Budget Amendment

Representatives Kafka of Stoughton, Stanley of West Newbury, and Perry of Sandwich move that the bill be amended in Section 2 by inserting the following:

1599-xxxx For costs associated with employee retirement, the employer portion of healthcare premiums, Lemuel Shattuck hospital and debt service for the transferred sheriffs as set forth in Section XX; provided, that no more than $ 5,960,000 shall be expended for said expenses for the Barnstable sheriff; provided further, that no more than $807,522 shall be expended for said expenses for the Dukes sheriff; provided further, that not more than $9,412,174 shall be expended for said expenses for the Norfolk sheriff; provided further, that no more than $23,079,811 shall be expended for said expenses for the Plymouth sheriff……………$39,259,507

8910-8200 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Barnstable county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008............. $30,040,694

8910-8400 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Dukes county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008.............$2,806,717

8910-8600 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Norfolk county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008............. $28,583,662

8910-8700 For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the sheriff of Plymouth county; provided, that the sheriff shall report to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later than August 1, 2008.............$45,918,068

And that the bill be further amended by adding the following section at the end thereof:-

Section XX.

SECTION 1. The offices of the Barnstable, Dukes, Norfolk and Plymouth county sheriffs, in this act referred to as "offices of transferred sheriffs" or “transferred sheriffs”, are hereby transferred to the commonwealth as provided in this act as of its effective date.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, all functions, duties and responsibilities of the office of a transferred sheriff pursuant to this act including, but not limited to, the operation and management of the county jail and house of correction, are hereby transferred from said county to the commonwealth on the effective date of this act, subject to its provisions.

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the government of Barnstable, Dukes, Norfolk and Plymouth counties, except the office of county sheriff, shall retain all existing authority, functions and activities as of the transfer date for all purposes, including, but not limited to, the purposes established pursuant to chapters 34, 34A, 35 and 36 of the General Laws or as otherwise authorized by this act. Nothing in this act shall affect the existing county boundaries.

SECTION 4. All valid liabilities and debts of the office of a transferred sheriff which are in force immediately before the transfer date shall be obligations of the commonwealth as of the transfer date, except as may be otherwise provided in this act. All assets of the offices of transferred sheriffs as of immediately before the transfer date shall become assets of the commonwealth.

SECTION 5. Notwithstanding the provisions of any general or special law to the contrary, all rights, title and interest in real and personal property controlled by the office of a transferred sheriff immediately before the transfer date, including without limitation, all correctional facilities and other buildings, and the land on which they are situated and any fixtures and improvements located thereon or appurtenant thereto, shall be transferred to the commonwealth, except as otherwise provided in this act. Such transfer of all buildings, lands, facilities, fixtures and improvements shall be subject to the provisions of chapter 7 of the General Laws and the jurisdiction of the commissioner of capital asset management as provided therein, except as otherwise provided in this act.

The transfer under this section shall be effective and shall bind all persons, with or without notice, without any further action or documentation. Without derogating from the foregoing, the commissioner of capital asset management may, from time to time, execute and record and file for registration with any registry of deeds or the land court, a certificate confirming the commonwealth's ownership of any interest in real property formerly controlled by the office of a transferred sheriff pursuant to the provisions of this section.

SECTION 5A. (a)The General Laws are hereby amended dissolving the Plymouth County Correctional Facility Corporation by striking Chapter 425 the acts of 1991 in its entirety.

(b) The revenue that is held in the Repair and Replacement and Capitol Improvement Accounts by the Plymouth County Correctional Facility Corporation shall be transferred to a Plymouth Sheriff’s Facility Maintenance Trust Account. Expenditures shall only be made from this account by the Sheriff of Plymouth County for the maintenance, repair and or replacement of the Sheriff’s Department’s facilities.

SECTION 6. All valid leases and contracts of the office of a transferred sheriff which are in force immediately before the transfer date shall be obligations of the commonwealth and the commonwealth shall have authority to exercise all rights and enjoy all interests conferred upon the county by said leases and contracts except as may be otherwise provided in this act.

