The Commonwealth of Massachusetts 
 

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In the Year Two Thousand and Twelve

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AN ACT IMPLEMENTING FISCAL STABILITY MEASURES FOR FISCAL YEAR 2013. 


 

Whereas, The deferred operation for this act would tend to defeat its purpose, which is forthwith to implement fiscal stability measures for fiscal year 2013, 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 2013, 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, 2013. 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.

0321-1510............................................................................... $25,000,000

 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves.

1599-3384................................................................................ $5,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

 

Department of Developmental Services.

5930-1000............................................................................... $11,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development

7004-0101............................................................................... $39,000,000

7004-9316................................................................................ $5,300,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY

Military Division.

8700-1150................................................................................ $2,500,000

 

 

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, 2013.  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
Reserves

1599-1712 For a reserve for costs incurred in response to Hurricane Sandy storms; provided, that the comptroller shall transfer funds made available in this item to other departments for this purpose upon the written request of the secretary of administration and finance; and provided further, that expenditures from this item shall be offset by federal reimbursements to the extent available ................................... $3,000,000

1599-2007 For a reserve for costs incurred in implementing chapter 224 of the acts of 2012..............................................................................$3,000,000

Reduce Unrestricted General Government Aid Appropriations

SECTION 3.  (a) Item 1233-2350 of section 2 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$898,980,293” and inserting in place thereof the following figure :- $889,990,490.

(b) The unrestricted general government aid appropriated to each municipality in section 3 of said chapter 139 shall be reduced by 1 per cent.

(c) The state lottery commission shall file a report estimating total net operating revenues for fiscal year 2013 with the secretary of administration and finance and the comptroller, not later than June 15, 2013.   If that estimate exceeds the total net operating revenues forecast by the state lottery commission in its October 15, 2012 report, the amounts appropriated in said item 1233-2350 and to each municipality in said section 3, as reduced by subsections (a) and (b), shall be increased proportionate to the amount of that excess, as determined by the comptroller, and the increased amounts shall be included in the final unrestricted general government aid payments to municipalities for fiscal year 2013.

Reduce Debt Service Appropriation 

SECTION 4.   Item 0699-0015 of section 2 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$2,047,001,671” and inserting in place thereof the following figure :- $1,968,056,853.

Reduce Debt Service Appropriation 

SECTION 5.   Item 0699-9100 of section 2 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$29,131,247” and inserting in place thereof the following figure :- $16,384,477.

Reduce MATF Transfer

SECTION 6.   Item 1595-1068 of section 2E of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$566,306,556” and inserting in place thereof the following figure :- $564,931,556.

Reduce MTTF Transfer

SECTION 7.   Item 1595-6368 of section 2E of chapter 139 of the acts of 2012 is hereby amended by striking out the figure “$166,591,136” and inserting in place thereof the following figure :- $161,713,136.

Increase Stabilization Fund Transfer

SECTION 8.  The first sentence of subsection (a) of section 160 of said chapter 139 is hereby amended by striking out the figure “$350,000,000” and inserting in place thereof the following figure:- $550,000,000.

SSYI and ELL Grants

SECTION  9.  Section 187 of said chapter 139 is hereby repealed.

Expanded Allotment and 9C Authority

SECTION 10.   Notwithstanding any general or special law to the contrary, during fiscal year 2013, the power of the governor or the secretary of administration and finance to allot funds under section 9B of chapter 29 of the General Laws shall extend to any monies appropriated by the general court. The procedures in section 9C of said chapter 29 shall apply to allotments under this section.

CCTF Transfer Flexibility

SECTION 11.   Notwithstanding any general or special law to the contrary, the secretary of administration and finance may reduce the transfer to the Commonwealth Care Trust Fund in item 1595-5819 of section 2E of chapter 139 of the acts of 2012, if he determines that expenditures from the Fund are lower than anticipated or that revenue to the Fund is higher than anticipated.

Line-item Transferability

SECTION 12.   Notwithstanding any general or special law to the contrary, the secretary of administration and finance may authorize the transfer of funds from any item of appropriation for fiscal year 2013 for any executive branch agency to any other item of appropriation for that agency or within its executive office. No transfer authorized by this section shall exceed 5 per cent of the amount appropriated for an item. The secretary of administration and finance shall notify the house and senate committees on ways and means 15 days before a transfer pursuant to this section.

Non-9C Reductions

SECTION 13.  Notwithstanding any general or special law to the contrary, the amounts appropriated for fiscal year 2013 as of December 1, 2012 for departments or agencies not subject to section 9C of chapter 29 of the General Laws shall be reduced by 1 per cent, unless within 14 days after the effective date of this act, the department or agency head files with the clerks of the senate and house of representatives, the secretary of administration and finance, and the comptroller, a statement specifying the same total amount of reductions allocated among the items of appropriation for that department or agency.  This statement shall operate as a statutory reduction of the specified appropriations by the specified amounts.  For the purpose of this section, the items for the judicial department shall be items 0320-0003 to 0339-2100, inclusive, and the department head of the judicial department shall be the chief justice of the supreme judicial court, the chief justice of the trial court, and the trial court administrator, acting jointly.

Collective Bargaining Transferability and Validation

SECTION 14.  (a) The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

  1. between the commonwealth and the Massachusetts Nurses Association, Unit 7;
  2. between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25 (Unit B33), for the Boston campus;
  3. between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Faculty Federation (Units D80 and D81), for the Dartmouth campus; and
  4. between the University of Massachusetts and the Federation of Maintenance and Custodial Employees, MFT, AFT, AFL-CIO (Unit D83), for the Dartmouth campus.

(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance may transfer funds among items 1599-4440, 1599-4441, 1599-4442, 1599-4443, and 1599-4444 of section 2 of chapter 139 of the acts of 2012.