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The 193rd General Court of the Commonwealth of Massachusetts

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 purpose, which are forthwith to make supplemental appropriations for fiscal year 2008 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, 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.

SECRETARY OF THE COMMONWEALTH
Office of the Secretary of the Commonwealth

0521-0000............................................................ $195,006

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves

1599-1971......................................................... $27,107,795

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Conservation and Recreation

2820-2000.......................................................... $1,676,322

EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Highway Department

6005-0015.......................................................... $6,025,239
6010-0002.......................................................... $2,862,102
6030-7201......................................................... $38,763,050

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY
Sex Offender Registry Board

8000-0125............................................................ $354,976

Military Division

8700-0001.......................................................... $2,256,619

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.

OFFICE OF THE STATE COMPTROLLER
Office of the State Comptroller

1599-3394.. For payment to the United States Department of Labor for the outstanding balance of the judgment in Jane C. Edmonds v. Elaine L. Chao $7,332,364

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Office of the Secretary of Administration and Finance

1599-4275.. 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 Middlesex sheriff’s department and the Middlesex Superior Officers 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 such agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine the adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover those 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 such amounts as are necessary to meet those costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means................................................ $147,310

1599-4277.. 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 Massachusetts Nurses Association, Unit 7, 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 such agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine the adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover those 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 such amounts as are necessary to meet those costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means.............................................. $2,353,765

1599-4278.. For a reserve to meet the fiscal years 2007, 2008 and 2009 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, at the alcoholic beverages control commission, and to meet the fiscal years 2007, 2008 and 2009 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 the 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 and 2009 such amounts as 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; and provided further, that $63,786 shall be available through June 30, 2009, to provide for the fiscal year 2009 costs of the contract......................................................... $172,247

SECTION 3. Section 87 of chapter 61 of the acts of 2007 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The commission shall file its report, including any legislative or regulatory recommendations, with the clerks of the senate and the house of representatives not later than June 30, 2008.

SECTION 3A. 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, as most recently amended by section 4A of chapter 16 of the acts of 2007, is hereby further amended by inserting after the words “financial services,” the following words:- and the senate and the house chairmen of the joint committee on revenue.

SECTION 3B. Said fifth sentence of said section 3 of said chapter 192 is hereby further amended by inserting after the word “technologies”, as appearing in section 4A of chapter 16 of the acts of 2007, the following words:- and the house vice chairman of the committee on revenue.

SECTION 4. Notwithstanding any general or special law to the contrary, the comptroller shall grant a 1-time partial waiver of deductions for pensions, group health, life insurance or other fringe costs recovered on behalf of federally-reimbursed state employees in the department of workforce development; provided, however, that these costs shall not exceed $4,892,543. The waiver shall apply for fiscal year 2008 only.

Approved March 21 , 2008