Legislation Progress

This bill was signed into law on August 08, 2008.

To view the final version of this legislation, click here.

Legislation as Filed

Please note: Below you will find text versions of 3 documents -- the legislation as filed by Governor Patrick, a filing letter to accompany the legislation, and additional filings and descriptions. After being filed, bills are sent to the Massachusetts legislature where they may be amended or altered.

Read the filing letter
Read the bill as filed
Read additional filings and descriptions

Text of Filing Letter

July 13, 2008

To the Honorable Senate and House of Representatives:

I am filing for your consideration "An Act Making Appropriations for the Fiscal Year 2008 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects." This legislation, which recommends Fiscal Year 2008 supplemental appropriations totaling $21.5 million to address immediate deficiencies and $45.4 million for certain spending in Fiscal Year 2009, as set forth below. The supplemental items to fund existing obligations include:
  • $5.3 million for a reserve to support the Executive Office of Public Safety and the Municipal Police Training Committee to expand and enhance police training programs and to implement the recommendations of the special commission on statewide law enforcement;
  • $4.7 million to meet the state's statutory obligation toward Charter School funding;
  • $4.3 million for outstanding payments to business owners through the Underground Storage Tank program that reimburses gas station owners for cleaning up underground tanks consistent with Department of Environmental Protection regulations; and
  • $4 million in a reserve account to assist municipalities for the cost of snow and ice removal during the winter of 2007/2008.

Additionally, this legislation includes outside sections that address both immediate and long term solutions which will allow us to continue to address the Commonwealth's needs in challenging fiscal circumstances.

First, to strengthen our ability to respond to future fiscal problems, this bill transfers an additional $100 million to the Commonwealth Stabilization Fund.

Second, I am requesting your support to enhance my authority to reduce spending under Chapter 29, Section 9C of the General Laws, so that it extends to all aspects of state government. It is imperative that all appropriations are considered so as not to overburden a select few Executive Branch agencies with reductions during a time of fiscal uncertainty. Extending this authority allows for a full review of all state spending.

Third, in the continued spirit of shared responsibility, I am also asking institutional beneficiaries of health care reform to make modest additional contributions towards providing coverage to low-income residents through MassHealth and Commonwealth Care. These additional contributions are companion contributions to those already made by consumers through higher enrollee premiums and co-payments for Commonwealth Care. The proposals include contributions from:

  • employers, by tightening the " Fair Share"; test to generate an additional $33 million from employers, more in line with original expectations of the amounts employers would contribute to help finance health care reform;
  • health insurance companies, by authorizing the Division of Health Care Finance and Policy to develop a one-time, $33 million assessment on excess insurer funds held in reserve;
  • health care providers, by imposing a one-time, $20 million increase in the Health Safety Net Trust Fund assessment paid by providers (with any portion not needed in fiscal year 2009 refunded the next year) and saving an additional $8 million in net funding by eliminating certain specialized hospital rate enhancements; and
  • the state, by authorizing the one-time transfer of up to $35 million in surplus funds currently in the Medical Security Trust Fund (MSTF) towards Commonwealth Care and MassHealth needs ";" with $15 million transferred immediately, and two additional $10 million transfers authorized only if there would remain a sufficient MSTF balance to help fund health insurance for those receiving unemployment benefits.

Fourth, this legislation also establishes several funds to address known needs for fiscal year 2009 that were not included in the General Appropriations Act, which I am signing into law today. These new funds include:

  • Collective Bargaining - It is expected that most of the Commonwealth's unions will be negotiating contracts during fiscal year 2009. This fund, which includes $61.8 million, will allow me to fund the first year of contracts as they are ratified during the fiscal year.
  • Energy Assistance - With the cost of fuel continuing to rise, it is certain that energy costs will continue to be a concern in every household across the Commonwealth. This fund, which includes $20 million for fiscal year 2009, will allow the Commonwealth to assist some citizens with this cost during the winter months.
  • Disaster Recovery - There are certain incidents that have occurred during my term so far that have required immediate action by the state to ensure continued health and safety. Unfortunately, there is no funding source available to address certain immediate needs. I propose transferring up to $5 million from the Stabilization Fund for this purpose.

Fifth, as is customary, this fiscal year's final supplemental appropriation bill also proposes several technical amendments to the general appropriation act for fiscal year 2009, which I am signing today.

Lastly, although their text is not repeated in this bill, I strongly urge your inclusion of several items (line items and outside sections) which I proposed in earlier filings. I have attached a detailed list of these items for your review and action.

Sufficient revenues are estimated to be available to finance these appropriations. I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

Deval L. Patrick

Full Text of Legislation

IN THE YEAR TWO THOUSAND EIGHT

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2008 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2008 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2008, 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, 2008. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Notwithstanding any general or special law to the contrary, appropriations made in section 2 shall not revert and shall be available for expenditure until June 30, 2009.

SECTION 2.

DISTRICT ATTORNEYS

Suffolk District Attorney

0340-0101 ............................................................................................................................ $41,802

Northern District Attorney

0340-0201 ............................................................................................................................ $74,813

Eastern District Attorney

0340-0301 ............................................................................................................................ $27,584

Hampden District Attorney

0340-0501 ............................................................................................................................ $64,973

Northwestern District Attorney

0340-0601 ............................................................................................................................ $37,829

Norfolk District Attorney

0340-0701 ........................................................................................................................... $107,524

Plymouth District Attorney

0340-0801 ............................................................................................................................ $82,151

Bristol District Attorney

0340-0901 ............................................................................................................................ $23,899

Berkshire District Attorney

0340-1101 ........................................................................................................................... $107,955

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-0050 ........................................................................................................................... $983,939

Bureau of State Office Buildings

1102-3302 ........................................................................................................................... $176,000

Department of Revenue

1232-0100 ........................................................................................................................ $4,277,710

Human Resources Division

1750-0300 ........................................................................................................................... $116,780

DEPARTMENT OF EDUCATION

Department of Elementary and Secondary Education

7061-9010 ........................................................................................................................ $4,700,178

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, 2008. Notwithstanding any general or special law to the contrary, appropriations made in this section shall not revert and shall be available for expenditure until June 30, 2009. 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

