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Session Law

2009

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Chapter 102 AN ACT RELATIVE TO SHERIFFS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2010 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 2010, 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, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Barnstable Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8200.. For the operation of the Barnstable sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services .............................................................................$10,588,350

8910-8210.. For the Barnstable sheriff’s department which may expend for the operation of the department an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; provided, 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 department 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...... $250,000

Bristol Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8300.. For the operation of the Bristol sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; and provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009.................................. $13,628,167

8910-8310.. For the Bristol sheriff’s department which may expend for the operation of the department an amount not to exceed $6,500,000 from revenues received from federal inmate reimbursements; provided, 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 department 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.... $6,500,000

Dukes Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8400.. For the operation of the Dukes sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services ...................................................................................................$1,283,882

Nantucket Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8500.. For the operation of the Nantucket sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009 .................................... $391,296

Norfolk Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8600.. For the operation of the Norfolk sheriff’s department provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services ......................................................................................................$11,435,979

8910-8610.. For the Norfolk sheriff’s department which may expend for the operation of the department an amount not to exceed $2,500,000 from revenues received from federal inmate reimbursements; provided, 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 department 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.... $2,500,000

Plymouth Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8700.. For the operation of the Plymouth sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009 ............................. $11,971,689

8910-8710.. For the Plymouth sheriff’s department which may expend for the operation of the department an amount not to exceed $16,000,000 from revenues received from federal inmate reimbursements; provided, 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 department 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... $16,000,000

Suffolk Sheriff’s Department

[The Governor dissaproved of certain language, see Senate, No. 2164.]
8910-8800.. For the operation of the Suffolk sheriff’s department; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than January 1, 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B of chapter 27 of the acts of 2009, not later than June 30, 2010; and provided further, that upon transitioning to the state office of pharmacy services, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services .............................................................................................$42,721,367

8910-8810.. For the Suffolk sheriff’s department which may expend for the operation of the department an amount not to exceed $8,000,000 from revenues received from federal inmate reimbursements; provided, 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 department 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.... $8,000,000

SECTION 3. Section 2 of chapter 27 of the acts of 2009 is hereby amended by striking out item 8910-0000 and inserting in place thereof the following item:-
8910-0000.. For a reserve to provide funds for certain costs of the Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk sheriffs’ departments including, but not limited to, employee health care, retirement and Plymouth correctional facility debt service; provided, that the county finance review board shall distribute the funds appropriated herein through December 31, 2009; provided further, that effective January 1, 2010 the secretary of administration and finance may transfer funds from the sum appropriated in this item to other items of appropriation; and provided further, that the transfers may be expended solely for the purposes authorized by the secretary ..................................................................................................... $162,427,746

SECTION 4. Said section 2 of said chapter 27 is hereby further amended by striking out item 8910-0010 and inserting in place thereof the following item:-
8910-0010.. For the purpose of funding expenses for services provided to inmates of Barnstable, Bristol, Dukes, Norfolk, Plymouth and Suffolk county correctional facilities by the department of public health Lemuel Shattuck hospital in fiscal year 2010; provided, that the department shall notify the comptroller of all such expenses; provided further, that not more than 30 days after receiving such notification the comptroller shall effect the transfer of such amount from this item to item 4590-0903 in section 2B ...................................................................................................... $2,172,244

SECTION 5. The first sentence of section 10 of chapter 61 of the acts of 2009 is hereby amended by striking out the figure “2010” and inserting in place thereof the following figure:- 2011.

SECTION 6. Said section 10 of said chapter 61 is hereby further amended by adding the following sentence:- Each county, and in the case of Suffolk county the city of Boston, shall, not later than June 30, 2010, appropriate and pay to the commonwealth an amount equal to 51.25 per cent of the minimum obligations to fund from its own revenues in fiscal year 2009 the operations of the office of the sheriff for the purpose of covering the unfunded county pension liabilities and other benefit liabilities of the retired sheriff’s office employees that remain in the county retirement systems, as determined by the actuary of the public employee retirement administration commission.

SECTION 7. Said chapter 61 is hereby further amended by striking out section 11 and inserting in place thereof the following section:-
Section 11. Notwithstanding any general or special law to the contrary and except as otherwise provided in this act, any funds including, but not limited to, county correctional funds, deeds excise funds and other sources of income and revenue, credited to the office of a transferred sheriff on December 31, 2009 or received by the county treasury after that date on account of fiscal year 2010 activity through December 31, 2009, shall be paid to the state treasurer, but the county treasurer may pay appropriate fiscal year 2010 sheriff's department obligations after December 31, 2009.

SECTION 8. Section 12 of said chapter 61 is hereby amended by striking out subsection (d).

SECTION 9. Section 19 of said chapter 61 is hereby amended by striking out subsection (b).

SECTION 10. Clause (6) of the third paragraph of section 22 of said chapter 61 is hereby amended by striking out the word “country” and inserting in place thereof the following word:- county.

Approved (in part) September 29, 2009.


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