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Session Law

2007

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Chapter 16 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2007 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, 2006 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 2007, 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, 2007. These sums 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
Office of the Secretary

1599-2006 ......................................................... $3,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance

4403-2120.......................................................... $2,742,949
4408-1000.. ....................................................... $4,075,294

Department of Public Health

4513-1010............................................................ $900,000

EXECUTIVE OFFICE OF PUBLIC SAFETY
Department of State Police

8100-0006.......................................................... $4,500,000

Military Division

8700-0001.. ....................................................... $1,095,240

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 in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2007. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary

1599-4216
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and the Massachusetts Community College Council and to meet the fiscal year 2007 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 2007 such amounts as may be 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........................... $3,228,802

1599-4217
For a reserve to meet the fiscal year 2007 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, MTA/NEA, and to meet the fiscal year 2007 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 2007 such amounts as may be 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............................. $682,270

1599-4218
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Service Employees International Union, Local 888, at the North, Middle and South Berkshire Registry of Deeds, the American Federation of State, County and Municipal Employees, Council 93, Local 653, at the Essex North and South Registry of Deeds, the American Federation of State, County and Municipal Employees, Council 93, Local 414, at the Middlesex South Registry of Deeds, the Office and Professional Employees International Union, Local 6, at the Middlesex South Registry of Deeds, the Office and Professional Employees International Union, Local 6, at the Middlesex North Registry of Deeds, the Office and Professional Employees International Union, Local 6, at the Hampden Registry of Deeds, the Service Employees International Union, Local 888, at the Suffolk Registry of Deeds, the Service Employees International Union, Local 888, at the Worcester North Registry of Deeds, and to meet the fiscal year 2007 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 2007 such amounts as may be 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............................. $238,809

1599-4219
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Franklin sheriff’s department and the International Brotherhood of Teamsters, Local 404, and to meet the fiscal year 2007 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 2007 such amounts as may be 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....................... $85,447

1599-4220
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff’s department and the Middlesex Sheriff’s Superior Officers Association and to meet the fiscal year 2007 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 2007 such amounts as may be 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............................. $147,116

1599-4221
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff’s department and the Teamsters Local 122 and to meet the fiscal year 2007 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 2007 such amounts as may be 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................................................. $13,671

1599-4222
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Sheriff's Office Treatment Association and to meet the fiscal year 2007 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 2007 such amounts as may be 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.............................. $28,495

1599-4223
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Non-Uniform Correctional Association and to meet the fiscal year 2007 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 2007 such amounts as may be 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.............................. $56,632

1599-4224
For a reserve to meet the fiscal year 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Hampshire sheriff's department and the Hampshire Sheriff's Office Jail and House of Correction Supervisory Correctional Officers Association and to meet the fiscal year 2007 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 2007 such amounts as may be 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.............................. $38,977

1599-4225
For a reserve to meet the fiscal year 2007 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, United Food and Commercial Workers Union and to meet the fiscal year 2007 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 2007 such amounts as may be 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............ $116,495

1599-4226
For a reserve to meet the fiscal year 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Plymouth county sheriff and the International Brotherhood of Correctional Officers R1-227 and to meet the fiscal year 2006 and 2007 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 2007 such amounts as may be 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............ $146,892

1599-4227
For a reserve to meet the fiscal year 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Dukes county sheriff and the Massachusetts Correction Officers Federated Union, Units A and B, and to meet the fiscal year 2006 and 2007 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 2007 such amounts as may be 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............. $53,167

1599-4228
For a reserve to meet the fiscal year 2006 and 2007 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff and the County Correctional Officer Association, Supervisory and Non-Supervisory Units and to meet the fiscal year 2006 and 2007 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 2007 such amounts as may be 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................................................ $869,849

Governor returned the following section with an amendment.

SECTION 3. nbsp;Section 31 of chapter 9 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:— From March 15, 2003 through June 30, 2011, all surcharges on fees collected pursuant to this section shall be forwarded to the Registers Technology Fund, established in section 2JJJ of chapter 29. From July 1, 2011, all of the surcharges shall be forwarded to the General Fund as provided in section 2 of said chapter 29.

SECTION 4. Section 3 of chapter 40A of the General Laws is hereby further amended by striking out the first paragraph, as amended by section 36 of the chapter 123 of the acts of 2006, and inserting in place thereof the following paragraph:—

No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term “agriculture” shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises.

SECTION 4A. The fifth sentence of section 3 of chapter 192 of the acts of 1994, as appearing in section 2 of chapter 3 of the acts of 2005, is hereby amended by striking out the words “and the house chairman of the committee on economic development and emerging technologies” and inserting in place thereof the following words “and the senate and house chairmen of the committee on economic development and emerging technologies”.