Office of the Secretary of Administration and Finance

1599-1972 For assistance to cities and towns for costs incurred from snow and ice removal during the winter of calendar years 2007 and 2008; provided, that the division of local services shall devise a formula for distribution of funds to cities and towns based on the formula provided in chapter 90 of the General Laws with modifications as determined by the division.................................................... $4,000,000

1599-4280 For a reserve to meet the fiscal year 2007, 2008 and 2009 costs of salary adjustments and other economic benefits authorized by the December 21, 2006 temporary pay law agreement between the commonwealth and the National Association of Government Employees, and to meet the fiscal year 2007, 2008 and 2009 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positions which otherwise would be covered by this agreement; provided, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the confidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal years 2008 and 2009 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in accordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means $1,000,000

1599-8200 For a reserve to support the efforts of the Executive Office of Public Safety and Security and the Municipal Police Training Committee to expand and enhance the quality and quantity of training programs for the Commonwealth's law enforcement officers, including but not limited to developing training and certification standards for recruit and veteran officers, distance learning capabilities, programs to develop training curricula and to evaluate training programs and instructors, and otherwise to implement the recommendations of the special commission on a statewide law enforcement training program $5,300,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2008, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2008. Notwithstanding any general or special law to the contrary, appropriations made in this section shall not revert and shall be available for expenditure until June 30, 2009. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Department of State Police

8100-0002 ........................................................................................................................... $376,461

SECTION 2C.I. For the purpose of making available in fiscal year 2009 balances of appropriations which otherwise would revert on June 30, 2008, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, and the unexpended balance of all appropriations in the Massachusetts management accounting and reporting system with a secretariat code of 01 or 17, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of the general appropriation act for fiscal year 2008. However, for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 of the general appropriation act; but for items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. The sums re-appropriated in this section shall be in addition to any amounts available for these purposes.

JUDICIARY

Committee for Public Counsel Services

0321-1520 ........................................................................................................................ $1,100,000

Trial Court

0339-1001 ........................................................................................................................ $3,424,698

DISTRICT ATTORNEYS

Norfolk District Attorney

0340-0700 ............................................................................................................................ $93,500

SHERIFFS

Hampden Sheriff's Department

8910-0102 ........................................................................................................................... $150,000

TREASURER AND RECEIVER-GENERAL

Office of the Treasurer and Receiver-General

0610-0000 ........................................................................................................................... $150,000

0610-0050 ........................................................................................................................... $320,000

Massachusetts Cultural Council

0640-0300 ........................................................................................................................... $127,653

OFFICE OF THE STATE COMPTROLLER

Office of the Comptroller

1000-0001 ............................................................................................................................ $70,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1100-1100 ........................................................................................................................... $200,000

1100-1560 ........................................................................................................................... $950,000

1100-2010 ........................................................................................................................... $172,052

1599-0045 ........................................................................................................................ $1,500,000

1599-2005 ........................................................................................................................ $2,155,994

1599-3859 ........................................................................................................................ $1,300,000

1599-4279 ........................................................................................................................... $606,504

Information Technology Division

1790-0100 ........................................................................................................................... $270,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation

2800-0700 ........................................................................................................................... $100,000

2820-0100 ........................................................................................................................... $272,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Office of the Secretary of Health and Human Services

4000-0050 ........................................................................................................................... $200,000

Department of Public Health

4590-0914 ........................................................................................................................... $327,400

EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS

Office of the Secretary of Transportation and Public Works

6000-0300 ........................................................................................................................... $400,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Office of the Secretary of Housing and Economic Development

7002-0013 ........................................................................................................................... $944,640

Business and Technology

7007-0900 ........................................................................................................................... $250,000

Department of Housing and Community Development

7004-0001 ........................................................................................................................... $100,000

Department of Telecommunications and Cable

7006-0071 ............................................................................................................................ $50,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701 ...................................................................................................................... $21,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary of Public Safety and Security

8000-0036 ........................................................................................................................ $4,393,888

8000-0054 ........................................................................................................................ $1,742,752

Department of Fire Services

8324-0000 ........................................................................................................................... $430,000

Military Division

8700-1150 ........................................................................................................................ $2,633,917



CHSB ";" CORI Checks Process Fee for Certified Agencies

SECTION 3. Section 172A of chapter 6 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 2, the figure " $30"; and inserting in place thereof the following figure:- $40.

Renaming the Department of Business Technology -1

SECTION 4. Subsection (a) of section 16G of chapter 6A of the General Laws, as amended by section 6 of chapter 19 of the acts of 2007, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- In the executive office of housing and economic development, there shall be a department of business development, a department of consumer affairs and business regulation, and a department of housing and community development.

Debt Defeasance

SECTION 5. Chapter 10 of the General Laws is hereby amended by inserting after section 35HH the following section:-

Section 35II. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Debt Defeasance Trust Fund, to be used to purchase securities to be held for the credit of sinking funds established under section 49 of chapter 29 for the purpose of paying, at maturity or upon redemption, bonds of the commonwealth.

Disaster Recovery Fund

SECTION 6. Said chapter 10 is hereby further amended by inserting after section 69B, inserted by section 7 of the general appropriation act for fiscal year 2009, the following section:-

Section 69C. (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Disaster Recovery Trust Fund, in this section called the fund. The fund shall consist of monies transferred under subsection (b) and other monies credited or transferred to the fund from any fund or source pursuant to law.

(b) In addition to other emergency powers allowed by law, the governor may declare a state of emergency whenever a catastrophic event, natural disaster, pandemic outbreak, terrorist threat or other occurrence or imminent danger threatens the health, safety or welfare of the people, or the fiscal or economic stability of the commonwealth. Upon notice in writing of the declaration of emergency to the comptroller and the clerks of the senate and the house of representative, there shall be appropriated an amount requested by the governor not to exceed $5,000,000 from the Commonwealth Stabilization Fund, and the comptroller shall transfer that amount into the fund.

(c) The secretary of administration and finance shall be the trustee of the fund. The secretary shall expend monies in the fund without further appropriation to respond to and assist in recover from the emergency declared by the governor under subsection (b).

