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Session Law

2005

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Chapter 167 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2006 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to make forthwith appropriations for the fiscal year beginning July 1, 2005, 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 2006, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2006. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

SECTION 2.

EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of Correction

8900-0001........................................................................ 12,800,000

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, 2006. The sums shall be in addition to any amounts previously appropriated and made available for the purposes of these items.

TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver General.

0610-2000
For payments made to veterans pursuant to section 16 of chapter 130 of the acts of 2005; provided, that the office of the state treasurer may expend not more than $150,000 for costs incurred in the administration of these payments

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Reserves.

1599-4082
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Non-Uniformed Correctional Association, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ................................. $153,300

1599-4083
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Hampshire County Senior Officers, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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.................. $102,152

1599-4084
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Law Enforcement and Security Union Division of the United Food and Commercial Workers Union, Local 1459, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ........................... $341,026

1599-4085
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the United Food and Commercial Workers Union, Local 1459, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 .................................$79,518

1599-4086
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff and the Jail Officers Association, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ..................................... $676,763

1599-4087
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff and the American Federation of State, County and Municipal Employees, Council 93, Local 419, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ........................... $1,252,402

1599-4088
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 Barnstable county sheriff and the International Brotherhood of Correctional Officers, Local R1-72, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ......................................... $271,121

1599-4089
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampden sheriff's department and the International Brotherhood of Correctional Officers, Local 248, NAGE, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ..................................... $1,029,048

1599-4090
For a reserve to meet the fiscal year 2005 and 2006 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampden sheriff's department and the Hampden County Superior Correctional Officers Association, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ..................................... $232,592

1599-4091
For a reserve to meet the fiscal year 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 Massachusetts State College Association, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ..................................... $5,660,089

1599-4092
For a reserve to meet the fiscal year 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 Massachusetts Teachers Association/Massachusetts Community College Council, 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 this 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 these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2006 amounts necessary to meet these 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 ..................................... $6,571,052

EXECUTIVE OFFICE OF PUBLIC SAFETY
Gang Prevention Grant Program

8100-0011
For a grant program to be known as the "Senator Charles E. Shannon, Jr. Community Safety Initiative", to be administered by the executive office of public safety, to support regional, multi-disciplinary approaches to combat gang violence through coordinated programs for prevention and intervention; coordinated law enforcement, including regional gang task forces and regional crime mapping strategies; focused prosecutions; and reintegration strategies for ex-convicts; provided, that the secretary of public safety shall distribute grant funds through a competitive grant program that gives preference to applications that:

(1) demonstrate high levels of youth violence, gang problems and substance abuse in a region;
(2) demonstrate a commitment to regional, multi-jurisdictional strategies to deal with those community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together;
(3) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity;
(4) make a written commitment to match grant funds with a 25 per cent match provided either by municipal or private contributions; and
(5) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorneys' offices, shall be eligible to apply for these funds; provided further, that those funds shall be considered one-time and grants awarded to public agencies shall not annualize in fiscal year 2007; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further that the executive office of public safety shall publish guidelines and an application for the competitive portion of the grant program not later than April 15, 2006 and that awards shall be made to applicants not later than June 15, 2006; provided further, that the executive office of public safety may expend not more than $100,000 of the sum appropriated in this item for its costs in administering this program; provided further, that the executive office of public safety shall submit a report to the house and senate committees on ways and means detailing the amount of the grants awarded to recipients and descriptions of the grants; and provided further, that each grant recipient shall provide the executive office of public safety with a comprehensive list of the best practices that have been instituted as a result of these grants ..................................... $11,000,000.

SECTION 3. Subparagraph (i) of paragraph (5) of subsection (l) of section 6 of chapter 62 of the General Laws, as appearing in section 1 of chapter 158 of the acts of 2005, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- All or any portion of tax credits issued in accordance with this subsection may be transferred, sold or assigned to other taxpayers with tax liabilities under this chapter or chapter 63.

