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Session Law

2007

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Chapter 228 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2008 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 purposes, which are forthwith to make supplemental appropriations for fiscal year 2008 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 2008, 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, 2008. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY
Committee for Public Counsel Services

0321-1513............................................................... ................................................................... $1,200,000

DISTRICT ATTORNEYS
Northern District Attorney

0340-0200............................................................... ................................................................... $3,486,968

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Bureau of State Office Buildings

1102-3301............................................................... $170,000

Group Insurance Commission

1108-5100............................................................... $459,981

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Elder Affairs

9110-0100............................................................... $672,000

Department of Transitional Assistance

4403-2120............................................................... ................................................................... $2,850,430

Department of Mental Retardation

5911-1003............................................................... ................................................................... $3,026,199

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY
Department of State Police

8100-0007............................................................... ................................................................... $5,300,000

Department of Correction

8900-0001............................................................... .................................................................. $10,000,000

Sheriffs

8910-0102............................................................... ................................................................... $2,900,000
8910-0160............................................................... ................................................................... $1,050,186

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, 2008. 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 of Administration and Finance

1599-4251
For a reserve to meet the fiscal year 2008 costs of the roll call attendance benefit provided in section 3 of the collective bargaining agreement between the Norfolk county sheriff and Norfolk County Sheriff Correctional Officer Association; provided, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2008 amounts that are 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.......................................... $47,546

1599-4252
For a reserve to meet the fiscal year 2007 and 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Coalition of Public Safety (Unit 5), and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....................................... $2,122,427

1599-4253
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the New England Police Benevolent Association (Unit 4A), and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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.............................. $289,625

1599-4254
For a reserve to meet the fiscal year 2007 and 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Middlesex sheriff’s department and the New England Police Benevolent Association, and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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..... $1,881,440

1599-4255
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Norfolk county sheriff and the National Association of Government Employees, Local RI 202, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....... $137,184

1599-4256
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the board of higher education and Massachusetts State College Association, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....................................... $3,677,831

1599-4257
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the American Federation of State, County and Municipal Employees, Local 1776, AFL-CIO (Unit A01) at the Amherst campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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......................................... $552,528

1599-4258
For a reserve to meet the fiscal year 2007 and 2008 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 432 (A&B Units) (Unit A06) at the Amherst campus, and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................ $246,923

1599-4259
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the University Staff Association/MTA/NEA (Unit A08) at the Amherst campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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 $843,990

1599-4260
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Non-Exempt Supervisors Unit, Unit B/MTA/NEA (Unit A15) at the Amherst campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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 $52,723

1599-4261
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA (Units A50 and B40) at the Amherst and Boston campuses, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....................................... $5,151,329

1599-4262
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Professional Staff Union/MTA/NEA (Units A52 and B42) at the Amherst and Boston campuses, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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.......................................................... $2,811,373

1599-4263
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Classified Staff Union/MTA/NEA (Units B31 and B32) at the Boston campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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 $414,958

1599-4264
For a reserve to meet the fiscal year 2007 and 2008 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 (Unit B33) at the Boston campus, and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................. $72,917

1599-4265
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation (Units D80 and D81) at the Dartmouth campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....................................... $1,252,284

1599-4266
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, AFL-CIO (Unit D82) at the Dartmouth campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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......................................... $230,472

1599-4267
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Federation of Maintenance and Custodial Employees, MFT, AFT, AFL-CIO (Unit D83) at the Dartmouth campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................ $121,816

1599-4268
For a reserve to meet the fiscal year 2007 and 2008 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 (Unit D84) at the Dartmouth campus, and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................ $102,340

1599-4269
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit (Unit D85) at the Dartmouth campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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......................................... $416,979

1599-4270
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Massachusetts Society of Professors/Lowell/MTA/NEA (Unit L90) at the Lowell campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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.......................................................... $1,537,942
1599-4271 For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the MTA/NEA Clerical/Technical Unit (Unit L92) at the Lowell campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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........ $56,484

1599-4272
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the MTA/NEA Maintenance/Trades Unit (Unit L93) at the Lowell campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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....... $130,864

1599-4273
For a reserve to meet the fiscal year 2007 and 2008 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 (Unit L94) at the Lowell campus, and to meet the fiscal year 2007 and 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................ $101,778

1599-4274
For a reserve to meet the fiscal year 2008 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the university of Massachusetts and the Service Employees International Union, Local 888 (Unit L95) at the Lowell campus, and to meet the fiscal year 2008 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 these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; 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 2008 amounts that are 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............................................................ $864,618