Economic Stabilization Trust -1

SECTION 7. Section 8 of chapter 23D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the executive office of housing and economic development, but not subject to its jurisdiction, an economic stabilization trust which shall be administered by the secretary of housing and economic development.

SECTION 8. Section 9 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 2 through 4, the words " director of economic development and director of labor and workforce development"; and inserting in place thereof the following words:- secretary of housing and economic development or his designee, the secretary of labor and workforce development or his designee.

SECTION 9. Said chapter 23D is hereby amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. The offices of the trust shall be located within the executive office of housing and economic development. The secretary of housing and economic development, in consultation with the trustees, shall appoint an executive director of the trust. The executive director shall serve as the chief executive, administrative and operational officer of the trust, shall attend meetings of the trust and shall direct the resources and staff of the program to achieve the purposes of sections 8 to 16, inclusive.

Collective Bargaining Reserve Fund

SECTION 10. Chapter 29 of the General Laws is hereby amended by inserting after section 2XXX, as appearing in the 2006 Official Edition, the following section:-

Section 2YYY. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Collective Bargaining Reserve Fund. The fund shall consist of monies credited or transferred to the fund from any fund or source pursuant to law. Monies in the fund shall be expended, subject to appropriation, to pay the costs of collective bargaining agreements under chapter 150E and related costs. The balance in this fund shall not affect the determination of the consolidated net surplus, and the fund shall not be in deficit at any time.

CTR Sweep of Deficient Balances

SECTION 11. Section 5C of said chapter 29, as so appearing, is hereby amended by striking out clause (c) and inserting in place thereof the following clause:-

(c) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from those undesignated fund balances, but no such transfer shall cause a deficit in any of those funds. Before certifying the consolidated net surplus in accordance with this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.

Clarification of A&F's Authority to Charge Indirect Costs

SECTION 12. Said chapter 29 is hereby further amended by striking out section 5D, as so appearing, and inserting in place thereof the following section:-

Section 5D. (a) At the close of each fiscal year, the comptroller shall determine, based on such procedures as are established by the commissioner, the amount expended during the fiscal year from each state fund or accounts comprising such funds, other than the General Fund, for indirect costs and for the compensation of state personnel. On the basis of this determination, the comptroller shall charge each fund or accounts therein an amount for indirect costs and for fringe benefit costs attributable to compensation paid from said other funds, based on an indirect costs rate and on a fringe benefit rate to be set annually by the commissioner of administration. The amount so charged shall be credited to the General Fund. Upon approval by the commissioner, and subject to regulations established by him, the amount of indirect costs, either in whole or in part, charged to an account may be waived. The costs of fringe benefits must, in all cases, be recovered in cash.

(b) The comptroller shall make charges to recover the commonwealth's indirect costs and the cost of fringe benefits provided to or on behalf of any person paid compensation by any state agency, state authority, or public institution of higher education, or by any entity otherwise directly or indirectly receiving state funds, from any source other than a direct expenditure of an appropriation charged to a state fund subject to the preceding paragraph. The comptroller may establish such systems of periodic charges or billings as he considers necessary and appropriate to ensure the recovery of these costs. Any bill rendered for the purpose of recovery of these costs shall be payable to the comptroller within 30 days after receipt of the bill, and all amounts so paid shall be credited to the General Fund.

Enhanced 9C Language

SECTION 13. The first paragraph of section 9B of said chapter 29, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary, any monies appropriated by the general court and funds distributed in accordance with section 3 of the general appropriation act, shall be expended only in such amounts as may be allotted as provided in this section.

SECTION 14. Said section 9B of said chapter 29, as amended by section 13 of this act, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- Any monies made available by appropriation or otherwise, to state agencies under the control of the governor or a secretary, but not including the courts, the office of the governor and the office of the lieutenant governor, shall be expended only in such amounts as may be allotted as provided in this section.

GIC Insurance Contracts Amendment

SECTION 15. The second paragraph of section 4 of chapter 32A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the second sentence.

ATB Stenographers

SECTION 16. Section 10 of chapter 58A of the General Laws, as so appearing, is hereby amended by striking out the first 6 sentences and inserting in place thereof the following 2 sentences:- At the request of any party made before any evidence is offered, or by direction of the board, the board shall order, on such terms and conditions as it determines, that all proceedings in a pending appeal be officially recorded. The party requesting that proceedings be officially recorded shall be responsible for contracting for the reporting of the proceedings at its own expense, or the joint expense of all parties requesting a transcript, and shall supply the board with a copy of any transcript without cost to the commonwealth.

Commonwealth Care Trust Fund allocation of cigarette excise revenues

SECTION 17. Section 6 of chapter 64C of the General Laws, as amended by section 2 of chapter 168 of the acts of 2008, is hereby further amended by striking out the final paragraph and inserting in place thereof the following paragraph:-

Notwithstanding section 28, a portion of cigarette excise revenues paid under this section shall be credited to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29. The amount credited to the Fund in fiscal year 2009 shall be the sum of: (1) all revenues received in fiscal year 2009 attributable to the inventory tax under chapter 168 of the acts of 2008; and (2) the monthly excess, if any, on cigarette excise payments received in August 2008 through June 2009 over the cigarette excise payments received in the same months in the previous fiscal year, less the amount that the commissioner may reasonably determine equals increased revenues in 2009 due to cigarette stamp encryption and due to taxation of little cigars as cigarettes. The amount credited to the Fund in fiscal year 2010 shall be the monthly excess in cigarette excise payments received in fiscal year 2010 over cigarette excise payments received in the same months in fiscal year 2008, less the amounts that the commissioner may reasonably determine are increased revenues in 2009 due to cigarette stamp encryption and due to taxation of little cigars as cigarettes. The amount credited to the fund in fiscal year 2011 and thereafter shall be the monthly cigarette revenue received in each such year multiplied by the percentage of cigarette excise collections in 2010 that were credited to the Fund.

Borrowing for SBA Feasibility Studies

SECTION 18. Section 6 of chapter 70B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following subsection:-

(e) A city, town or regional school district may borrow for a term of not more than 5 years for the cost of any feasibility studies that may be required and approved by the authority, and as defined in regulations of the authority, for school projects that may be eligible for assistance under this chapter.

