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Session Law

2005

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Chapter 106 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2005 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 make appropriations for the fiscal year beginning July 1, 2004, and to make certain changes in law, 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 2005, 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, 2005. The sums in said section 2 shall be i n addition to any amounts previously appropriated and made available for the purposes of those items; provided, that all sums appropriated in said section 2 shall not revert and shall be available for expenditure until June 30, 2006.

SECTION 2.

JUDICIARY
Committee for Public Counsel Services.

0321-1520 ................................................................................................. $1,000,000

DISTRICT ATTORNEYS
District Attorneys' Association.

0340-2101 .................................................................................................... $308,628

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Bureau of State Office Buildings.

1102-3302 ...................................................................................................... $195,835

Department of Revenue.

1201-0111 ...................................................................................................... $250,000

Reserves.

1599-3384 .................................................................................................... $3,000,000

Division of Human Resources.

1750-0300 .........................................................................................................$525,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance

4405-2000 ..........................................................................................................$785,055

Department of Public Health.

4590-0915 ....................................................................................................... $1,003,000

Department of Mental Retardation

5920-2010 ............................................................................................................$388,908

5930-1000 ............................................................................................................$478,247

EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of Correction

8900-0001 ..........................................................................................................$6,297,616

Sheriffs

8910-0110 ............................................................................................................. $225,000

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, 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, 2005. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items; provided, however, that all sums appropriated in this section shall not revert and shall be available for expenditure until June 30, 2006.

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE
Office of the Secretary for Administration and Finance.

1599-4052
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the National Association of Government Employees, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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 ................................................................................... $29,003,056

1599-4053
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the International Brotherhood of Correctional Officers, National Association of Government Employees, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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.......................................... $496,012

1599-4054
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Massachusetts Organization of State Engineers and Scientists, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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 .............................................................................................. $4,925,256

1599-4056
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Essex county sheriff's department and the Essex County Correctional Officers Association, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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..................................................................................... $912,979

1599-4057
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Essex county sheriff's department and the International Brotherhood of Correctional Officers, Local R1-27, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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..................................................................................... $287,776

1599-4058
For a reserve to meet the fiscal year 2005 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Essex county sheriff's department and the International Brotherhood of Correctional Officers, Local R1-71, and to meet the fiscal year 2005 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 such amounts as are necessary to meet those 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..................................................................................... $70,268

1599-4059
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, Local 509, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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 $10,000 of this appropriation shall be made available through June 30, 2007..................................................................................... $16,046,607

1599-4060
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the commonwealth and the Service Employees International Union, Local 888, at the North, Middle and South offices of the Berkshire county registry of deeds, between the commonwealth and the American Federation of State, County and Municipal Employees, Local 653, Council 93 at the North and South offices of the Essex county registry of deeds, between the commonwealth and the Office and Professional Employees International Union, AFL-CIO, Local 6, at the Hampden county registry of deeds, between the commonwealth and the American Federation of State, County and Municipal Employees, Local 414, Council 93, at the South office of the iddlesex county registry of deeds, between the commonwealth and the Office and Professional Employees International Union, AFL-CIO, Local 6 at the South office of the Middlesex county registry of deeds, between the commonwealth and the Service Employees International Union, AFL-CIO, Local 888 at the Suffolk Registry of Deeds, between the commonwealth and the Service Employees International Union, AFL-CIO, Local 888, at the North office of the Worcester county registry of deeds, and to meet the fiscal years 2005 and 2006 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 agreements; 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 collective bargaining agreements then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $451,385

1599-4061
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Franklin county sheriff's department and the General Teamsters, Local 404, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $173,386

1599-4062
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff's department and the International Brotherhood of Teamsters, Local 122, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $24,594

1599-4063
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff's department and the National Association of Government Employees, International Brotherhood of Correctional Officers, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $1,438,238

1599-4064
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex county sheriff's department and the Middlesex county sheriff's Superior Officers Association, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $309,700

1599-4065
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampden county sheriff's department and the Non-Uniformed Correctional Association, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $1,061,782

1599-4066
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff's department and the sheriff's office of Worcester County Superior Officers Association, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $95,524

1599-4067
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff's department and the Massachusetts Correction Officers Federated Union, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $372,814

1599-4068
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff's department and the National Association of Government Employees, Local R1-255, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $46,517

1599-4069
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff's department and the United Automobile, Aerospace and Agricultural Implement Workers of America, AFL-CIO, Local 422, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $67,744