SECTION 7. Chapter 64D of the General Laws, as so appearing, is hereby amended by inserting after section 11, the following new section:-

Section 11A. Except for Barnstable county, there shall be established upon the books of each county of a transferred sheriff, the government of which county has not been abolished by chapter 34B or other law, a separate fund, maintained separate and apart from all other funds and accounts of each county, to be known as the Deeds Excise Fund. Notwithstanding any general or special law to the contrary, except for Barnstable county, on the first day of each month, 10.62 per cent of the taxes collected in the counties of transferred sheriffs under this chapter shall be transmitted to the Deeds Excise Fund for each county. The remaining percentage of taxes collected under this chapter, including all taxes collected under this chapter in Barnstable county and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized by section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund of the commonwealth in accordance with section 10.

SECTION 8. Said chapter 64D is hereby further amended by striking out section 12 and inserting in place thereof the following:-

Section 12. (a) There shall be within the executive office for administration and finance a county government finance review board, in this section called the board, consisting of the secretary for administration and finance or her designee, the commissioner of revenue or her designee, the secretary of public safety or his designee, the state auditor or his designee and a former Massachusetts sheriff appointed by majority vote of the Massachusetts Sheriffs' Association. The secretary of administration and finance or her designee shall serve as chairperson of the board.

(b) Notwithstanding any general or special law or county charter to the contrary, no annual or supplementary budget of any county shall take effect until reviewed and approved by the board. The board shall not approve any budget of any county unless it is satisfied:

(1) that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures;

(2) that, except for Suffolk county, of the amounts deposited in the Deeds Excise Fund for each county from revenues derived under this chapter, (a) not more than 60 per cent of the deposits shall be disbursed and expended for meeting the costs of the operation and maintenance of the county; and (b) not less than 40 per cent shall be disbursed and expended for the automation, modernization and operation of the registries of deeds; but in Suffolk county, that all of the deposits are to be disbursed and expended for meeting the costs of the operation and maintenance of the county; and

(3) that with respect to funds appropriated for the purpose designated in subclause (b) of clause (2) and which are not dedicated to the Deeds Excise Fund in each county under section 11, the submitted proposed budget shall provide a continuing amount of expenditure of not less than 102.5 per cent of the amount expended for that purpose in the preceding fiscal year.

(c) If a proposed budget is disapproved by the board, the county commissioners or any successor body shall, with the approval of the county advisory board, if applicable, and within 30 days of notification of disapproval of the proposed budget, resubmit a revised proposed budget to the board, which addresses the board's concerns.

(d) The board shall develop guidelines for implementing this section.

SECTION 9. Notwithstanding any general or special law to the contrary, in fiscal year 2009, Barnstable, Dukes, Norfolk and Plymouth counties shall appropriate and pay to the state treasurer, on or before November 1, 2008, amounts equal to the minimum obligations to fund from their own revenues in fiscal year 2008 the operations of the office of the sheriff.

The commissioner of revenue shall reduce the fiscal year 2010 assessment limit of Barnstable, Dukes, Norfolk and Plymouth counties under section 20A of chapter 59 of the General Laws by amounts equal to the minimum obligations to fund from their own revenues in fiscal year 2008 the operations of the office of the sheriff.

SECTION 10. Notwithstanding any general or special law to the contrary, any remaining deeds excise funds to the credit of the offices of transferred sheriffs as of June 30, 2008 shall be paid to the state treasurer, but the county treasurer may pay appropriate fiscal year 2008 sheriff's department obligations after June 30, 2008. Payment of obligations to be charged to the sheriff's fiscal year 2008 budget as approved by the county government finance review board must be within that budget or otherwise be approved by the secretary of administration and finance.