Human Resources Division

1750-0102
The human resources division may expend not more than $1,627,500 from revenues collected from fees charged to applicants for civil service and non-civil service examinations and fees charged for the costs of goods and services rendered in administering training programs; provided, that the division shall collect from participating non-state agencies, political subdivisions, and the general public fees sufficient to cover all costs of the programs, including, but not limited to, a fee to be collected from each applicant for a civil service examination or non-civil examination, notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the division 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 $300,000

Information Technology Division

1790-0300
The information technology division may expend not more than $601,850 from revenues collected from the provision of computer resources and services to the general public for the costs of the bureau of computer services, including the purchase, lease or rental of telecommunications lines, services and equipment........... $122,500

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance

4403-2007
For the department of transitional assistance to develop and implement a nutritional benefit program for low-income workers beginning October 1, 2007; provided, that benefits shall be provided only to those whose receipt of these benefits will improve the work participation rate under the federal program of temporary assistance for needy families................................................................... $1,200,000

Department of Public Health

4513-1010 For the department of public health; provided, that said department may expend not more than $5,500,000 in revenue received from the collection of federal financial participation for early intervention services delivered to Medicaid-eligible children by developmental educators and professionals in related disciplines; provided further, that nothing in this item shall give rise to or shall be construed as giving rise to enforceable legal rights to any such services or an enforceable entitlement to the services funded in this item; and provided further, that the revenue may be used to pay for current and prior year claims........................................................ $1,000,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2008, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2008. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

OFFICE OF THE STATE COMPTROLLER
Office of the Comptroller

1000-0008............................................................... $150,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division

1750-0101............................................................... $300,000

Information Technology Division

1790-0200............................................................... ................................................................... $5,000,000

SECTION 3. Section 63 of chapter 10 of the General Laws is hereby amended by inserting after the words “funds of the commonwealth”, in lines 24 and 25, as appearing in the 2006 Official Edition, the following words:- , certain sums recovered pursuant to section 83 of chapter 4 of the acts of 2003, any sums received by the commonwealth related to insurance programs or policies for the Central Artery/Ted Williams Tunnel Project, in this section called the project, sums received by the Massachusetts Turnpike Authority from the sale, lease, license or other use of any land or facility that the authority is required by law or contract to pay to the commonwealth for costs of the project or to reimburse the commonwealth for costs of the project, and.

SECTION 4. Said section 63 of said chapter 10, as so appearing, is hereby further amended by striking out the fifth and sixth paragraphs and inserting in place thereof the following paragraph:-
At the direction of the secretary of the executive office of administration and finance, the comptroller shall make payments from the fund established pursuant to this section, without further appropriation, for the purposes specified in this section.

SECTION 5. Said chapter 10 is hereby further amended by inserting after section 63 the following section:-

Section 63A. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Central Artery/Tunnel Project Repair and Maintenance Trust Fund, in this section called the fund. The secretary of the executive office of transportation and public works shall administer the fund and shall be its trustee. The executive office of transportation and public works shall disburse monies from the fund solely for the purpose of paying the costs of, or reimbursing the commonwealth or the Massachusetts Turnpike Authority for costs incurred in connection with, repairs and maintenance of the central artery and the Ted Williams tunnel, as those terms are defined in section 3 of chapter 81A, if such repairs and maintenance relate to conditions not caused by ordinary or routine wear and tear. For purposes of this section, the term “repairs and maintenance” shall include, without limitation, repairs, maintenance, inspection, monitoring, and testing of the central artery, the Ted Williams tunnel and the systems and components thereof. Disbursements from the fund shall not be permitted for, and monies in the fund shall not be used for, the cost of repairs and maintenance relating to conditions caused by ordinary or routine wear and tear.

(b) There shall be credited to the fund all monies received in connection with judgments and settlement payments that are made subject to the condition that such judgments and settlements be used for non-routine, non-ordinary repairs and maintenance of the central artery and the Ted Williams tunnel. The state treasurer shall invest amounts credited to the fund in accordance with section 38 of chapter 29. Any income derived from these investments shall be credited to the fund.

