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  • Acts
  • 2001
  • Chapter 3 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2001 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 certain supplemental appropriations forthwith for the fiscal year ending June 30, 2001, and to enact forthwith certain general and special laws, 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 2001, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in said appropriation acts, for the several purposes and subject to the conditions specified in this act 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, 2001, provided that said sums shall be in addition to any amounts previously appropriated and made available for the purposes of said items.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Department of Veterans' Services.

1410-0300 .................................................................................................................. $1,717,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Department of Transitional Assistance.

4403-2002 .................................................................................................................. $2,000,000

4403-2120 .................................................................................................................. $1,269,602

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 in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2001, provided that 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.
Office of the Secretary of Administration and Finance.

1599-9957
For a reserve to meet the fiscal year 2001 costs associated with snow and ice control efforts; provided, that the secretary of administration and finance may transfer from the sum appropriated in this item, to other items of appropriation and allocations of the department of highways, such amounts as are necessary for fiscal year 2001 snow and ice control expenses, which shall include the cost associated with hiring and leasing equipment related to snow and ice control, the cost of sand, salt and other chemicals necessary for snow and ice control, the cost of vehicle repair of snow and ice control equipment, and the overtime expense associated with snow and ice control efforts; and provided further, that no funds appropriated herein shall be transferred to an agency until the secretary overseeing that agency has submitted a report to the secretary of administration and finance and the house and senate committees on ways and means detailing fiscal year 2001 snow and ice expenses to date, projected further expenses, and estimates of incurrence run out and actual appropriation run-out dates of snow and ice-related appropriations .........................................$30,847,560

Highway Fund ............................... 100.0%

{SECTION 3 was returned by the Governor with recommendation of amendment see House, No. 4032}

SECTION 3.
(a) Subsection (e) of section 6 of chapter 70B of the General Laws, as appearing in section 140 of chapter 159 of the acts of 2000, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Indebtedness incurred under this chapter shall be in excess of the statutory limit, but shall, except as herein provided, otherwise be subject to the applicable provisions of chapter 44.

(b) Section 13 of said chapter 70B, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words "pursuant to the provisions of chapter 645 of the acts of 1948 or this chapter".

(c) Notwithstanding chapter 70B of the General Laws or any other general or special law to the contrary, (i) cities and towns that received approval from the board of education for a school construction grant for a capital school construction project in accordance with the provisions of chapter 645 of the acts of 1948 before the effective date of section 295 of chapter 159 of the acts of 2000, and cities and towns with capital school construction grants for which the board has directed the treasurer to disburse school construction grants in accordance with section 329 of said chapter 159 of the acts of 2000 may borrow for said approved school project under subsection (e) of section 6 of chapter 70B; (ii) the reference to chapter 645 of the acts of 1948 in section 19 of chapter 44 of the General Laws and any reference to said chapter 645 in any vote of a city, town or regional school district authorizing borrowing for a capital school construction project shall also be deemed to refer to said chapter 70B as the successor statute to said chapter 645; (iii) any school construction project for which the board of education has directed the treasurer to disburse school construction grants in accordance with said section 329 of said chapter 159 shall be deemed to have been approved by the board for purposes of section 13 of said chapter 70B as of the date of the vote of the board pursuant to which such direction was made; and (iv) any debt for an approved school project approved under chapter 645 of the acts of 1948 or under said section 329 of said chapter 159 that was incurred by a city or town for such project after the date of such approval but before the effective date of this act is hereby validated, approved and confirmed in all respects and shall be in excess of the statutory debt limit imposed by section 10 of chapter 44 of the General Laws.

(d) Notwithstanding any general or special law to the contrary, if the town of Pembroke withdraws from the Silver Lake Regional School District, the town and the district shall be eligible for the reimbursement percentage rate from the commonwealth for any school building projects resulting from the withdrawal of the town from the district at the reimbursement percentage rate that was in effect before the effective date of chapter 159 of the acts of 2000 as set forth in chapter 645 of the acts of 1948; provided, that the town and the district shall not be so eligible for the reimbursement percentage rate if the withdrawal of the town is so approved after June 30, 2001. The reimbursement percentage rate shall not remain in effect for any school building projects approved by the department of education pursuant to chapter 70B of the General Laws after January 1, 2005 or for any school buildings which are unrelated to the withdrawal of Pembroke from said district if approved by said department before said date. This section shall not preclude the town or the district from separately opting out of this section.

The district may sell and convey any or all interests in the 2 school buildings owned by the district in the town of Pembroke to the town upon its withdrawal from the district in accordance with the Silver Lake regional school district agreement. The town shall be eligible for the reimbursement percentage rate in effect before the effective date of said chapter 159 for the costs of the purchase and conveyance at a price not to exceed their appraised value as determined by an independent appraisal, which shall be subject to the review and approval of the inspector general, less any amounts the town receives from the sale of its interest in any other regional school district buildings. The review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner of education, the house and senate committees on ways and means and the joint committee on state administration.

The town and the district shall each be eligible for the reimbursement percentage rate in effect before the effective date of said chapter 159 for any renovation or construction costs incurred to provide educationally sound facilities for students in the new Pembroke school system or remaining in the regional school district comprised of Halifax, Kingston, and Plympton. The district shall use the monies paid by the town to the district for the purchase of the 2 school buildings for the costs of the renovation and construction. The district's expenditure of the monies for such purposes shall not be eligible for reimbursement from the commonwealth pursuant to said chapter 70B. Except for the reimbursement percentage as provided in section 10 of said chapter 70B, all other provisions of said chapter 70B shall apply to the application of said town and district for school building assistance from the commonwealth.

(e) Notwithstanding any general or special law to the contrary, the total reimbursement for cities, towns and regional school districts for school building projects under section 329 of chapter 159 of the acts of 2000 and school building projects authorized to receive first payments in fiscal year 2001, shall be the final approved project cost, as determined by the board of education, multiplied by either the reimbursement rate in effect before the effective date of said section, as set forth in chapter 645 of the acts of 1948, or, at the option of the city, town or regional school district, the rate applicable for the city, town, or regional school district pursuant to section 10 of chapter 70B of the General Laws, before the addition of any incentive percentage points. An election of the reimbursement rate applicable under said section 10 of said chapter 70B shall not apply to payments made in fiscal years before fiscal year 2002.

{SECTION 4 was returned by the Governor with his disapproval see House, No. 4030}

SECTION 4.
The state auditor shall prepare a report on the expenditure of funds from items 2440-2000, 6030-7201, 6030-7211, and 6030-7221 for the removal of snow and ice. The report shall include, but not be limited to, an analysis of the following: (a) the adequacy of current controls on the expenditure of such funds; (b) the appropriateness of departmental standards for the activation of contractors; (c) measures taken to prevent fraud and abuse in the program; and (d) measures taken to control overtime compensation costs.

SECTION 5. The high-rise superior courthouse at 40 Thorndike Street in the city of Cambridge shall be designated and known as the Edward J. Sullivan Courthouse.

Approved March 9, 2001.