Head Injured Trust Fund Fees (Hutchinson)

SECTION 19. Subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

SECTION 20. Paragraph (a) of subdivision (2) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section, but $150 of the $250 collected under this assessment shall be deposited monthly by the court with the state treasurer, who shall deposit it in the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

FY09 GAA Technical Correction - Limited Partnership Filings - 1

SECTION 21. Section 66 of chapter 109 of the General Laws, as inserted by section 51 of the general appropriation act for fiscal year 2009, is hereby amended by striking out, in the first sentence, the figure " 66"; and inserting in place thereof the following figure:- 65.

Health Care Reform - Reducing Graduate Medical Education and Eliminating Indirect Medical Education Payments from Health Safety Net Rates

SECTION 22. Section 39 of chapter 118G of the General Laws, as inserted by section 15 of chapter 61 of the acts of 2007, is hereby amending by striking out the first sentence of paragraph (6) of subsection (a) and inserting in place thereof the following sentence:- The office shall reimburse acute hospitals for health services based on the payment systems in effect for acute hospitals used by the United States Department of Health and Human Services Centers for Medicare and Medicaid Services to administer the Medicare Program under Title XVIII of the Social Security Act, including Medicare's adjustments for disproportionate share, outliers, organ acquisition, bad debt, new technology, capital, an additional adjustment for direct graduate medical education relating to primary care, and the full amount of the annual increase in the Medicare hospital market basket index.

Health Care Reform - Creating an Insurer Excess Reserve Assessment

SECTION 23. Chapter 118G of the General Laws is hereby further amended by inserting after section 39 the following section:-

Section 40. (a). Each health insurer, including health insurance companies, health maintenance organizations, hospital service corporations, and medical service corporations, as defined in section 1, which conducts business in Massachusetts shall pay an assessment for fiscal year 2009 for deposit into the General Fund for expenses associated with health care costs. Said assessment shall be based on the net worth surplus available to health insurance carriers in accordance with criteria developed by the division of insurance, in consultation with the division of health care finance and policy. The division of health care finance and policy shall specify by regulation the method of calculating the assessment, procedures for payment of the assessment, and requirements for submission of data by health insurers.

(b) The assessment established by the division of health care finance and policy for fiscal year 2009 shall not exceed the maximum rate of assessment that the laws of the United States or any rules, regulations, or standards issued under those laws, relating to health care assessments will allow without reduction in federal financial participation. The assessment shall be implemented as a broad-based health care related fee as defined in 42 U.S.C. section 1396b(w)(3)(B). The amount of the assessment shall be sufficient in the aggregate to generate $33,000,000 in fiscal year 2009.

(c) The division shall establish by regulation an appropriate mechanism for enforcing the assessment liability under this section in the event that a health insurer does not make a scheduled payment, but the division may, for the purpose of administrative simplicity, establish threshold liability amounts below which enforcement may be modified or waived. This enforcement mechanism may include assessment of interest on the unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per cent per month.

CHSB ";" License to Carry Fee -1

SECTION 24. Section 122 of chapter 140 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 28, the figure " $100"; and inserting in place thereof the following figure:- $250.

CHSB ";" Annual Dealer License Fee

SECTION 25. Said section 122 of said chapter 140, as so appearing, is hereby further amended by inserting after the word " Fund.";, in line 33, the following sentence:- Each year in which a license holder need not apply for a license renewal, the license holder shall pay to the licensing authority a license inspection fee of $100.

CHSB ";" License to Carry Fee ";" 2

SECTION 26. Section 131 of said chapter 140, as so appearing, is hereby amended by striking out, in line 240, the figure " $100"; and inserting in place thereof the following figure:- $200.

CHSB ";" Non Residential Firearms License Fee

SECTION 27. Section 131F of said chapter 140, as so appearing, is hereby amended by striking out, in line 53, the figure " $100"; and inserting in place thereof the following figure:- $250.

Health Care Reform -Moving Fair Share Payment Schedule to Quarterly (1)

SECTION 28. Subsection (b) of section 188 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This contribution shall be pro-rated by a fraction which shall not exceed 1, the numerator of which is the number of hours worked in the quarter by all of the employer's employees and the denominator of which is the product of the number of employees employed by an employer during that quarter multiplied by 500 hours.

Health Care Reform - Establishing a Fair Share Contribution Revenue Target for $33M Increase under New Fair Share Test and Allowing Subsequent Year Rate Adjustment to Reflect Any Variance

SECTION 29. Subsection (c) of section 188 of said chapter 149, as so appearing, is hereby amended by striking out paragraph (9) and inserting in place thereof the following paragraph:-

(9) The annual fair share contribution shall be calculated by adding the fair share employer contribution as calculated in paragraph (6) and the per-employee cost of unreimbursed physician care, as calculated in paragraph (8), and as further adjusted under paragraph (10).

SECTION 30. Said subsection (c) of said section 188 of said chapter 149, as so appearing, is hereby further amended by striking out paragraph (10) and inserting in place thereof the following paragraph:-

(10) Notwithstanding this section, the total annual fair share contribution shall not exceed $295 per employee, except as further adjusted, for the period beginning October 1, 2008 and each year thereafter, by the amount that total net employer fair share contribution revenue paid to the commonwealth is projected to be less than or greater than $38,000,000. The division of unemployment assistance shall notify the division of health care finance and policy of the total employer fair share contribution revenue for each quarter. The division of health care finance and policy shall determine total projected fair share contribution revenue for each year following the third quarter of the year. If the division determines that projected total net employer fair share contribution revenue paid to the Commonwealth for the year is less than $38,000,000, the division shall increase the annual fair share contribution for the subsequent year by the amount that total annual projected revenue is less than $38,000,000. If the division determines that projected annual employer fair share contribution liability revenue is greater than $38,000,000, the division shall reduce the annual fair share contribution for the subsequent year by the amount that total annual projected revenue for the current year is greater than $38,000,000.