SECTION 11. For the purpose of recovering amounts expended by the commonwealth for the liabilities and other debts assumed and paid by the commonwealth on behalf of the office of a transferred sheriff, the secretary of administration and finance shall establish a plan to recover said amounts, which may include refinancing the indebtedness of said county, and the unfunded pension liabilities of employees of offices of transferred sheriffs. Said secretary shall establish an amortization schedule to recover any amounts so expended by the commonwealth which shall be filed with the clerks of the house of representatives and the senate not later than two months after the transfer date. Unless the general court changes said plan or schedule by law, said secretary shall proceed with implementation of said plan and schedule beginning one year after the transfer date; provided, however, that nothing herein shall preclude said assessment from being collected during the year prior to said implementation. For the duration of said schedule, the state treasurer shall, pursuant to section 20 of chapter 59 of the General Laws, assess upon each city and town within the former jurisdiction of the office of a transferred sheriff an amount equal to the county tax paid by each such city and town as assessed pursuant to the provisions of chapter 35 of the General Laws for the fiscal year beginning July 1 of the year immediately before the transfer date. The amount of the assessment shall be paid annually by each city or town to the treasurer of the commonwealth and shall remain in effect for the duration of said amortization schedule, which shall not exceed 25 years.

SECTION 12. The treasurers of Barnstable, Dukes, Norfolk and Plymouth counties shall cooperate with the secretary of administration and finance in effecting the orderly transfer of assets, liabilities, personnel, functions, duties and responsibilities from the offices of said county sheriffs to the commonwealth.

SECTION 13. (a) All employees of the offices of transferred sheriffs, including those who immediately prior to the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions by reason of section 9A of chapter 30 of the General Laws or do not hold such tenure, are hereby transferred to said transferred sheriff, without interruption of service within the meaning of said section 9A or said chapter 31, and without reduction in compensation or salary grade.

(b) Notwithstanding the provisions of any general or special law to the contrary, all such employees of the offices of transferred sheriffs shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws, and shall be considered employees for the purposes of said chapter 150E.

(c) All petitions, requests, investigations and other proceedings approximately and duly brought before said offices of transferred sheriffs, or duly begun by said sheriffs and pending before them prior to the transfer date, shall continue unabated and remain in force, but shall be assumed and completed by said office of transferred sheriff.

(d) All orders, rules and regulations duly made and all approvals duly granted by said transferred sheriffs which are in force immediately prior to the transfer date, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law by said sheriff.

(e) All books, papers, records, documents, and equipment, which immediately prior to the transfer date are in the custody of said transferred sheriffs shall be transferred to said sheriff upon the effective date of this act.

(f) All duly existing contracts, leases and obligations of said transferred sheriffs, shall continue in effect and shall be assumed by said transferee agency. No existing right or remedy of any character shall be lost, or affected by the provisions of this act.

SECTION 14. The rights of all employees of each office of transferred sheriffs shall continue to be governed by the terms of collective bargaining agreements, as applicable.

SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, a transferred sheriff in office immediately before the transfer date shall become an employee of the commonwealth with salary to be paid by the commonwealth. The sheriff shall remain an elected official under the provisions of section 159 of chapter 54 of the General Laws. Said sheriff shall operate pursuant to the provisions of chapter 37 of the General Laws. Such sheriff shall retain administrative and operational control over the office of the sheriff, the jail, the house of correction and any other occupied buildings controlled by a transferred sheriff upon the effective date of this act.

SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, the transferred sheriff shall be considered an "employer" as said term is defined in section 1 of chapter 150E of the General Laws for the purposes of said chapter 150E.

SECTION 17. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the sheriff, all deputies, jailers, superintendents, keepers, officers, assistants and other employees of the office of a transferred sheriff, employed immediately before the transfer date in the discharge of their responsibilities set forth in section 24 of chapter 37 and section 16 of chapter 126 of the General Laws, shall be transferred to the commonwealth with no impairment of employment rights held immediately before the transfer date, without interruption of service, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge layoff or abolition of position not prohibited before such date.

All demands, notices, citations, writs, precepts and all other notices given by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or other employees of the office of a transferred sheriff, as the case may be, on or before the transfer date shall be valid and effective for all purposes unless otherwise revoked, suspended, rescinded, canceled or terminated in accordance with law.

