comptroller shall transfer $3,725,529 from revenues credited to the Local Aid Fund in fiscal year 2000 to the Water Pollution Abatement Revolving Fund for the purposes of the commonwealth's match to 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 for the purposes specified in said chapter 29C.

Approved May 5, 2000.