Health Care Reform - Moving Fair Share Payment Schedule to Quarterly (2):

SECTION 31. Subsection (d) of said section 188 of said chapter 149, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The director of the division of unemployment assistance shall determine quarterly each employer's liability for a fair share contribution. The director shall assess each employer liable for a fair share contribution in a quarter an amount based on 25 per cent of the annual fair share contribution rate applicable to that quarterly period and shall implement penalties for employers who fail to make contributions as required by this section.

Limited Partnership Filings ";" Technical Correction - 2

SECTION 32. Section 70 of chapter 156C of the General Laws, as inserted by section 61 of the general appropriation act for fiscal year 2009, is hereby amended by striking out, in subsection (b), the word " demonstrates"; and inserting in place thereof the following words:- fails to demonstrate.

Limited Partnership Filings ";" Technical Correction - 3

SECTION 33. Section 72 of said chapter 156C, as so inserted, is hereby amended by striking out, in subsection (b), the word " demonstrates"; and inserting in place thereof the following words:- fails to demonstrate.

MassHealth Clawback Technical Fix

SECTION 34. Item 4000-1420 of section 2 of chapter 61 of the acts of 2007, as amended by section 5 of chapter 135 of the acts of 2008, is hereby further amended by striking out the figure " $222,916,047"; and inserting in place thereof the following figure: - $223,218,902.

Boston Medical Center MOU Payment

SECTION 35. Section 55 of said chapter 61, as amended by section 4 of chapter 120 of the acts of 2008, is hereby further amended by striking out the figure " $976,954,249"; and inserting in place thereof the following figure: - $1,045,863,158.

SECTION 36. Section 55 of said chapter 61, as amended by section 5 of chapter 120 of the acts of 2008, is hereby further amended by striking out the figure " $49,600,000"; and inserting in place thereof the following figure: - $113,600,000.

SECTION 37. The second sentence of said section 55 of said chapter 61, as so amended, is hereby further amended by inserting after the words " Health Safety Net Trust Fund;"; the following words: - provided, that $64,000,000 shall be paid for a certain public-service hospital operated by the Boston Medical Center Corporation; and.

Technical Correction ";" Account Number Change to Life Sciences Bill

SECTION 38. Section 2A of chapter 130 of the acts of 2008 is hereby amended by striking out the number " 1599-7107"; and inserting in place thereof the following number:- 1599-7108.

Cigarette Tax Implementation

SECTION 39. Chapter 168 of the acts of 2008 is hereby amended by adding the following section:-
Section 6. Notwithstanding section 4, a retailer or vending machine operator who did not collect the additional tax specified in section 1 (or a substantially equivalent additional dollar amount, however designated) from its customers when making retail sales of cigarettes on July 1, 2008 may determine and pay the amount due under section 4 on the basis of its inventory of cigarettes on hand for sale as of the commencement of business on July 2, 2008 instead of July 1, 2008. Any retailer or vending machine operator determining its tax due under this section shall retain sales register tapes or other contemporaneous business records to document its retail sales price for cigarettes both on and immediately before July 1, 2008, and shall produce such tapes or other business records upon request of the commissioner.

FY09 GAA ";" HRD Training RR Account

SECTION 40. Item 1750-0102 of section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the figure " 1,627,500"; and inserting in place thereof the following figure:- 2,833,750.

FY09 GAA Clarification ";" DPH LI Language Amendment

SECTION 41. Said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out, in items 4510-0110, 4512-0103, 4512-0200, 4512-0500, 4513-1000, 4513-1002, 4513-1020, 4530-9000, 4580-1000 and 4590-0250, the words " that no funds shall be expended in the AA object class; provided further";.

SECTION 42. Item 4513-1023 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " that no funds shall be expended in the AA object class; and provided further";.

SECTION 43. Item 4590-0300 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " ;provided, that no funds shall be expended in the AA object class";.

[no section 44]

FY09 GAA Clarification ";" DSS LI Language

SECTION 45. Item 4800-0015 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " four to five full-time board certified or board eligible child psychiatrists to serve in each of the area offices; provided further, that hiring and supervision shall be done in conjunction with the department of mental health; provided further, that such physicians shall collaborate with the department's social workers; provided further, that the department shall employ not less than 1 full-time board-certified physician"; and inserting in place thereof the following words:- medical and psychiatric staff to collaborate with the department's social workers.

DOER Assessment

SECTION 46. Item 7006-1003 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the figure " 441,404"; and inserting in place thereof the following figure:- 1,087,969.

FY09 GAA Clarification - Sexual Assault Evidence Kits

SECTION 47. Item 8000-0202 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " that no funds shall be expended in the AA object class; and provided further";.

Supplemental Funds for DA's State Police Overtime ISF

SECTION 48. Said item 8100-0002 of said section 2 of the general appropriation act for fiscal year 2009 is hereby further amended by striking out the figure " 6,481,181"; and inserting in place thereof the following figure:- 7,049,711.

Department of Fire Services

SECTION 49. Item 8324-0000 of said section 2 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " provided further, that notwithstanding any general or special law to the contrary, funds scheduled in the PP object class, pursuant to section 27 of chapter 29 of the General Laws for this item in fiscal year 2009 shall not be transferred to any other object class in said fiscal year;"; and by striking out the words " executive office of public safety"; and inserting in place thereof the following words:- department of fire services.

Sheriffs' SOPS Language

SECTION 50 . Item 8910-0000 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after September 01, 2008 for Bristol County, September 01, 2008 for Suffolk County, January 15, 2009 for Norfolk County and March 15, 2009 for Barnstable and Dukes Counties; and provided further, that after said dates, no charge or contract shall be made with alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 51. Item 8910-0105 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after April 1, 2008; and provided further, that after April 1, 2009, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 52. Item 8910-0107 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after February 15, 2009; and provided further, that after February 15, 2009, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 53. Item 8910-0110 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after November 15, 2008; and provided further, that after November 15, 2008, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 54. Item 8910-0145 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after November 15, 2008; and provided further, that after November 15, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 55. Item 8910-0619 of said section 2 of the general appropriation act for fiscal year 2009, is hereby amended by striking out the words "; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B, after July 01, 2008; and provided further, that after July 01, 2008, no charge or contract shall be made with an alternate vendor to provide pharmacy services other than the state office of pharmacy services".