1599-4070
For a reserve to meet the fiscal years 2005 and 2006 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 Union 432 A & B, for the Amherst campus, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $173,839

1599-4071
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, for the Lowell campus, and to meet the fiscal year 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $74,989

1599-4072
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, for the Boston campus, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $52,562

1599-4073
For a reserve to meet the fiscal years 2005 and 2006 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, for the Dartmouth campus, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $66,748

1599-4074
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Board of Higher Education and the Association of Professional Administrators, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $2,065,621

1599-4075
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff's department and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local RN, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $12,939

1599-4076
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff's department and the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Locals 3967/3643, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $133,510

1599-4077
For a reserve to meet the fiscal years 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff's department and the National Association of Government Employees, Local 298, and to meet the fiscal years 2005 and 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 such amounts as are necessary to meet those 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..................................................................................... $254,410

1599-4078
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Bristol county sheriff's department and the Massachusetts Correction Officers Federated Union, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $341,608

1599-4079
For a reserve to meet the fiscal year 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Office and Professional Employees International Union, Local 6, AFL-CIO at the Middlesex North registry of deeds, and to meet the fiscal year 2006 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, 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 collective bargaining agreement then in effect which otherwise would cover the positions; and provided further, that the secretary may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal year 2006 such amounts as are necessary to meet those 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..................................................................................... $54,463

1599-4081
For a reserve to meet the costs in fiscal years 2005 and 2006 of salary increases, benefit adjustments and other employee economic benefits authorized for employees of the supreme judicial court, the appeals court and the trial court that are covered by the collective bargaining agreements between the trial court of the commonwealth and the Office and Professional Employees International Union Local 6 (AFL-CIO), professional and clerical units; provided, that the secretary may make allocations from this item to meet the costs of salary adjustments and other economic benefits to personnel of the trial court employed in confidential positions who would otherwise be covered by said agreements in effect for fiscal year 2005 and to meet the costs of providing equal salary adjustments and other economic benefits to employees who are not otherwise classified in any such collective bargaining unit of the trial court, the mental health legal advisors committee, the board of bar examiners and the commission on judicial conduct; provided further, that the secretary of administration and finance may transfer from the sum appropriated herein to other items of appropriation and allocations thereof for fiscal years 2005 and 2006 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..................................................................................... $12,774,988

Governor returned with veto - see House, No. 4405
The Legislature overrode the Governor's veto
1599-4123
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of trustees of the University of Massachusetts and:

the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA;
the Professional Staff Union, Local 509, Service Employees' International Union, AFL-CIO/CLC;
the University Staff Association/Massachusetts Teachers Association/ NEA;
the International Brotherhood of Police Officers, Local 432, Units A and B;
the International Brotherhood of Teamsters, Local 25 (2 units);
the University of Massachusetts and the International Brotherhood of Police Officers, Local 399;
the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 507;
the National Association of Government Employees, Local 245;
the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation;
the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services;
the International Association of Police Officers, Local 399;
the Massachusetts Society of Professors/Lowell;
the American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 1776;
the Graduate Employee Organization, Local 2322, UAW;
the Service Employees' International Union, Local 509, Unit B;
the Service Employees' International Union, Local 254, AFL-CIO, CLC, Clerical-Technical Unit;
the Service Employees' International Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit;
the National Association of Government Employees;
the Graduate Employee Organization, Local 1596, UAW;
and the Graduate Employee Organization Boston, Local 1596, UAW;

provided, that the payments shall fund the fiscal year 2003 payments associated with salary adjustments and other economic items provided for in the collective bargaining agreements; provided further, that, not later than 70 days from the effective date of this act, employees covered by the terms of the collective bargaining agreements in this item shall be paid a lump sum amount equal to the difference between:

(a) the salary specified in the relevant agreement; and
(b) the salary each received for the period from July 7, 2002 through July 5, 2003; provided further, that employees covered by the collective bargaining agreements in this item shall, subject to appropriation in fiscal year 2006 and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to the collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided further, that the president of the University of Massachusetts shall expend these funds for such salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements listed in this item; provided further, that funds appropriated in this item shall be transferred by the comptroller to the University based upon a schedule submitted by the president of the University of Massachusetts; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments and other economic items set forth in this item for the collective bargaining agreements in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E, or any other general or special law to the contrary nor the expiration of any collective bargaining agreement and any contractual requirements relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of a collective bargaining agreement; provided further, that notwithstanding said chapter 150E or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institution of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2003, as otherwise provided in the collective bargaining agreements................................................................ $30,266,534