(c) No monies shall be disbursed from the fund unless: (i) the secretary of the executive office of transportation and public works certifies, in writing, that the requested disbursements conform with the purpose of the fund as set forth in subsection (a); and (ii) the Federal Highway Administrator, or his designee, approves the disbursement, in writing as conforming with the fund's purpose. The executive office of transportation and public works shall keep written records specifying the amount of each approved disbursement and a description of the work for which the disbursement was approved. Annually, on or before April 1, the secretary of the office of transportation and public works shall submit a report to the attorney general, the United States Attorney for the District of Massachusetts and the Federal Highway Administration, which shall include a list of each disbursement from the fund made during the preceding 12 months, the purpose of each disbursement, and the balance remaining in the fund.

(d) If the fund or this section is abolished or altered in any way to authorize disbursements for any purpose other than those specified in subsection (a), 60 per cent of the fund balance at that time shall revert to the United States and be paid in a form and manner to be determined by the United States Attorney’s Office for the District of Massachusetts. Sixty per cent of any monies remaining in the fund as of January 1, 2083, shall revert to the United States and be paid in a form and manner to be determined by the United States Attorney’s Office for the District of Massachusetts. Notwithstanding any other provision of this section, the United States Department of Justice and the commonwealth may agree in writing to maintain the fund beyond January 1, 2083 and may agree, in writing, to modify the purpose of the fund on or after January 1, 2083 to include repairs and maintenance of other highway roads or structures in the commonwealth built with federal financial assistance.

(e) If material disbursements are made for any purpose other than those permitted purposes those as specified in subsection (a), the United States Attorney for the District of Massachusetts, subject to Federal Highway Administration consultation and Department of Justice review and approval, may direct that up to 60 per cent of the fund balance at that time revert to the United States and be paid in a form and manner to be determined by the United States Attorney's Office for the District of Massachusetts. The Department of Justice shall consult with the attorney general before approving any reversion under this subsection.

(f) All records of the fund, including the transactions of the fund, shall be public records unless otherwise exempted by law.

SECTION 6. Subsection (d) of section 2C of chapter 64C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- The secretary may incur expenses for, and the comptroller may certify for payment, amounts from the fund not to exceed the most recent revenue estimate in the state accounting system for the fiscal year; provided, however, that no expenditure shall cause the fund to be out of balance at the end of any fiscal year.

SECTION 7. The fourth sentence of subsection (b) of section 2 of chapter 111M of the General Laws, as appearing in section 13 of chapter 58 of the acts of 2006, is hereby amended by inserting after the words “creditable coverage” the following words:- available through the commonwealth health insurance connector.

SECTION 8. Section 83 of chapter 4 of the acts of 2003 is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Notwithstanding any general or special law or contract to the contrary, any sums recovered pursuant to this section shall be deposited in the Central Artery and Statewide Road and Bridge Infrastructure Fund established under section 63 of chapter 10 of the General Laws except that monies received from the settlement of United States v. Aggregate Industries Northeast Region, Criminal Action No. 07-10242-JLT (D. Mass. 2007) and monies received in connection with future judgments and settlement payments that are made subject to the condition that such judgments and settlements be used for non-routine repairs and maintenance of the central artery and the Ted Williams tunnel shall be deposited in the Central Artery/Tunnel Project Repair and Maintenance Trust Fund, established pursuant to section 63A of chapter 10 of the General Laws.

SECTION 9.
Item 2800-0105 of section 2E of chapter 352 of the acts of 2004, as amended by section 24 of chapter 140 of the acts of 2007, is hereby further amended by inserting after the words “Houghton Pond” the following words:- ; provided further, that not less than $300,000 of the $900,000 earmarked for Houghton Pond shall be expended for renovations including irrigation to the Houghton Pond athletic fields.

SECTION 10. The first sentence of section 9 of chapter 305 of the acts of 2006 is hereby amended by striking out the word “December 31, 2007” and inserting in place thereof the following word:- December 31, 2008.

SECTION 11.
Item 1410-0400 of section 2 of chapter 61 of the acts of 2007 is hereby amended by adding the following words:- ; and provided further that the secretary may transfer up to $787,875 from item 1410-0300 for fuel allowance for recipients of said chapter 115.

SECTION 12.
Item 4100-0060 of said section 2 of said chapter 61 is hereby amended by striking out the words “for the first 3 months of fiscal year 2008” and inserting in place thereof the following words:- for the period from January 1, 2008 through March 31, 2008, - by striking out the words “provided further, that using said data, the division shall also estimate the program savings for fiscal year 2008” and inserting in place thereof the following words:- provided further, that using said data, the division shall also estimate the program savings for fiscal year 2009, - and by striking out the word “November 15, 2007” and inserting in place thereof the following word:- August 15, 2008.

