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In the Year Two Thousand and Eight
AN ACT MAKING APPROPRIATIONS FOR FISCAL YEAR 2009.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is immediately to make appropriations for the fiscal year beginning July 1, 2008, and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or for 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 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 laws regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June 30, 2009.
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 laws regulating the disbursement of public funds and the approval thereof, for the fiscal year ending June 30, 2009. Federal funds received in excess of the amount appropriated in section 2 shall be expended only in accordance with section 6B of chapter 29 of the General Laws. The amounts of any unexpended balances of federal grant funds received before June 30, 2008, and not included as part of an appropriation item in section 2, are hereby made available for expenditure during fiscal year 2009 in addition to any amounts appropriated in section 2.
Notwithstanding any general or special law to the contrary, the agencies to which amounts are appropriated in section 2 from the Intragovernmental Service Fund may expend those amounts for the provision of goods and services to agencies receiving appropriations in section 2. All such expenditures shall be accompanied by a corresponding transfer of funds from an appropriation in section 2 to the Intragovernmental Service Fund. No expenditure shall be made from the Intragovernmental Service Fund which would cause the fund to be in deficit at the close of fiscal year 2009. Any balance remaining in the Intragovernmental Service Fund at the close of fiscal year 2009 shall be transferred to the General Fund. Intragovernmental Service Fund appropriations shall be exempt from fringe and indirect cost charges under section 6B of chapter 29 of the General Laws. Agencies with Intragovernmental Service Fund spending authorization may retain and expend an additional 10 per cent of those 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 disabled 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.
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