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  • Acts
  • 2005
  • Chapter 35 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 to make forthwith 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 these appropriation acts, for the several purposes and subject to the conditions specified in this act or in those 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 in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Group Insurance Commission

1108-5200 ...................................................................................................................... $19,400,000

1108-5400 ...................................................................................................................... $2,000,000

Office of the Secretary for Administration and Finance

1599-1971 ...................................................................................................................... $38,606,479

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

Office of the Secretary of Environmental Affairs

2030-1000 ......................................................................................................................$553,500

Department of Conservation and Recreation

2820-0100 ...................................................................................................................... $1,100,000

2820-2000 ......................................................................................................................$2,525,153

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Public Health

4512-0200 ...................................................................................................................... $9,173,691

4580-1000 ...................................................................................................................... $495,000

EXECUTIVE OFFICE OF PUBLIC SAFETY

Military Division

8700-0001 ...................................................................................................................... $453,084

SHERIFFS

Worcester Sheriff's Department

8910-0105 ...................................................................................................................... $1,200,000

Franklin Sheriff's Department

8910-0108 ...................................................................................................................... $342,148

Essex Sheriff's Department

8910-0619 ...................................................................................................................... $702,000

Massachusetts Sheriffs' Association

8910-7100 ...................................................................................................................... $41,600

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.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary for Administration and Finance

1599-7093 For a reserve for the costs of rent and relocation for the Barnstable county sheriff's department ...... $1,475,000

EXECUTIVE OFFICE OF PUBLIC SAFETY

8910-0005 For the Plymouth county sheriff's department to be allocated at the discretion of the county government finance review board ...................................................................................................................... $1,500,000

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, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 149 of the acts of 2004; but for items which do not appear in said section 2 of said chapter 149, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding items 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 149; but for items which do not appear in said section 2 of said chapter 149, the amounts in this section are re-appropriated from the funds designated for the corresponding items 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 or 2A of this act shall be available for expenditure in fiscal year 2006.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Group Insurance Commission

1108-5200 ...................................................................................................................... $19,400,000

1108-5400 ...................................................................................................................... $2,000,000

Office of the Secretary of Administration and Finance

1599-1971 ...................................................................................................................... $38,606,479

1599-7093 ...................................................................................................................... $1,475,000

EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS

Office of the Secretary of Environmental Affairs

2030-1000...................................................................................................................... $553,500

Department of Conservation and Recreation

2820-0100 ...................................................................................................................... $1,100,000

2820-2000 ...................................................................................................................... $2,525,153

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Public Health

4512-0200 ...................................................................................................................... $9,173,691

4580-1000 ...................................................................................................................... $495,000

EXECUTIVE OFFICE OF PUBLIC SAFETY

Office of the Secretary

8000-0010 ...................................................................................................................... $3,468,789

Military Division

8700-0001 ...................................................................................................................... $453,084

SHERIFFS

8910-0005 For the Plymouth county sheriff's department to be allocated at the discretion of the county government finance review board ...................................................................................................................... $1,500,000

Worcester Sheriff's Department

8910-0105 ...................................................................................................................... $1,200,000

Franklin Sheriff's Department

8910-0108 ...................................................................................................................... $342,148

Essex Sheriff's Department

8910-0619 ...................................................................................................................... $702,000

(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 149 of the acts of 2004; but for items which do not appear in said section 2 or 2B of said chapter 149, the amounts in this section are re-authorized for the purposes of and subject to the conditions stated for the corresponding items in said section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-authorized from the funds designated for the corresponding items in said section 2 or 2B of said chapter 149; provided, however, that for items which do not appear in said section 2 or 2B of said chapter 149, the amounts in this section are re-authorized from the funds designated for the corresponding items in said section 2 or 2A of this act or in prior appropriation acts. The sums re-authorized in this section shall be in addition to any amounts available for these purposes.

SHERIFFS

Massachusetts Sheriffs' Association

8910-7100 ...................................................................................................................... $41,600

SECTION 3. Section 12A of chapter 29 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, in order to comply with the Social Security Act, the comptroller may present in his certificate to the governor's council, and the state treasurer, with the consent of the council, may transfer to the United States Treasury before July funds necessary to make July 1 Supplemental Security Income payments to commonwealth benefit recipients.

SECTION 4. Item 8910-7100 of section 2 of chapter 149 of the acts of 2004 is hereby amended by striking out the words "$211,000 from revenues" and inserting in place thereof the following words:- $252,600 from revenues.

SECTION 5. Said chapter 149 is hereby further amended by striking out section 259 and inserting in place thereof the following section:-

Section 259. Notwithstanding any general or special law to the contrary, the executive office of health and human services may expend, subject to federal approval, an amount not to exceed $416,740,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain acute care hospitals. The payments shall be established in accordance with Title XIX of the Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the commonwealth's Title XIX state plan and the terms and conditions of agreements reached with the executive office for such payments. No funds shall be expended unless the acute care hospital has executed the executive office of health and human services' current acute hospital request for applications and contract and unless a public entity is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with the entity, which amount shall be not less than 50 per cent of the Title XIX payment. All revenues generated pursuant to this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with subsection (o) of section 18 of chapter 118G of the General Laws. An accounting of such payments shall be reported quarterly to the secretary of administration and finance and the house and senate committees on ways and means.

SECTION 6. Chapter 172 of the acts of 2004 is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. Notwithstanding any general or special law to the contrary, in fiscal year 2005, the executive office of public safety shall administer and distribute the nonearmarked portion of community policing grants based on a formula that uses the following weighted categories: population - 45 per cent; historic levels of community policing grants - 40 per cent; violent crime rates - 6 per cent; nonviolent crime rates - 6 per cent; hate crime statistics - 1.5 per cent; and law enforcement assault statistics - 1.5 per cent. These grant monies shall be expended by cities and towns not later than December 31, 2005 unless a petition for an extension is filed with the executive office of public safety by the city or town before November 1, 2005 and accepted by the secretary of public safety before December 1, 2005. This formula shall not apply in fiscal year 2006.

Approved June 16, 2005.