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Budget Recommendations

Outside Section 12


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General Care and Control Authority

SECTION 12.   Section 40F of said chapter 7, as appearing in the 2002 Official Edition, is hereby amended by striking out lines 35 through 59, inclusive, and inserting in place thereof the following paragraph:-
          The commissioner, with the written approval of the secretary for administration and finance, may transfer use of, and responsibility for maintenance of, land, buildings, including equipment therein, and other real property of the commonwealth within, between, or among state agencies ,including, without limitation, to or from the division of capital asset management and maintenance, and between state agencies and the judiciary. Provided however, that such transfer authority shall not apply to the state house or real property under the care and control of the department of conservation and recreation, the department of fish and game, the department of agricultural resources, or the division of fisheries and wildlife. Any such transfer shall be based on a determination, made by the commissioner after consultation with the executive offices in which any affected agencies are located, and with the chief justice of the administrative office of the trial court in the case of a transfer involving the judiciary, that such property is not needed, is underutilized, or is not being put to optimum use under current conditions. The commissioner shall notify the house and senate committees on ways and means not less than 30 days prior to the effective date of any such transfer. The 30-day notification requirement may be waived if the commissioner certifies in writing that an emergency exists. Nothing herein shall be construed as diminishing any powers granted to the executive office of transportation or the department of highways pursuant to chapter 6A, chapter 81 or chapter 161C, or any other general or special law relating to the executive office of transportation or the department of highways, as now or hereafter amended.