SECTION 56. Item 4510-0108 of section 2B of the general appropriation act for fiscal year 2009, is hereby amended by striking out, in the first instance, the words "; the sheriff's departments of Worcester, Middlesex, Hampshire, Berkshire, Essex, Suffolk, Norfolk, Bristol, Barnstable and Dukes,".

Technical Correction - Essential Community Provider Trust Fund

SECTION 57. Paragraph (d) of section 88 of the general appropriation act for fiscal year 2009 is hereby amended by inserting after the eighth sentence the following sentence:- All federal financial participation received for expenditures from the Essential Community Provider Trust Fund shall be deposited in the General Fund and shall be available for further appropriation for purposes specified in this paragraph.

FY09 GAA Technical Correction Ponkapoag Amendment

SECTION 58 . Section 103 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

(a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation may, using such competitive proposal process as the division considers necessary or appropriate, lease and enter into other agreements, for terms not to exceed 25 years with 1 or more operators, for the Ponkapoag golf course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant or any other structure and associated lands which constitute the facilities of the Ponkapoag golf course, in this section called the golf course; provided, however, that the division of capital asset management and maintenance, in consultation with the department of conservation and recreation shall prefer any proposal submitted by the town of Canton, or by a non-profit organization within the town of Canton, which complies with the requirements of this section; and provided further, that the division of capital asset management and maintenance shall provide the town of Canton not less than 45 days to determine whether the town shall submit a proposal before soliciting proposals under subsection (b); and provided further, that if the town of Canton executes a lease of the golf course under this section it shall not assign or otherwise transfer the lease to any third party.

SECTION 59. Subsection (b) of said section 103 of the general appropriation act for fiscal year 2009 is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

If no lease agreement is reached with the town of Canton under subsection (a) and not before April 1, 2009, the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a senior citizen and children discount program; (4) reservation policies; (5) proposed reasonable rates that will ensure continued public access; (6) required financial audits; (7) policies to encourage use of the golf course by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; (10) hours of operation; (11) holiday recognition; (12) grievance processes; (13) clubhouse license; (14) a provision that the facility shall be maintained as a 36-hole public golf course; (15) a provision that lessee shall not construct any facilities on the grounds of the golf course or any property appurtenant thereto; provided, however, that the lessee may construct facilities incidental to the operation of a golf course with the written approval of the commissioner of the department of conservation and recreation; (16) a host community agreement between the designated operator and the town of Canton. Any increase in fees including fees for season passes, and any increase in charges for greens fees, golf cart or club rentals shall be approved in writing by the commissioner of the department of conservation and recreation; provided, however, that in considering any request for an increase in fees, the commissioner shall consider without limitation: (i) any capital investment made by the contractor or lessee; (ii) the fees and charges at other public golf courses within reasonable proximity; and (iii) the length of time since the last fee increase.

SECTION 60. Subsection (e) of said section 103 of the general appropriation act for fiscal year 2009 is hereby amended by striking out the words " Upon conveyance of the parcel, the"; and inserting in place thereof the following word:- The.

Energy Assistance Trust Fund

SECTION 61. (a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Energy Assistance Trust Fund, in this section called the fund. The fund shall consist of the amount transferred under clause (b) of section 68 and of all other monies credited or transferred to the fund from any other fund or source pursuant to law.

(b) The secretary of administration and finance shall be the trustee of the fund and shall expend monies in the fund without further appropriation for fuel assistance programs including supplementing funds from the federal Low Income Home Energy Assistance Program, 42 U.S.C. sections 8621 et seq., for the purpose of assisting low-income elders, working families and other households with the purchase of heating oil, propane and natural gas, electricity and other primary or secondary heating sources.

(c) As of June 30, 2009, the comptroller shall transfer the balance remaining in the fund to the Commonwealth Stabilization Fund, and the fund shall then be dissolved.

Commission on Maintenance of State Facilities

SECTION 62. (a) There shall be a special commission to investigate and study the maintenance of state facilities.
(b) The commission shall consist of the secretary of administration and finance, or her designee, who shall chair the commission; the commissioner of capital asset management and maintenance, or his designee; the chairs of the house and senate committees on ways and means, or their designees; the house and senate chairs of the joint committee on bonding, capital expenditures and state assets, or their designees; the minority leaders of the senate and house of representatives, or their designees; a representative of the International Facility Management Association; and 3 other persons appointed by the governor. The division of capital asset management and maintenance shall provide staff assistance to the commission and shall conduct a facilities maintenance review to assist in the commission's study.
(c) The commission shall study opportunities to improve maintenance of state facilities, including, but not limited to, more efficiently allocating resources and responsibility for facility maintenance, implementing best practices in assessing and addressing facility maintenance needs, and more effectively funding facility maintenance needs.
(d) The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives on or before March 31, 2009.

Study of Use of SOPS at Sheriffs' Departments

SECTION 63. The executive office of health and human services, in consultation with the department of public health, the state office of pharmacy services and the state and county sheriffs' departments, shall conduct a study to determine the feasibility and cost-benefit of the use of the state office of pharmacy services by the sheriffs' departments. Findings and recommendations of this study shall be submitted to the house and senate committees on ways and means and the executive office for administration and finance not later than November 30, 2008.

Health Care Reform ";" Increasing Hospital Assessment by $20M

SECTION 64. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2009, an acute hospital's liability to the Health Safety Net Trust Fund under section 37 of chapter 118G of the General Laws shall equal the product of (1) the ratio of its private sector charges to all acute hospitals' private sector charges; and (2) $180,000,000. The comptroller shall transfer $20,000,000 to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29 of the General Laws. Said funds shall be available for fiscal year 2009 expenses associated with health care costs. If these funds are not required for fiscal year 2009 expenses associated with health care costs, the funds shall be credited to the acute hospital liability to the Health Safety Net Trust Fund for fiscal year 2010.

Health Care Reform -Requiring Accelerated Fair Share Payments for Payments under Current Fair Share Test

SECTION 65. Notwithstanding any general or special law to the contrary, all fair share contribution liability for the period from October 1, 2007 to September 30, 2008 shall be paid not later than June 30, 2009.