Any enforcement activity imposed by the sheriff, any deputies, jailers, superintendents, keepers, officers, assistants or other employees of the office of a transferred sheriff, before the transfer date, shall be valid, effective and continuing in force according to the terms thereof for all purpose unless superseded, revised, rescinded or canceled in accordance with law.

All petitions, hearings appeals, suits and other proceedings duly brought against, and all petitions, hearings, appeals, suits, prosecutions and other legal proceedings begun by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or the employees of the office of a transferred sheriff, as the case may be, which are pending before the transfer date shall continue unabated and remain in force notwithstanding the passage of this act.

All records maintained by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants and other employees of the office of a transferred sheriff before the transfer date shall continue to enjoy the same status in any court or administrative proceeding, whether pending on said transfer date or commenced thereafter, as they would have enjoyed in the absence of the passage of this act.

SECTION 18. All officers and employees of the office of a transferred sheriff transferred to the service of the commonwealth shall be transferred with no impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation, except as otherwise provided in this act. Any collective bargaining agreement in effect for such transferred employees immediately before the transfer date shall continue as if the employees had not been so transferred, until the expiration date of such collective bargaining agreement. Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the date of said transfer, or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to such date.

SECTION 19. (a) Notwithstanding the provisions of any general or special law to the contrary, employees of the office of a transferred sheriff who become state employees under this act and who are eligible for group insurance coverage as provided under chapter 32B of the General Laws or who are insured under said chapter 32B, shall have said eligibility and coverage transferred to the jurisdiction of the group insurance commission effective four months after the transfer date, and said employees shall cease to be eligible or insured under the provisions of said chapter 32B. The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under the provisions of chapter 32A of the General Laws; provided, however, that county employees who were covered by a collective bargaining agreement on the date of said transfer to said jurisdiction shall continue to receive the group insurance benefits required by their respective collective bargaining agreements until the expiration date of said agreements. All questions relating to group insurance rights, obligations, costs and payments shall be determined by the group insurance commission, and shall include the manner and method for the payment of all required premiums applicable to all such coverage.

(b) The human resources division of the executive office for administration and finance shall assume the obligations of the office of a transferred sheriff to employees who become state employees and who are covered under a health and welfare trust fund agreement established under section 15 of chapter 32B of the General Laws pursuant to a collective bargaining agreement until the expiration date of the collective bargaining agreement.

(c) Any monies in the employees' group insurance trust funds of Barnstable, Dukes, Norfolk and Plymouth counties established pursuant to section 8A of said chapter 32B three months after the transfer date that would otherwise have been paid toward benefits for employees of the transferred sheriffs shall be transferred to the Group Insurance Commission Trust Fund established pursuant to section 9 of said chapter 32A.

(d) Any monies in a claims trust fund established pursuant to section 3A of said chapter 32B that would otherwise have been reserved for claims made by employees of a transferred sheriff are hereby transferred to the group insurance commission as of the transfer date.

SECTION 20. Notwithstanding the provisions of chapter 32 of the General Laws or the provisions of any other general or special laws to the contrary, the retirement system in the county of a transferred sheriff shall continue pursuant to this section and shall be managed by the retirement board as provided in this section beginning on the transfer date. Employees of a transferred sheriff who retired on or before the transfer date shall be members of the county retirement system, which shall pay the cost of benefits annually to such retired county employees and their survivors. The retirement assets of the employees of transferred sheriffs who become state employees pursuant to this act shall be transferred from said county retirement system to the state retirement system, which shall thereafter be responsible for said employees, subject to the provisions of law applicable to employees whose transfer from one governmental unit to another results in the transfer from one retirement system to another.

All other provisions governing the retirement systems of the counties of Barnstable, Dukes, Norfolk and Plymouth shall remain in effect.