SECTION 13.
The last sentence of section 26 of chapter 428 of the acts of 2006 is hereby amended by striking out the word “December 1, 2007” and inserting in place thereof the following word:- December 31, 2008.

SECTION 14. Item 1790-2015 of section 2 of chapter 27 of the acts of 2007 is hereby amended by adding the following words:- ; provided, however, that any federal reimbursement received in connection with projects funded from this item may be retained and expended for the purposes of the project, without further appropriation; and provided, further, that the executive office of health and human services shall file a quarterly report with the executive office for administration and finance, the house and senate committees on ways and means, and the joint committee on bonding, capital expenditures and state assets that details, by project, an annual estimate of anticipated federal reimbursement to be received on behalf of and expended for the project, as well as year-to-date actual federal reimbursement received and year-to-date actual expenditures of the reimbursement, by project.

SECTION 15. The last sentence of section 82 of chapter 61 of the acts of 2007 is hereby amended by striking out the word “December 31, 2007” and inserting in place thereof the following word:- August 15, 2008.

SECTION 16. Item 1790-0200 of said section 2B of said chapter 61 is hereby amended by adding the following words:— ; and provided further, that any unspent balance at the close of fiscal year 2008 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for that item in fiscal year 2009.

SECTION 17. Item 1000-0008 of section 2B of said chapter 61 is hereby amended by adding the following words:- ; provided, that not less than $150,000 shall be expended to assist the Massachusetts Turnpike Authority in managing its funds through the MMARS system.

SECTION 18. Item 8000-0202 of said section 2 of said chapter 61 is hereby amended by striking out the words “no funds shall be expended in the AA object class; and provided further, that”.

SECTION 19. Section 58 of chapter 140 of the acts of 2007 is hereby amended by striking out the words “and $7,000,000 to the Massachusetts Cultural Facilities Fund established in section 42 of chapter 23G of the General Laws” and inserting in place thereof the following words:- and $7,000,000 to the Massachusetts Cultural Facilities Fund established pursuant to section 42 of chapter 23G of the General Laws to be expended as qualified investments to applicants, as those terms are defined in said section 42 of said chapter 23G; provided further, that $5,500,000 of said $7,000,000 shall be expended as qualified investments to applicants with an annual operating budget of less than $5,000,000.

SECTION 20.
Notwithstanding any general or special law to the contrary, the comptroller may extend access to the state accounting system, the state payroll system, or to both, to any state authority, as defined in section 1 of chapter 29 of the General Laws, to assist such authority in managing its funds, which funds shall be maintained and accounted for separately from other commonwealth funds. An authority accessing the state accounting system pursuant to this section shall pay implementation costs incurred and ongoing, periodic estimated costs or reimbursements of all costs associated with such access including, but not limited to, data center costs, staff time, banking fees, auditing costs and any other costs of use, which may be charged back to the authority against funds residing on the state accounting system. These funds shall be allocated to the appropriate central service agencies which may retain and expend the funds, without further appropriation, for costs incurred. Notwithstanding any restriction of funding source or payee type, any payments processed through the state accounting system shall be available to be intercepted to offset debt properly due the commonwealth. Unless otherwise provided by general law, the use of these systems by a state authority shall not subject the authority to any requirements related to commonwealth funds.

SECTION 21.
Notwithstanding any general or special law or contract to the contrary, any disbursements from the Central Artery/Tunnel Project Repair and Maintenance Trust Fund to reimburse the commonwealth or the Massachusetts Turnpike Authority for costs incurred before the effective date of this act shall be deposited in the Central Artery and Statewide Road and Bridge Infrastructure Fund established pursuant to section 63 of chapter 10 of the General Laws.

SECTION 22. Notwithstanding chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may, on behalf of the executive office of health and human services, the department of transitional assistance and the department of industrial accidents, renegotiate the facilities leases at 600 Washington street in the city of Boston by such office and departments to extend the leases thereof for a period not to exceed 3 years beyond the 10-year limitation provided in section 40G of said chapter 7, notwithstanding the expiration of those leases on or before the effective date of this section.

SECTION 23. Notwithstanding any general or special law, rule or any regulation promulgated thereunder, or any municipal ordinance or by-law to the contrary, the division of capital asset management and maintenance may demolish, or cause to be demolished, a certain building located on the former Medfield State Hospital campus known as CO2X (TB Cottage). All costs associated with said demolition shall be assumed by the licensee under an agreement with said division.

SECTION 24. Section 7 shall take effect as of January 1, 2008.

SECTION 25. Section 14 shall take effect as of July 1, 2007.

Approved January 4, 2008


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