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Session Law

2003

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Chapter 41 AN ACT RELATIVE TO THE FUNCTIONS OF CERTAIN STATE AGENCIES.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is relative to the functions of certain state agencies, 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. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following functions of state government from the transferor agency to the transferee agency, defined as follows:

(1) the functions of the department of food and agriculture, as the transferor agency, to the department of agricultural resources, as the transferee agency;

(2) the functions of the metropolitan district commission, as the transferor agency, to the division of urban parks and recreation in the department of conservation and recreation, as the transferee agency;

(3) the functions of the department of environmental management, as the transferor agency, to the department of conservation and recreation, as the transferee agency;

(4) the functions of the division of environmental law enforcement in the department of fisheries, wildlife and environmental law enforcement, as the transferor agency, to the office of environmental law enforcement in the executive office of environmental affairs, as the transferee agency;

(5) the functions of the division of forests and parks in the department of environmental management, as the transferor agency, to the division of state parks and recreation in the department of conservation and recreation, as the transferee agency;

(6) the functions of the department of fisheries, wildlife and environmental law enforcement, as the transferor agency, to the department of fish and game, as the transferee agency;

(7) the functions of the division of watershed management in the metropolitan district commission, as the transferor agency, to the division of water supply protection, as the transferee agency;

(8) the functions of the division of water resources in the department of environmental management, as the transferor agency, to the division of water supply protection, as the transferee agency;

(9) the functions of the office of administrative appeals in the department of environmental protection, as the transferor agency, to the office of administrative appeals in the executive office of environmental affairs, as the transferee agency;

(10) the functions of the division of employment and training, as transferor agency, to the division of workforce development, excluding the oversight of the unemployment insurance fund and the medical security trust fund;

(11) the functions of the division of medical assistance pursuant to section 352 of chapter 26 of the acts of 2003, as the transferor agency, to the office of elder services, as the transferee agency; and

(12) the functions of the division of health care finance and policy pursuant to chapter 348 of chapter 26 of the acts of 2003, as the transferor agency, to the executive office of health and human services.

(b) Subject to appropriation, the employees of each transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without interruption of service within the meaning of said section 9A of said chapter 31, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension discharge layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the respective transferee agency.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the respective transferee agency.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the respective transferee agency.

(f) All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.

SECTION 2. This act shall take effect as of July 1, 2003.

Approved July 24, 2003.

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