Governor returned with veto - see House, No. 4405
The Legislature overrode the Governor's veto
1599-4124
For a reserve for the payment of a portion of the salary adjustments and other economic items provided for in various collective bargaining agreements negotiated between the board of higher education and:

the Association of Professional Administrators;
and the American Federation of State, County and unicipal Employees, Council 93, Local 1067, AFL-CIO;

provided, that the payments shall fund the fiscal year 2003 payments associated with salary adjustments and other economic items provided for in such collective bargaining agreements; provided further, that, not later than 30 days from the effective date of this act, employees covered by the collective bargaining agreements listed in this item shall be paid a lump sum amount equal to the difference between:

(a) the salary specified in the relevant agreement; and
(b) the salary each received for the period from July 1, 2002 through June 30, 2003; provided further, that employees covered by the collective bargaining agreements in this item shall, subject to appropriation in fiscal year 2006 and thereafter, continue to be paid salaries in effect for fiscal 2004 until the parties to the collective bargaining agreements reach agreement or lawful impasse in negotiations for successor agreements; provided further, that the chancellor of higher education shall expend these funds for such salary adjustments and other economic items in accordance with this item and the terms of the collective bargaining agreements in this item; provided further, that funds appropriated in this item shall be transferred by the comptroller to the board of higher education based upon a schedule submitted by the chancellor of higher education; provided further, that any requirement that the employer shall submit to the general court a request for an appropriation necessary to fund cost items in a collective bargaining agreement shall not apply to the funding for salary adjustments set forth in this item for the collective bargaining agreements in this item, notwithstanding chapter 150E of the General Laws, including subsection (c) of section 7 of said chapter 150E, or any other general or special law to the contrary or the expiration of a collective bargaining agreement and any contractual requirements relative to allocation of appropriations which would interfere with or impede the payment of salary adjustments and other economic items provided for in this item for the collective bargaining agreements listed in this item and shall not apply to the payment of such salary adjustments and other economic items, notwithstanding the expiration of a collective bargaining agreement; provided further, that notwithstanding said chapter 150E or any other general or special law to the contrary, appropriation or expenditure of funds in this item shall not constitute or create an obligation for the commonwealth or any institution of public higher education to provide any other salary adjustments or economic benefits associated with any fiscal year prior to or other than fiscal year 2003, as otherwise provided in such collective bargaining agreement..................................................................................... $11,909,284

EXECUTIVE OFFICE OF PUBLIC SAFETY
Sheriffs

8910-0124
For lease costs associated with the office of the sheriff of Hampshire county..................................................................................... $225,000

SECTION 2C.I. For the purpose of making available in fiscal year 2006 balances of appropriations which otherwise would revert on June 30, 2005, 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 chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 of said chapter 45, 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. Amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said chapter 45; provided, however, that for items which do not appear in said section 2 of said chapter 45, the amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated herein shall be in addition to any amounts available for said purposes. All amounts appropriated in said section 2 and 2A of this act shall be available for expenditure in fiscal year 2006.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary.

1100-1100 ..................................................................................... $200,000

Division of Capital Asset Management and Maintenance.

1102-3299 ..................................................................................... $1,500,000

Reserves.

1599-3333 ..................................................................................... $865,000

EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Office of the Secretary.

7002-0012 ..................................................................................... $2,895,000

Department of Workforce Development

7003-0701..................................................................................... $25,382,582

Department of Business and Technology

7007-0900 ..................................................................................... $254,667

EXECUTIVE OFFICE OF PUBLIC SAFETY
Executive Office of Public Safety

8000-0034 ..................................................................................... $450,000

8000-0106 ..................................................................................... $1,800,000

Department of State Police

8100-0515 ..................................................................................... $650,000

Municipal Police Training Committee

8200-0200 ..................................................................................... $1,000,000

SECTION 2C.II. For the purpose of making available in fiscal year 2006 balances of retained revenue and intragovernmental chargeback authorizations which otherwise would revert on June 30, 2005, the unexpended balances of the authorizations listed below, not to exceed the amount specified below for each item, are hereby re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2B of chapter 45 of the acts of 2005; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. Amounts in this section are re-authorized from the funds designated for the corresponding item in said section 2 or 2B of said chapter 45; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 45, the amounts in this section are re-authorized from the funds designated for the corresponding item in section 2, 2A, or 2B of this act or in prior appropriation acts. The sums re-authorized herein shall be in addition to any amounts available for said purposes.