Health Care Reform -Transfer from Medical Security Trust Fund

SECTION 66. Notwithstanding subsection (k) of section 14G of chapter 151A of the General Laws or any general or special law to the contrary, the secretary of labor and workforce development may direct the comptroller to transfer up to $35,000,000 in 3 separate payments from the Medical Security Trust Fund, established under subsection (k) of section 14G of chapter 151A, to the General Fund for expenses associated with health care costs. The comptroller shall make the first payment in the amount of $15,000,000 upon the effective date of this act. The remaining balance, up to $20,000,000, shall be paid in no more than 2 payments of up to $10,000,000 each, provided that the secretary of labor and workforce development certifies to the secretary of administration and finance that, based on projections made by the division of unemployment assistance, sufficient funds remain available in the Medical Security Trust Fund after said transfer or transfers to meet the requirements of section 14G of chapter 151A.

Health Care Reform - Study of Medical Security Plan

SECTION 67. The executive office of labor and workforce development, working with its division of unemployment assistance, the executive offices for administration and finance and of health and human services, and other agencies, shall undertake a study of the Medical Security Plan program to examine the possibility of long-term efforts to integrate and align the program with other health insurance programs offered by the commonwealth in light of the state's health care reform effort.

Fund Transfers

SECTION 68. As of June 30, 2008, the comptroller shall transfer from the General Fund:

(a) $100,000,000 to the Commonwealth Stabilization Fund;

(b) $20,000,000 to the Energy Assistance Trust Fund, established by section 61; and

(c) $61,800,000 to the Collective Bargaining Reserve Fund, established by section 2YYY of chapter 29 of the General Laws, including funds for a collective bargaining agreement between the PCA quality home care workforce council and 1199SEIU United Healthcare Workers East.

Renaming the Department of Business Technology -2

SECTION 69. Whenever the term "director of business and technology" or "director of economic development" appears in any statute, regulation, or other document, it shall be taken to mean the undersecretary of business development.

Economic Stabilization Trust -2

SECTION 70. Notwithstanding any general or special law to the contrary, this act shall facilitate the orderly transfer of the employees, functions, proceedings, rules and regulations, property, and legal obligations of the economic stabilization trust from the Commonwealth Corporation to the executive office of housing and economic development. The economic stabilization trust, which under section 64 of chapter 365 of the acts of 1996, as amended by sections 6, 7, and 9 of chapter 352 of the acts of 2004, was transferred to the Commonwealth Corporation, is hereby transferred to the executive office of housing and economic development. The trust shall continue as a quasi-public instrumentality of the commonwealth, with all the legal powers, authority, responsibilities, duties, rights, and obligations vested in the trust by sections 8 to 16, inclusive, of chapter 23D of the General Laws.

Trial Court Transferability

SECTION 71. Notwithstanding subclause (a) of clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws, or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through August 30, 2008, transfer funds from any fiscal year 2008 item of appropriation within the trial court to any other fiscal year 2008 item of appropriation within the trial court. No funds in section 2C.I shall be transferred under this section. These transfers shall be made on a one-time basis for fiscal year 2008, in accordance with schedules submitted to the house and senate committees on ways and means and the executive office for administration and finance. The schedule shall include the amount of money transferred from 1 item of appropriation to another, and money shall only be transferred to eliminate projected deficiencies. No transfers under this section shall occur until 5 days after the funding schedules have been submitted in written form to the house and senate committees on ways and means and the executive office for administration and finance.

EOPS/State Police Trial Court Language

SECTION 72. The trial court shall work and cooperate with the district attorneys and the state and municipal police departments to provide for the efficient management of court appearances by state and municipal police personnel. The chief justice for administration and management of the trial court shall convene a working group consisting of representatives of the justices and clerk-magistrates of the district and municipal courts and one representative to be designated by each of the following entities: the executive office of public safety and security, the department of state police, the Massachusetts Chiefs of Police Association and the Massachusetts District Attorney's Association. The working group shall study and make recommendations to the chief justice concerning the effective methods to schedule, manage and control court appearances by police personnel to create efficiencies and reduce police overtime costs. The working group shall report its recommendations to the chief justice no later than January 31, 2009, and the trial court shall work with the district attorneys and state and local municipal police departments promptly to implement these recommendations.

Transfers Between Operating and Capital Funds

SECTION 73. (a) Whenever the commonwealth has borrowed funds as authorized by law to fund the acquisition of equipment that would have otherwise been funded under an item of appropriation in section 2 of the general appropriation act for fiscal year 2009, the secretary of administration and finance may authorize the transfer of funds from the item of appropriation in section 2 from which the equipment acquisition would have been funded to any other item of appropriation for the purpose of funding personnel or other operating-related expenses that would have otherwise been funded in the fiscal year 2009 capital budget from the proceeds of bonds. The secretary may establish an appropriation account to receive this transfer if none exists under section 2. Any amount transferred under this section shall not exceed the cost of the related equipment acquisition, and the aggregate amount of all such transfers shall not exceed $50,000,000.
(b) Before making any transfer authorized by this section, the secretary of administration and finance shall submit a transfer report and certification to the house and senate committees on ways and means. The report and certification shall include the following: (1) a schedule showing the cost of equipment acquisition that would have been funded from an item of appropriation in section 2, the item of appropriation from which the equipment would have been funded and the bond authorization against which bonds may be issued to fund the acquisition of the equipment; (2) a schedule showing the cost of all personnel and other operating expenses that would have been funded from the fiscal year 2009 capital budget, identification of each of the agencies that pay the related expenses, the item in the capital budget and the bond authorization from which the personnel or operating expenses would have been funded, and the item of appropriation in section 2 from which the personnel or operating expenses will be funded; (3) a schedule of each amount that will be transferred from one item of appropriation in section 2 to another under subsection (a) in order to effectuate the transactions described in clauses (1) and (2); and (4) a certification of the secretary confirming that the equipment will be acquired in fiscal year 2009 with bond proceeds pursuant to the fiscal year 2009 capital budget and the bond authorization identified in clause (1).

