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  • Acts
  • 2002
  • Chapter 118 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2002 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

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 2002, 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 laws regulating the disbursement of public funds for the fiscal year ending June 30, 2002. The sums in said section 2 shall be in addition to any amounts previously appropriated and made available for the purposes of the items.

SECTION 2.

JUDICIARY.

Committee for Public Counsel Services.

0321-1510 ............................................................................................................................... $1,500,000

0321-1512 ............................................................................................................................... $3,125,000

0321-1520 ............................................................................................................................... $3,323,832

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Bureau of State Office Buildings.

1102-3302 ............................................................................................................................... $120,000

Group Insurance Commission.

1108-5200 ............................................................................................................................... $10,000,000

Department of Revenue.

1201-0100 ............................................................................................................................... $1,000,000

Office of the Secretary of Administration and Finance.

1599-0009 ............................................................................................................................... $6,790,000

Human Resources Division.

1750-0300 ............................................................................................................................... $1,380,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.

Metropolitan District Commission.

2410-1600............................................................................................................................... $635,000

2440-2000 ............................................................................................................................... $232,198

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Division of Medical Assistance.

4000-0430 ............................................................................................................................... $7,800,000

4000-0500 ............................................................................................................................... $63,780,000

4000-0600 ............................................................................................................................... $125,320,000

4000-0700 ............................................................................................................................... $44,090,000

4000-0860 ............................................................................................................................... $29,730,000

4000-0870 ............................................................................................................................... $26,690,000

Department of Transitional Assistance.

4408-1000 ............................................................................................................................... $6,581,411

Department of Social Services.

4800-1100 ............................................................................................................................... $2,588,128

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Office of the Secretary of Transportation and Construction.

6005-0015............................................................................................................................... $7,085,634

Department of Highways.

6030-7201 ............................................................................................................................... $2,218,314

6030-7221............................................................................................................................... $9,212,704

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Office of the Secretary of Public Safety.

8000-0040 ............................................................................................................................... $36,434

8910-0000 ............................................................................................................................... $7,500,000

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 laws regulating the disbursement of public funds for the fiscal year ending June 30, 2002. The sums appropriated in this section shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

OFFICE OF THE COMPTROLLER.

