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. 4406SECTION 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 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.