SECTION 21. There is hereby established a special task force on the valuation of assets and liabilities of the offices of transferred sheriffs that shall compile an inventory and provide for the valuation of all real and personal property, assets, liabilities and debts of all counties of the commonwealth for the purposes of the transfer of its critical functions, assets and liabilities to the commonwealth. The task force shall consist of 11 members including four members of the house of representatives appointed by the speaker of the house of representatives one of whom shall be the house chairman of the joint committee on municipalities and regional government, one of whom shall be the chairman of the house committee on ways and means, and one of whom shall be a member of the minority party, four members of the senate appointed by the senate president one of whom shall be the senate chairman of the joint committee on municipalities and regional government, one of whom shall be the chairman of the senate committee on ways and means, and one of whom shall be a member of the minority party, and the secretary of administration and finance, the inspector general and the state auditor. The chairmen of the joint committees on municipalities and regional government shall serve as the co-chairmen of said task force.

The task force is hereby authorized and directed to contract for an independent audit and valuation of the total assets and liabilities of each transferred sheriff. The task force shall establish uniform criteria for conducting said audits and evaluations and shall require that the valuation of assets shall distinguish between disposable, fungible assets and assets necessary to the ongoing core functions of county government which cannot be practicably conveyed.

Real and personal property to be examined by said task force shall include, but shall not be limited to, the correctional facilities and ancillary structures, buildings, offices, vehicles and other resources of each transferred sheriff. Said task force is hereby authorized and directed to report to the clerks of the house of representatives and the senate on the finances, operations, personnel and management structure of office of each transferred sheriff. Said report shall include, but not be limited to, the following: an audit for fiscal year 2008 that details revenues, expenditures, assets and liabilities in accordance with statutory accounting principles and, where possible, generally accepted accounting principles; operating budgets by expenditure type for the prior three years; revenues for the prior three years; fee structures in effect in fiscal year 2008; instrument counts for the prior three fiscal years; property and equipment leases in effect for fiscal year 2008 and fiscal year 2009, including lease terms, conditions, expiration dates and payment rates; contracts in effect for fiscal year 2008 and fiscal year 2009, including contract terms, conditions, expiration dates and rates; fiscal year 2008 facility operating costs; and a current equipment inventory.

Said report shall include an organizational chart for each transferred sheriff's office and shall establish a personnel profile for each current employee that shall include, but not be limited to, the following information as of the date said information is compiled: an actual and functional job title; compensation rate; collective bargaining status; accrued sick, vacation and personal days, vesting status for retirement purposes and length of service. Said report shall include the status of any collective bargaining agreements in effect as of the date said information is compiled, including contractually binding commitments not funded in fiscal year 2009 and any obligation required to be funded in fiscal year 2010. Said report shall project the likely costs to be incurred by the commonwealth in converting each such registry and sheriff's office to the personnel classification system established by chapter 31 of the General Laws.

Said report shall include an analysis of the pension funding status for each transferred sheriff's office, including any unfunded liabilities, the funding sources for current and future pension liabilities and a projection of the cost or savings, if any, of transferring said pension liabilities to the commonwealth, including the commonwealth's pension defined benefit plan.

Said report shall include any recommendations, including legislation necessary to effectuate the orderly and cost-effective transfer to the commonwealth of the operations of the office of sheriff in the counties of Barnstable, Dukes, Norfolk and Plymouth.

Representatives of the division of capital planning and asset management, the group insurance commission and the public employee retirement administration commission shall be nonvoting members of said task force and shall make available resources as necessary to meet its purposes.

Said report shall be filed with the clerks of the house of representatives and the senate on or before February 1, 2009.

All county officers and employees shall cooperate with the task force by providing information necessary to the performance of its duties, including, but not limited to, providing inventories and lists of properties owned by the county related to the office of a transferred sheriff as of the effective date of this act and acquisitions and dispositions of such property subsequent thereto. The task force shall establish objective criteria for the disposition or reuse of properties in possession of counties under the control of a transferred sheriff and transferred to the commonwealth by this act, and for the disposition of related functions or programs, gathering pertinent information with respect to each of the properties, functions and programs being reviewed, holding public hearings as it deems appropriate, and taking such other actions as it determines necessary. The task force shall prepare a specific plan for the disposition or reuse of properties. Such a plan shall be included in the report to be filed on or before February 1, 2009.