1599-3395 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 2002 or a prior fiscal year; provided, that not less than $54,652 shall be expended for court judgments, settlements and legal fees associated with Nancy Abbott v. CMS, et al. (C.A. No. 99-2240); provided further, that not less than $5,000 shall be expended for court judgments, settlements and legal fees associated with Brenda Nelson v. Commonwealth (C.A No. 99-2104H); provided further, that not less than $32,500 shall be expended for court judgments, settlements and legal fees associated with William Lewicki v. Office of Sheriff of Hampden County (MCAD No. 99-SEM-0021); provided further, that not less than $10,000 shall be expended for court judgments, settlements and legal fees associated with John D. Wawrzyniak v. P.F. Baker (C.A. No. 00CV-12296 MLW); provided further, that not less than $10,000 shall be expended for court judgments, settlements and legal fees associated with Iheanyi D. Okoroafor v. Commonwealth (MCAD No. 00-23-0576); provided further, that not less than $3,070 shall be expended for court judgments, settlements and legal fees associated with Brian Landry v. Harnett (C.A. 00-454-C); provided further, that not less than $30,802 shall be expended for court judgments, settlements and legal fees associated with Timothy M. Burke for defense indemnification; provided further, that not less than $16,769 shall be expended for court judgments, settlements and legal fees associated with John M. Gouveia (EEOC v. Commonwealth), (C.A. No. 99cv11233RGS); provided further, that not less than $65,581 shall be expended for court judgments, settlements and legal fees associated with Woodrow Dunham (EEOC v. Commonwealth), (C.A. No. 99cv11233RGS); provided further, that not less than $15,469 shall be expended for court judgments, settlements and legal fees associated with Boston Check Cashiers v. Commonwealth (C.A. No. 01-1529); provided further, that not less than $35,000 shall be expended for court judgments, settlements and legal fees associated with Kathleen McCarthy v. DMH (MCAD No. 01-BEM-10277); provided further, that not less than $420,000 shall be expended for court judgments, settlements and legal fees associated with Lorillard Tobacco Co., et al (C.A. No. 11118-WGY); provided further, that not less than $300,000 shall be expended for court judgments, settlements and legal fees associated with Cons Cigar Corp., et al (C.A. No. 11118-WGY); provided further, that not less than $19,250 shall be expended for court judgments, settlements and legal fees associated with Proulx, Mary; Jacobsen, Mary; Farrell, Margaret v. DMA (99-420 & 769, 00-120); provided further, that not less than $171,427 shall be expended for court judgments, settlements and legal fees associated with NAGE & Commonwealth v. OSD (SUF-4288) provided further, that not less than $15,000 shall be expended for court judgments, settlements and legal fees associated with H. Christopher Corliss v. DMR (C.A. No. 00-2875-B); provided further, that not less than $477 shall be expended for court judgments, settlements and legal fees associated with Kopelman & Paige for defense indemnification; provided further, that not less than $40,829 shall be expended for court judgments, settlements and legal fees associated with Timothy M. Burke for defense indemnification; provided further, that not less than $60,000 shall be expended for court judgments, settlements and legal fees associated with Meagher, Francis P. v. SDE (C.A. 00-0441B); provided further, that not less than $22,500 shall be expended for court judgments, settlements and legal fees associated with Dorothy Roccanti & Commonwealth v. HLY (C.A. No. 01-459); provided further, that not less than $28,000 shall be expended for court judgments, settlements and legal fees associated with Barrus, Robert & Elaine (C.A. No. 99-02354); and provided further, that not less than $10,000 shall be expended for court judgments, settlements and legal fees associated with Lastih v. County of Essex (C.A. No. 99-2349)........... $1,366,326

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary of Administration and Finance.

1599-2033 For public safety costs associated with, but not limited to, the commonwealth's response to the terrorist attacks of September 11, 2001; provided, that departments expending funds transferred from this item shall maximize federal reimbursement available for that purpose; provided further, that the secretary of administration and finance may transfer from the sum appropriated in this item of appropriation and allocations thereof for fiscal year 2002 such amounts as are necessary to meet those costs where the amounts otherwise available are insufficient for the purpose; and provided further, that the secretary of administration and finance shall notify the house and senate committees on ways and means of approved expenditures ....................................................................................... $5,600,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Department of Transitional Assistance.

4405-2010 For the payment of prior fiscal years' expenses for special grants to 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 177 of the acts of 2002 ........................................................ $675,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2002, 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 in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in said appropriation acts and subject to laws regulating the disbursement of public funds for the fiscal year ending June 30, 2002. The sums authorized in this section shall be in addition to any amounts previously authorized and made available for the purposes of these items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Bureau of State Office Buildings.

1102-3336 ............................................................................................................................... $700,000

Human Resources Division.

1750-0105 ............................................................................................................................... $4,025,000

Information Technology Division.

1790-0200 ............................................................................................................................... $3,300,000

SECTION 2C.I. For the purpose of making available in fiscal year 2003 balances of appropriations which otherwise would revert on June 30, 2002, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item and the unexpended balance of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2003; provided, however, that for items which do not appear in said section 2 of said general appropriation act, 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; provided further, that the comptroller shall transfer balances in accounts which do not appear in said general appropriation act to other accounts within the department as requested by said department. Amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said general appropriation act; provided, however, that for items which do not appear in said section 2 of said general appropriation act, the amounts in this section are re-appropriated from the funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated in this section shall be in addition to any amounts available for their purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Department of Revenue.

1201-0100 ............................................................................................................................... $1,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY.

Department of Correction.