FY07 Lottery Transfer

SECTION 74. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer $118,830,389 from the General Fund to the State Lottery Fund for payments made to cities and towns during fiscal year 2007.

FY08 Lottery Transfer

SECTION 75. Notwithstanding any general or special law to the contrary, not less than 10 days after the effective date of this act, the comptroller shall transfer not more than $120,000,000 from the General Fund to the State Lottery Fund for payments made to cities and towns for fiscal year 2008.

ITD Expenditure Refund

SECTION 76. Notwithstanding any general or special law to the contrary, the information technology division may process fiscal year 2007 expenditure refunds not to exceed $1,200,000 as fiscal year 2008 expenditure refunds in item 1790-0200 of section 2B of chapter 228 of the acts of 2007, and the amount of this deposit shall be available for expenditure in fiscal year 2009.

Effective Dates

SECTION 77. Section 12 shall take effect as of July 1, 2007.

SECTION 78. Section 18 shall take effect as of January 1, 2008.

SECTION 79. Sections 10, 11, 35, 36, 37, 61, 68, 71, 74, 75 and 76 shall take effect as of June 30, 2008.

SECTION 80. Sections 17, 19, 21, 32, 33, 39 to 60 and 73 shall take effect as of July 1, 2008.

SECTION 81. Sections 22, 28, 29, 30 and 31 shall take effect on October 1, 2008.

SECTION 82. Section 14 shall take effect on July 1, 2009.

Additional Filings

Gov Filed

Sections

Title

Brief Description

2/1/2008

1599-4276

SDM Teamster Local 122 CB

$12,577 appropriation for ratified contract with Middlesex Sheriff's Office. Although the funding is not a concern due to the amount it is unclear if this contract would be legally ratified if not acted upon.

4/15/2008

3

Commission on the Status of Women Reporting Deadline Change

Moves Commission on the Status of Women's annual reporting deadline from June 2 to October 2, so that the report can include complete financial information from the previous fiscal year.

4/15/2008

4

Medicolegal Investigation Commission

Allows the Medicolegal investigation Commission to interview and hire applicants for the Chief Medical Examiners position who live outside of Massachusetts. Currently, language restricts applicants to those who are members of the Massachusetts Society of Pathologists and who reside in the commonwealth.

4/15/2008

7

Motor Vehicles Inspection and Maintenance Program - 1

Updates the enabling statute for the inspection and emissions trust fund to provide consistency with amended regulations adopted in 2008.

4/15/2008

8

Motor Vehicles Inspection and Maintenance Program - 2

ANF has developed a three year finance plan to bring the Inspection and Maintenance Trust into balance. The outside section extends the balance requirement to 2011, allowing additional time for the completion of the finance plan.

4/15/2008

9

Removal of Age Limit on Hiring for District Engineering Inspectors

This section removes the age limitation on hiring district engineering inspectors. Currently, the age limit is set at 45 years of age. Recently, a judge ruled that the age restriction was not legal and needed to be removed.

4/15/2008

10

State Use of OCIPs

This section allows DCAM to select and purchase comprehensive insurance for the project ("owner-controlled insurance program") that would cover all parties involved or allow the construction manager to purchase insurance that would cover all parties ("contractor controlled insurance program"). DCAM believes that these programs will provide opportunities for cost savings and promote the following public policy goals: (1) broader and improved insurance coverage; (2) improved safety on construction projects; and (3) opening up more construction jobs to minority contractors who might not be able to obtain the required insurance on their own.

4/15/2008

11

Registry of Deeds Filing Fees Clarification -1

Reinstates the longstanding Registry of Deeds practice of charging one Community Preservation surcharge for each individual deeds recording; if this section and Sections 20 and 26 of the same bill are not approved, $19.6M may need to be refunded and more than $4.5M could be lost to the General Fund in FY08 and FY09.

4/15/2008

12

Safe Cigarette Act

Amends language to specify that the Division of Fire Services has oversight over the Safe Cigarette Act instead of EPS.

4/15/2008

13

Motor Vehicles Inspection and Maintenance Program - 3

Updates the Inspection and Maintenance statute to provide consistency with new technologies and amended regulations adopted in 2008.

4/15/2008

14

Motor Vehicles Inspection and Maintenance Program - 4

Updates the Inspection and Maintenance statute to provide consistency with new technologies and amended regulations adopted in 2008.

4/15/2008

15

Motor Vehicles Inspection and Maintenance Program - 5

Updates the Inspection and Maintenance statute to provide consistency with new technologies and amended regulations adopted in 2008.

4/15/2008

16

Motor Vehicles Inspection and Maintenance Program - 6

Updates the Inspection and Maintenance statute to provide consistency with new technologies and amended regulations adopted in 2008.

4/15/2008

17

Motor Vehicles Inspection and Maintenance Program - 7

Updates the Inspection and Maintenance statute to provide consistency with new technologies and amended regulations adopted in 2008.

4/15/2008

18

Judicial CBA - 1

Together with Section 19, this section requires the courts to submit collective bargaining agreements to the Governor, rather than requesting the necessary appropriation directly from the Legislature. Prior to 1996, this process was followed for court collective bargaining agreements.

4/15/2008

19

Judicial CBA - 2

Together with Section 18, this section requires the courts to submit collective bargaining agreements to the Governor, rather than requesting the necessary appropriation directly from the Legislature. Prior to 1996, this process was followed for court collective bargaining agreements.

4/15/2008

20

Registry of Deeds Filing Fees Clarification -2

Reinstates the longstanding Registry of Deeds practice of charging one fee for each individual deeds recording; if this section and Sections 11 and 26 of the same bill are not approved, $19.6M may need to be refunded and more than $4.5M could be lost to the General Fund in FY08 and FY09.

4/15/2008

21

Food Stamp Transitional Benefits Assistance

This section would authorize the Department of Transitional Assistance to refund the US Department of Agriculture for any Food Stamps benefits paid to Massachusetts families that were no longer eligible to receive the benefits at this level. This language is necessary to ensure DTA can continue to provide food assistance to non-TANF eligible families, while making sure that USDA is reimbursed for any overpayments of Food Stamps benefits.

4/15/2008