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| Executive Office of Public Safety |
| Department of State Police |
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Off Budget Intragovernmental Service Fund
SECTION 61.
Chapter 29 of the General Laws, as amended, is hereby further amended by inserting the following new section:-
Section 2OOO. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Non-Budgeted Governmental Fund. The fund shall be used to properly account for non-budgeted revenue accounts used for governmental purposes as determined by the comptroller in accordance with Generally Accepted Accounting Principles. Revenues may be retained and expended without further appropriation. The comptroller may approve encumbrances and authorize departments to incur obligations in anticipation of expected receipts. Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund. No expenditures from said fund shall be authorized that would cause said fund to be in deficit at the end of any fiscal year. Furthermore, the comptroller shall have discretion to include in this fund the balances and activities of accounts previously authorized by special or general law and reported in funds other than budgeted funds that have a governmental nature as determined by the comptroller in accordance with Generally Accepted Accounting Principles.
The following subsections describe certain internal governmental services for which the actual costs of providing the identified services, which may include, but shall not be limited to, personnel costs, administrative expenses, materials and contract services, shall be charged to state agencies using these services, and revenues may be retained and expended by the agency providing the service without further appropriation for the purposes of funding these services:
(a) The bureau of state office buildings may charge other agencies reimbursement for overtime expenses, materials and contract services purchased in performing renovation and related services for agencies occupying state buildings or for services rendered to approved entities utilizing state facilities.
(b) The bureau of state office buildings may charge the division of unemployment assistance, or other agency occupying the Hurley state office building for the costs of operation and maintenance of the space.
(c) The office of the state comptroller may charge state agencies' current fiscal year appropriations for the payment of prior year deficiencies and transfer amounts equivalent to the amounts of any prior year deficiency, so-called, subject to the conditions stated herein. The comptroller shall only assess chargebacks to those current fiscal year appropriations when the account to which the chargeback is applied is the same account to which the prior year deficiency pertains or, if there is no such account, to the current fiscal year appropriation for the general administration of the department that administered the account to which the prior year deficiency pertains. No chargeback shall be made which would cause a deficiency in any current fiscal year item of appropriation. The comptroller shall report on a quarterly basis to the house and senate committees on ways and means all chargebacks assessed, including the amount of the chargeback, the item of appropriation, subsidiary charged and the reason for the prior year deficiency.
(d) The office of the state comptroller may charge state agencies for the cost of the commonwealth's employer contributions to the Unemployment Compensation Fund and the Medical Security Trust Fund; provided, that the secretary of administration and finance shall authorize the collection, accounting and payment of such contributions. In executing these responsibilities the state comptroller may charge, in addition to individual appropriation accounts, certain non-appropriated funds in amounts that are computed on the same basis as the commonwealth's contributions are determined, including expenses, interest expense or related charges.
(e) The information technology division may charge user agencies for the costs of postage, including but not limited to the purchase, delivery, handling of and contracting for supplies, postage fees and related equipment and other incidental expenses.
(f) The department of conservation and recreation may charge user agencies for the costs of operating the department's telecommunications system; provided, that nothing in this clause shall diminish or impair the rights of access or utilization of all current users of the system pursuant to agreements which have been entered into with the department.
(g) The department of conservation and recreation may charge user state agencies for the costs of purchasing fuel, oil and other associated products.
(h) The department of highways may charge user state agencies for the costs of the purchase of bulk fuel for certain vehicles under the authority of the operational services division and the cost of purchased fuel for other state agencies and for certain administrative expenses related to purchasing and distributing the fuel.
(i) The department of state police may charge for the costs of overtime associated with requested police details; provided, that for the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the department of state police may incur expenses and the comptroller may certify for payment amounts not to exceed the most recent revenue estimate therefore as reported in the state accounting system.
(j) The department of state police may charge user agencies for the costs of operating the department's telecommunications system; provided, that nothing in this section shall diminish or impair the rights of access or utilization of all current users of the system pursuant to agreements which have been entered into with the department.
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Commercial Vehicle Regulations
SECTION 165.
Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after section 19J the following section:-
Section 19K. The registrar is hereby authorized and directed to promulgate rules and regulations to ensure compliance by all interstate and intrastate motor carriers with this chapter and with:
(a) the regulations of the United States Department of Transportation, Federal Motor Carrier Safety Administration, contained in Title 49 of the Code of Federal Regulations relative to:
(i) proof of financial responsibility;
(ii) driver qualification files (including all required forms);
(iii) drug and alcohol testing records as applicable;
(iv) records of duty status and supporting documents;
(v) driver vehicle inspection reports and maintenance records;
(vi) hazardous materials records as applicable; and
(vii) an accident register and copies of all accident reports required by state or other governmental entities or insurers.
(b) sections 2, 3, 9 and 10 relative to operator licensing and registration of commercial vehicles;
(c) section 2B of chapter 85, section 31 of chapter 90, and any regulation established thereunder relative to transportation of freight, passengers or hazardous materials;
(d) chapter 90F, relative to the operation of commercial vehicles; and
(e) any other applicable state statute pertaining to the operation of commercial motor vehicles.
The department of state police may enter, during regular business hours, the commercial premises owned or leased by any commercial carrier, wherein such records required to be maintained under the regulations established under this section are stored or maintained, and inspect, in a reasonable manner, said records for the purpose of enforcing said regulations. If such records contain evidence of violations of said regulations, the inspecting officer shall produce and take possession of copies of said records, and in the event that the entity subject to inspection does not possess copying equipment, the inspecting officer shall arrange to have copied, in a reasonable time and manner, such records that contain evidence of such violations, and the costs for such copying shall be assessed against the owner of said records.
Any carrier found to be in violation of regulations established under this section shall be subject to a civil penalty not to exceed $500 for each offense, and each day of a violation shall constitute a separate offense; provided, however, that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If it is found that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, a civil penalty not to exceed $1,000 may be imposed for each offense; provided, however, that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If it is found that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, a civil penalty not to exceed $10,000 for each offense may be imposed. With the exception of recordkeeping violations and violations of chapter 90F or such other regulations established under this section relating to commercial driver's licenses, as defined in section 1 of chapter 90F, no civil penalty shall be imposed under this section against an employee of a motor carrier for a violation unless such employee's conduct is found to constitute gross negligence or reckless disregard for safety, in which case such employee shall be subject to a civil penalty not to exceed $1,000. Any person found to have committed an act in violation of chapter 90F or regulations established under this section relating to commercial driver's licenses shall be subject to a civil penalty not to exceed $2,500 for each offense.
The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by a court of competent jurisdiction, and all penalties so recovered shall be paid to the Highway Fund of the commonwealth.
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State Police and State Racing Commission
SECTION 203.
Section 8 of chapter 128A of the General Laws, as so appearing, is hereby amended by striking out the words, in lines 1, 2, 15, and 33, "public safety" and inserting in place thereof the following:- state police.
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State Police and State Racing Commission
SECTION 204.
Said section 8 of said chapter 128A, as so appearing, is hereby further amended by striking out, in line 18, the words "commissioner of public safety" and inserting in place thereof the following:- colonel of state police.
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Retained Revenue Advance Spending Authority
SECTION 322.
Notwithstanding the provisions of any general or special law to the contrary, for purposes of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, departments may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of the appropriated amount or the most recent revenue estimate therefor as reported in the state accounting system for the following items appearing in section 2 of this act: 0330-3333, 0910-0210, 1102-3205, 1102-3214, 1102-3231, 1150-5104, 1201-0130, 1310-1001, 1750-0102, 1775-0600, 1775-0900, 1775-1100, 1790-0300, 2200-0102, 2810-2040, 2820-4420, 2820-4421, 4000-0320, 4110-0003, 4120-5050, 4125-0101, 4180-1100, 4190-0102, 4190-1100, 4510-0099, 4510-0615, 4510-0616, 4510-0712, 4513-1012, 4516-0263, 4516-1022, 4518-0200, 4590-0912, 4590-0913, 4800-0091, 5047-0002, 5982-1000, 7004-9315, 8000-0122, 8100-0006, 8100-0011, 8200-0222, 8315-1020, 8315-1025, 8400-0033, 8900-0045, 8910-0160, 8910-1111, 8910-2222, and 8910-6619 .
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