8900-0001............................................................................................................................... $180,000

8900-0022 ............................................................................................................................... $1,000,000

SECTION 3. Section 2PP of chapter 29 of the General Laws is hereby repealed.

SECTION 4. Section 22C of chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 52, the word "eighteen" and inserting in place thereof the following figure:- 23.

SECTION 5. The last paragraph of subsection (1) of said section 22C of said chapter 32, inserted by section 17 of chapter 177 of the acts of 2001, is hereby amended by striking out the words "$912,373,000 in fiscal year 2002, $926,087,000 in fiscal year 2003 and $940,486,000" and inserting in place thereof the following words:- $778,408,000 in fiscal year 2002, $796,758,000 in fiscal year 2003 and $832,335,000.

SECTION 6. Clause (1) of section 10 of chapter 119A of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The IV-D agency shall transfer to the General Fund the state share of amounts collected pursuant to Title IV, Part D of the Social Security Act.

SECTION 7. Clause (b) of section 357 of chapter 159 of the acts of 2000, as appearing in chapter 182 of the acts of 2001, is hereby amended by striking out, in line 12, the figure "$35,000,000" and inserting in place thereof the following figure:- $28,000,000.

SECTION 8. Said clause (b) of said section 357 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 18, the figure "2002,".

SECTION 9. Said clause (b) of said section 357 of said chapter 159, as so appearing, is hereby further amended by striking out, in line 22, the words "on an annual basis" and inserting in place thereof the following words:- in fiscal years 2003, 2004 and 2005.

SECTION 10. Item 0612-1010 of section 2 of chapter 177 of the acts of 2001 is hereby amended by striking out, in line 5, the words "the 18 year" and inserting in place thereof the following words:- a 23-year.

SECTION 11. Said item 0612-1010 of said section 2 of said chapter 177 is hereby further amended by striking out the figure "$912,373,000" and inserting in place thereof the following figure:- $778,408,000.

SECTION 12. Said section 2 of said chapter 177 is hereby further amended by striking out item 2350-0104 and inserting in place thereof the following item:-

2350-0104 For the department of fisheries, wildlife and environmental law enforcement; provided, that not more than $250,000 shall be expended from fees charged for private details for the purpose of providing environmental law enforcement private details ? `tc6 $250,000

SECTION 13. Item 8100-0006 of said section 2 of said chapter 177 is hereby amended by striking out the figure "$12,150,000", and inserting in place thereof, in each instance, the following figure:- $14,500,000.

SECTION 14. Notwithstanding any general or special law to the contrary and not later than 10 days after the effective date of this act, the comptroller shall transfer $200,000,000 from the Commonwealth Stabilization Fund to the General Fund.

SECTION 15. Notwithstanding any general or special law to the contrary and not later than 10 days after the effective date of this act, the comptroller shall transfer $60,000,000 from the Health Care Security Trust Fund to the General Fund to cover a portion of the expenses from the appropriation in item 4000-0600 of section 2.

SECTION 16. Notwithstanding any general or special law to the contrary and not later than 10 days after the effective date of this act, the comptroller shall transfer $35,000,000 from the Medical Security Trust Fund to the General Fund to cover a portion of the appropriation in item 4000-0700 of section 2.

SECTION 17. Notwithstanding any general or special law to the contrary, the comptroller may revise the percentages established in the Transitional Aid to Needy Families Fund fund split, contained within an item of appropriation in fiscal year 2002 in order to maximize federal reimbursement and to meet federal maintenance of effort requirements consistent with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and chapter 5 of the acts of 1995. The percentages shall be based upon certification to the comptroller by the department of transitional assistance that they reflect the appropriate distribution of actual expenditures necessary to achieve the purposes. The percentages shall be subject to the prior approval of the secretary of administration and finance. The comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance any changes made to the fund splits in relation to this section within 10 days of the changes. Within 60 days of the end of the fiscal year, the comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance on the final fund split for each item of appropriation with a Transitional Aid to Needy Families Fund fund split and the final spending corresponding to each fund split.