SECTION 4. Chapter 130 of the acts of 2005 is hereby amended by striking out section 16 and inserting in place thereof the following section:-

Section 16. (a) Notwithstanding any general or special law to the contrary, upon application, as provided in this section, there shall be paid to each person who shall have served in the armed forces of the United States in active service as part of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation Noble Eagle who was discharged or released under honorable conditions from such service, the sums specified in this section; if the domicile of every person on account of whose service the application is filed shall have been in the commonwealth for a period of not less than 6 months before the time of his entry into the service.

(1) $1,000 to each such veteran who performed active service outside the continental limits of the United States in the Afghanistan or Iraq area as those areas are described by proper federal authority.

(2) $500 to each such veteran who performed active duty within the continental limits of the United States or outside the continental limits of the United States other than in the Afghanistan or Iraq areas for a period of 6 months or more.

(b) "Active service in the armed forces", as used in this section shall not include active duty for training in the Army National Guard or Air National Guard or active duty for training as a reservist in the armed forces of the United States.

As used in this act, the words "armed forces" shall have the following meaning:-

United States Army, Army of the United States, Army Reserves, United States Navy, United States Naval Reserve, United States Marine Corps, United States Marine Corps Reserve, United States Coast Guard, United States Coast Guard Reserve, Army Nurse Corps, Navy Nurse Corps, United States Air Force, United States Air Force Reserve, Air National Guard and Army National Guard and including women's branches of said armed forces.

(c) In the case of the decease of any person who would, if alive, be entitled to the benefits of this act, the sum named in this act shall be paid to the decedent's heirs-at-law; but if there is more than one heir-at-law, payments shall, in either case, be made in such proportions as the state treasurer shall determine, and in determining the order of precedence, so far as practicable, the following order shall be observed:- spouse and children, mother or father, brother or sister, other dependents. No right or payment under this act shall be subject to the claims of creditors, capable of assignment, regarded as assets, legal or equitable of the estate of the deceased or made the basis for administration thereof.

(d) In case of the decease of any person who died while in active service, there shall be paid the sum of $1,000 subject to, and in the manner provided by subsection (c). In the case of any person who is mentally incompetent and is entitled to the benefits of this act and for whom no legal guardian has been appointed by court, the sum named in this act shall be paid to the decedent's dependents, and in determining the order of precedence so far as practicable, the following order shall be observed:- (i) spouse and children; (ii) mother or father; (iii) brother or sister; and (iv) other dependents.

(e) Applications under this section shall be filed with the state treasurer, upon forms to be furnished by him. The state treasurer may accept the written statement of the clerk of a city or town that a person claiming pay or on whose account pay is claimed by a dependent or heir-at-law, under the provisions of this act, was domiciled therein on the first day of January, in any year, as prima facie evidence of the fact of such domicile, and he may accept such other evidence of domicile as he may consider adequate or necessary. The clerks of the several cities and towns shall, at the request of the state treasurer, forthwith furnish such information relative to such domicile as their records may disclose. The state treasurer may require and accept such additional evidence as he may consider necessary to establish the fact of domicile within the commonwealth as provided under section 1. The adjutant general shall certify to the state treasurer the dates of service and any other military information necessary to carry out the provisions of this act. The state treasurer shall furnish to the adjutant general a copy of Form DD-214 or equivalent documentation as determined by the adjutant general for the permanent records of the military division of the commonwealth. Whoever knowingly makes a false statement, oral or written, relating to a material fact in supporting a claim under this act, shall be punished by a fine of not more than $1,000, or by imprisonment for not more than 3 years, or both. Offenses under this section may be prosecuted by the attorney general, or under his direction, in any court within the commonwealth, and all fines collected thereunder shall be paid to the treasury of the commonwealth. The state treasurer shall act upon all applications made under this section, and may expend for clerical assistance and for such other expenses sums necessary in carrying out this act, not exceeding the sums appropriated for this purpose. Any person aggrieved by a decision of the state treasurer in the matter of payments provided for by this act may appeal to a board, to consist of a member of the department of the state treasurer to be designated by him, an assistant attorney general to be designated by the attorney general, and the adjutant general or his designee, and shall be entitled to a hearing, after due notice, upon such appeal. The decision of the board shall be final.

SECTION 5. Section 3 shall be effective for tax years beginning on or after January 1, 2006 and before January 1, 2013.

Approved December 22, 2005.

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