SECTION 5. Item 9700-0100 of section 2 of chapter 45 of the acts of 2005 is hereby further amended by striking out the words “February 15, 2007”, inserted by section 122 of chapter 122 of the acts of 2006, and inserting in place thereof the following words:— September 1, 2007.

SECTION 6. Said item 9700-0100 of said section 2 of said chapter 45 of the acts of 2005 is hereby further amended by striking out the words “April 1, 2007”, inserted by section 123 of said chapter 122, and inserting in place thereof the following words:— October 15, 2007.

SECTION 7. Said item 9700-0100 of said section 2 of said chapter 45 is hereby further amended by striking out the words “and provided further, that for the purpose of the programs appropriated funds may be expended through April 1, 2007” inserted by section 124 of chapter 122 of the acts of 2006, and inserting in place thereof the following words:- and provided further, that for the purpose of the programs, appropriated funds may be expended through October 15, 2007.

SECTION 8. Item 1599-2006 of section 2A of chapter 58 of the acts of 2006 is hereby amended by striking out the words “and the division of insurance” and inserting in place thereof the following words:— the division of unemployment assistance and the division of insurance; provided further, that the secretary shall transfer not more than $3,000,000 from this item to the division of unemployment assistance to support development and implementation costs associated with carrying out the division’s responsibilities under section 188 of chapter 149 of the General Laws.

SECTION 9. Item 1108-5200 of section 2 of chapter 139 of the acts of 2006 is hereby amended by striking out the figure “$976,037,643” and inserting in place thereof the following figure:- $966,037,643.

SECTION 10. Item 4403-2000 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$296,555,455” and inserting in place thereof the following figure:- $289,555,455.

SECTION 11. Item 4513-1010 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$3,500,000” and inserting in place thereof the following figure:— $4,400,000.

SECTION 12. Item 7007-0900 of said section 2 of said chapter 139 is hereby amended by striking out the words “; provided further, that said office shall grant not less than $5,000,000 to the Massachusetts International Marketing Partnership Incorporated, the business entity awarded the contract pursuant to section 60 of chapter 141 of the acts of 2003 for the express purpose of implementing the strategic marketing and promotional program to recover the commonwealth’s lost international market share”.

SECTION 13. Item 7061-9010 of said section 2 of said chapter 139 is hereby amended by adding the following words:- ; and provided further, that, if the amount appropriated is sufficient to fully fund all reimbursements required by said section 89, and additional funds remain available for appropriation, funds shall be expended from this item to provide one-time payments to ensure that no charter school receives less funding in fiscal year 2007 than it would have received had tuition been calculated pursuant to subsection (nn) of said section 89 and chapter 70 of the General Laws as in effect prior to July 1, 2006.

SECTION 14. Item 8100-0006 of said section 2 of said chapter 139 is hereby amended by striking out the figure “$15,500,000” and inserting in place thereof the following figure:— $20,000,000.

SECTION 15. Section 1 of chapter 153 of the acts of 2006 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- This retention shall not be subject to chapter 7 or chapter 30 of the General Laws.

SECTION 16. Said chapter 153 is hereby further amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. Once the interstate highway route 90 connector tunnel is re-opened, there shall be appropriated $20,000,000 from the General Fund for a comprehensive critical infrastructure safety audit of all tunnels which are part of the metropolitan highway system. The executive office of transportation shall retain the services of an independent inspection firm or consultant to conduct such audit. Such retention shall not be subject to chapter 7 or chapter 30 of the General Laws. The governor, after consultation with the executive office of transportation, may order the closure of any tunnel deemed unsafe for travel.

SECTION 17. Notwithstanding any general or special law to the contrary, the comptroller shall transfer any remaining appropriated funds for fiscal year 2007 in item 7004-0000 to item 0411-1000, as of the effective date of this act.

SECTION 18. Notwithstanding any general or special law to the contrary, employees covered by the terms of the collective bargaining agreements in item 1599-4131 of section 2A of chapter 192 of the acts of 2006 who, after July 1, 2001, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 1, 2001, shall be paid, not later than 30 days after the effective date of this act, 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, 2001 to June 30, 2002, inclusive; 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 a collective bargaining agreements in any of said items 1599-4131 of said section 2A and who retired after July 1, 2001, shall be calculated as though the employee’s regular compensation for any period of employment from July 1, 2001 to June 30, 2002, inclusive 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 1599-4133 of section 2A of chapter 192 of the acts of 2006 who, after July 1, 2001, retired or otherwise terminated employment, or the beneficiary of such an employee who died after July 1, 2001, shall be paid, not later than 30 days after the effective date of this act, 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, 2001 to June 30, 2002, inclusive; 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 a collective bargaining agreements in any of said item 1599-4133 of said section 2A of chapter 192 of the acts of 2006, and who retired after June 30, 2001, shall be calculated as though the employee’s regular compensation for any period of employment from July 1, 2001 to July 1, 2002, inclusive, 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.

Approved February 22, 2007.

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