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

4401-1100 ..................................................................................... $271,660

Department of Public Health.

4513-1010 ..................................................................................... $800,000

Department of Mental Health.

5047-0002 ..................................................................................... $1,350,000

EXECUTIVE OFFICE OF PUBLIC SAFETY
Municipal Police Training Committee.

8200-0222 ..................................................................................... $57,000

Governor returned with recommendation of amendment, for message, see House, No. 4406
SECTION 3. Subsection (n) of section 548 of chapter 26 of the acts of 2003, as appearing in section 1 of chapter 188 of the acts of 2004, is hereby amended by striking out the figure "35BB" and inserting in place thereof the following figure:- 35AA.

SECTION 4. Item 0321-1510 of section 2 of chapter 149 of the acts of 2004, as amended by section 1 of chapter 253 of the acts of 2004, is hereby further amended by adding the following words:- and provided further, that the chief counsel for the committee for public services may transfer funds from this item to item 0321-1520.

SECTION 5. Item 4000-0300 of said section 2 of said chapter 149, as amended by section 82 of chapter 352 of the acts of 2004, is hereby further amended by inserting after the words "primary care provided to MassHealth members" the following words:- ; provided further, that notwithstanding any general or special law to the contrary, funds in items 4000-0430, 4000-0500, 4000-0600, 4000-0620, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895, 4000-0990 and 4000-1400 shall not be available during the accounts-payable period of fiscal year 2005, and any unexpended balances in these accounts shall revert to the General Fund on June 30, 2005.

SECTION 6. Item 4513-1010 of said section 2 of said chapter 149 is hereby amended by striking out the figure "$2,700,050" and inserting in place thereof the following figure:- $3,500,050.

SECTION 7. Item 5047-0002 of said section 2 of said chapter 149 is hereby amended by striking out the figure "$2,500,000" and inserting in place thereof the following figure:- $1,150,000.

SECTION 8. Section 1 of chapter 239 of the acts of 2004 is hereby amended by striking out the figure "1.94" and inserting in place thereof the following figure:- 1.93.

SECTION 9. Section 2 of chapter 45 of the acts of 2005, is hereby amended by striking out the number "1102-3305" and inserting in place thereof the following number:- 1102-3306.

SECTION 10. Section 2 of chapter 45 of the acts of 2005 is hereby amended by striking out item 5047-0002 and inserting in place thereof the following item:-

5047-0002
The department of mental health may expend not more than $5,850,000 in revenue collected from services rendered in emergency programs and acute inpatient and diversionary settings on continuing care services in the community; provided, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department 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 as reported in the state accounting system; provided further, that up to $1,350,000 that has been made available shall be used to reimburse certain expenses incurred in fiscal year 2005 or 2006 by the following trust funds: Quincy Mental Health Center Trust Fund, Dr. John C. Corrigan Jr. Mental Health Center Trust, Cape Cod and the Islands Mental Health Center Trust, Brockton Multi Service Center Trust and the Fuller Mental Health Center Trust..................................................................................... $5,850,000

SECTION 11. Said section 2 of said chapter 45 is hereby further amended by striking out item number "8910-7101" and inserting in place thereof the following item number:- 8910-7100.


Governor returned with veto - see House, No. 4405
SECTION 12. Section 13 of chapter 58 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 13 and 14, the words "certain properties in the town of Stoneham," and inserting in place thereof the following words:- the Middlesex Fells Reservation.

SECTION 13. Notwithstanding any general or special law to the contrary, during fiscal year 2006, the executive office of health and human services may expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $115,000,000 for fiscal year 2005 MassHealth PCCP supplemental payments to certain publicly-operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals, under an agreement with the executive office, relating to such payments and transfers as established in accordance with said Title XIX 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 edicaid state plan. For purposes of calculating payment amounts authorized pursuant to section 16 of chapter 45 of the acts of 2005, such PCCP supplemental payments shall be considered amounts paid for fiscal year 2005 regardless of the fiscal year in which they are made. The executive office shall notify the house and senate committees on ways and means if the 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 authorized for expenditure shall be funded in part through intergovernmental transfers of municipal or health non-federal public funds to the commonwealth. The Boston Public Health Commission and the Cambridge Public Health Commission shall transfer to the medical assistance intergovernmental transfer account an amount equal to 55 per cent of the gross amounts of the PCCP supplemental payments made by the executive office under managed care contracts with the commissions. An amount equal to 9.09 per cent of the total amount that the Boston and Cambridge Public Health Commissions transfer to the medical assistance intergovernmental transfer account pursuant to this section shall be transferred from the medical assistance intergovernmental transfer account and credited to the Distressed Provider Expendable Trust Fund.