SECTION 18. Notwithstanding any general or special law to the contrary, the comptroller may revise the percentages established in the Child Care Fund fund split contained within an item of appropriation in fiscal year 2002 in order to maximize federal reimbursement and to meet federal maintenance of effort requirements. The percentages shall be based upon certification to the comptroller by the office of child care services that they reflect the appropriate distribution of actual expenditures necessary to achieve the purposes. The percentages shall be subject to the prior approval of the secretary of administration and finance. The comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance any changes made to the fund splits in relation to this section within 10 days of the changes. Within 60 days of the end of the fiscal year, the comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance on the final fund split for each item of appropriation with a Child Care Fund fund split and the final spending corresponding to each fund split.

SECTION 19. Notwithstanding any general or special law to the contrary, the commissioner of social services may transfer funds between items 4800-0018, 4800-0031 and 4800-0041 of section 2 of chapter 177 of the acts of 2001. The commissioner shall report the value and items of appropriation involved in any such transfer to the house and senate committees on ways and means and the secretary of administration and finance within 10 days of making any such transfer.

SECTION 20. Notwithstanding any general or special law to the contrary, the comptroller may revise the percentages established in the Social Services Fund fund split contained within an item of appropriation in fiscal year 2002 in order to maximize federal reimbursement and to meet federal maintenance of effort requirements. The percentages shall be based upon certification to the comptroller by the department of social services that they reflect the appropriate distribution of actual expenditures necessary to achieve the purposes. The percentages shall be subject to the prior approval of the secretary of administration and finance. The comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance any changes made to the fund splits in relation to this section within 10 days of the changes. Within 60 days of the end of the fiscal year, the comptroller shall report to the house and senate committees on ways and means and the secretary of administration and finance on the final fund split for each item of appropriation with a Social Services Fund fund split and the final spending corresponding to each fund split.

SECTION 21. Notwithstanding any general or special law to the contrary, the comptroller shall expend $56,000,000 from the Caseload Increase Mitigation Fund for expenditures in item 4403-2000 of section 2 of chapter 177 of the acts of 2001 that would otherwise be expended from the General Fund as a result of the fund split on the appropriation.

SECTION 22. Notwithstanding any general or special law to the contrary, the disbursements authorized by clauses (b), (c) and (d) of section 357 of chapter 159 of the acts of 2000 shall not be made during fiscal year 2002, except for the funds disbursed pursuant to clause (b) prior to the effective date of this act.

SECTION 23. Notwithstanding any general or special law to the contrary, the comptroller shall transfer $23,000,000 from the Capital Needs Investment Trust Fund to the General Fund.

SECTION 24. Notwithstanding section 5C of chapter 29 of the General Laws or any other general or special law to the contrary, as of June 30, 2002, the comptroller shall, at the direction of the secretary of administration and finance, transfer to the General Fund not less than $13,195,845 from the balance remaining from transfers made in accordance with clause (d) of said section 5C of said chapter 29.

SECTION 25. Notwithstanding any general or special law to the contrary, the comptroller shall transfer $3,073,638 from the Capital Investment Trust Fund, established in section 107 of chapter 88 of the acts of 1997, to the General Fund, effective June 30, 2002.

SECTION 26. Notwithstanding any general or special law to the contrary, the comptroller shall transfer $98,730,517 from the Capital Improvement and Investment Trust Fund, established in section 19 of chapter 289 of the acts of 1998, to the General Fund, effective June 30, 2002.

SECTION 27. The balance remaining in the Voting Equipment Loan Fund on the effective date of this act shall be transferred by the comptroller to the General Fund. Nothing in this section shall alter or affect a municipality's repayment obligations under section 30 of chapter 9 of the General Laws.

SECTION 28. This act shall take effect upon its passage.

Approved May 17, 2002.