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Budget Recommendations

Preamble and Section 1

 
T H E C O M M O N W E A L T H OF M A S S A C H U S E T T S




In the Year Two Thousand and Three


          AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2004 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS, AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND, AND SERIAL BOND REQUIREMENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS.

          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 the maintenance of the several departments, boards, commissions, institutions, and other services, for certain permanent improvements, and to meet certain requirements of law, the sums set forth as state appropriations in sections 2 and 3 for the several purposes and subject to the conditions specified in sections 2 and 3 are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June 30, 2004. The sums set forth as federal appropriations in section 2 for the several purposes and subject to the conditions specified in section 2 are hereby appropriated from the General Federal Grants Fund, subject to the provisions of law regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June 30, 2004; provided, that federal funds received in excess of the amount appropriated in section 2 shall be expended only in accordance with the provisions of section 6B of chapter 29 of the General Laws; and provided further, that the amounts of any unexpended balances of federal grant funds received prior to June 30, 2003, and not included as part of an appropriation item in section 2, are hereby made available for expenditure during fiscal year 2004, in addition to any amounts appropriated in section 2. Appropriations within section 2 are made at the sub account level within an overall master account structure, so called; provided further, that notwithstanding the provisions of any general or special law to the contrary, cabinet secretaries, including the secretary of the commonwealth and the treasurer and receiver-general, or their designees, are hereby authorized to transfer up to 5 per cent or $250,000, whichever is less, of the amount appropriated in a budgetary direct appropriation sub account in section 2 to other budgetary direct appropriation sub accounts within the master account, with 10 day prior notification to the secretary of administration and finance; provided further, that an additional 20 per cent or $1,000,000, whichever is less, of the amount appropriated in a budgetary direct appropriation sub account in section 2 may be transferred to other budgetary direct appropriation sub accounts within the master account, subject to prior approval by the secretary of administration and finance and prior notification to the house and senate committees on ways and means; provided further, that an additional 25 per cent or $1,250,000, whichever is less, of the amount appropriated in a budgetary direct appropriation sub account in this section may be transferred to other budgetary direct appropriation sub accounts within the master account 20 days after notification to the secretary of administration and finance and the house and senate committees on ways and means where no written denial of said transfer has been received; provided further, that an additional 50 per cent or $2,500,000, whichever is less, of the amount appropriated in a budgetary direct appropriation sub account in this section may be transferred to other budgetary direct appropriation sub accounts within the master account with prior approval from the secretary of administration and finance and the house and senate committees on ways and means. Notwithstanding the provisions of any general or special law to the contrary, the agencies to which amounts are appropriated in section 2 from the Intragovernmental Service Fund are hereby authorized to expend said amounts for the provision of goods and services to agencies receiving appropriations in section 2; provided, that all such expenditures shall be accompanied by a corresponding transfer of funds from an appropriation in section 2 to the Intragovernmental Service Fund; provided further, that no expenditure shall be made from the Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year 2004; provided further, that any balance remaining in the Intragovernmental Service Fund at the close of fiscal year 2004 shall be transferred to the General Fund; provided further, that Intragovernmental Service Fund appropriations shall be exempt from fringe and indirect cost charges pursuant to section 6B of chapter 29 of the General Laws; and provided further, that agencies with Intragovernmental Service Fund spending authorization may retain and expend an additional 10 per cent of said revenues collected after 10-day notification to the secretary of administration and finance, the comptroller, and the house and senate committees on ways and means. All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons. All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth. Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment. Any section, item or any portion of this act shall not give rise, nor shall it be construed as giving rise, to any enforceable right or entitlement not otherwise provided by general or special law or regulation.