SECTION 14. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the office of the state treasurer, the division of health care finance and policy and the secretary of health and human services, shall transfer $24,100,000 from the General Fund, effective June 30, 2005, to the Uncompensated Care Trust Fund established in section 18 of chapter 118G of the General Laws for the purpose of making revenues available for the administration of the uncompensated care pool during hospital fiscal year 2006.

SECTION 15. The division of health care finance and policy shall continue in effect and enforce the following regulations in effect on September 15, 2005, promulgated pursuant to chapter 118G of the General Laws: 114.6 CMR 12.00, regarding services eligible for payment from the Uncompensated Care Trust Fund.

SECTION 16. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transitional Escrow Fund. Notwithstanding any general or special law to the contrary, the state comptroller shall transfer to the Transitional Escrow Fund an amount equal to the consolidated net surplus less the transfers mandated by clause (a) of section 5C of chapter 29 of the General Laws, but before any transfer pursuant to clause (b) of said section 5C of said chapter 29. The transfer pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances provided that no such transfer shall cause a deficit in any of the funds. Expenditures from the Transitional Escrow Fund shall be subject to appropriation.

(b) The Transitional Escrow Fund shall expire on June 30, 2006, at which time the comptroller shall transfer the unexpended balance in it to the Commonwealth Stabilization Fund established in section 2H of said chapter 29.

SECTION 17. Notwithstanding any general or special law to the contrary, any proceeds of the commonwealth's general obligation bonds, consolidated loan of 2004, series b, and allocable to the bonds maturing on August 1, 2024 that remain unspent as of July 1, 2005, may, at the direction of the state treasurer, be thereafter applied to any other purpose set forth in any bond authorization act or section thereof in effect at the time of the direction.

SECTION 18. Notwithstanding any general or special law to the contrary, prior to calculating the consolidated net surplus for the fiscal year ending June 30, 2005, the comptroller shall transfer $691,000,000 to the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws, from the undesignated balance in the operating funds.

Governor returned with veto - see House, No. 4405
The Legislature overrode the Governor's veto
SECTION 19. Employees covered by the terms of the collective bargaining agreements in item 1599-4123 of section 2A who, after July 5, 2003, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 5, 2003, shall be paid, not later than December 2, 2005, a lump sum amount equal to the difference between: (a) the salary specified in the relevant agreement; and (b) the salary each received for the time they were employed during the period July 7, 2002 to July 5, 2003; provided, however, that notwithstanding chapter 32 of the General Laws, the amount of the retirement allowance paid under said chapter 32 to an employee who prior to retirement was covered by the terms of the collective bargaining agreements in said item 1599-4123 of said section 2A and who retired after July 5, 2003, shall be calculated as though the employee's regular compensation for any period of employment from July 7, 2002 to July 5, 2003 had been received by the employee in accordance with such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to an employee's retirement allowance, including payments retroactive to the effective date of retirement.

Employees covered by the terms of the collective bargaining agreements in item 1599-4124 of section 2A who, after July 1, 2003, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 1, 2003, shall be paid, not later than December 2, 2005, a lump sum amount equal to the difference between: (a) the salary specified in the relevant agreement; and (b) the salary each received for the time they were employed during the period July 1, 2002 to June 30, 2003; provided, however, that notwithstanding chapter 32 of the General Laws, the amount of the retirement allowance paid under said chapter 32 to an employee who prior to retirement was covered by the terms of the collective bargaining agreements in said items 1599-4123 and 1599-4124 of said section 2A and who retired after July 1, 2003, shall be calculated as though the employee's regular compensation for any period of employment from July 1, 2002 to June 30, 2003 had been received by the employee in accordance with such agreement and appropriate retirement deductions withheld. Appropriate adjustments shall be made to an employee's retirement allowance, including payments retroactive to the effective date of retirement.

SECTION 20. Section 15 is hereby repealed.

SECTION 21. Section 20 shall take effect on January 31, 2006.

SECTION 22. Section 9 of chapter 111L of the General Laws, as appearing in section 1 of chapter 27 of the acts of 2005, is hereby amended by adding the following subsection:-

(i) The council shall not be a state agency for the purposes of chapter 268A.

Approved (in part) September 30, 2005.

Error