PETITION OF:

SECTION 1. Chapter 64D of the General Laws is hereby amended by deleting section 11, and inserting in place thereof the following new section:

Section 11. There shall be established on the books of each county that has not been abolished pursuant to the provisions of chapter 34B, a separate fund, maintained separate and apart from all other funds and accounts of each county, to be known in each case as the Deed's Excise Fund.

Notwithstanding the provisions of any general or special law and of this chapter to the contrary, and except for Barnstable county and all counties that have been abolished pursuant to the provisions of chapter 34B or other applicable provision of law, on the first day of each month, 50.0 percent of the taxes collected pursuant to the provisions of this chapter shall be transmitted to the Deed's Excise Fund for each county. For Barnstable county, on the first day of each month, 35.83 per cent of the taxes collected pursuant to the provisions of this chapter, but not including the additional excise authorized under the provisions of section 2 of chapter 163 of the acts of 1988, shall be transmitted to the Deed's Excise Fund. The remaining percentage of taxes collected under the provisions of this chapter, including all taxes collected under the provisions of this chapter in all counties that have been abolished pursuant to the provisions of chapter 34B or other applicable provision of law shall be transmitted to and retained by the general fund in accordance with the provisions of section 10.

SECTION 2. The subsection (2) of the third paragraph of section 12 of chapter 64D is hereby amended by deleting said subsection, as so appearing, and inserting in place thereof the following: "(2) that of the amounts deposited in the Deed's Excise Fund for each county from revenues derived under the provisions of this chapter after providing from said fund for the cost of meeting county loan obligations incurred for the purpose of operating and maintaining the county, (a) not less than seventy‑eight and three‑quarters percent of the deposits is to be disbursed and expended for the operation and maintenance of the county jails and houses of correction, including other statutorily authorized facilities and functions of the office of the sheriff, except in Suffolk county where the percentage shall not be less than eighty-seven and one-quarter; (b) not more than twelve and three‑quarters percent is to be disbursed and expended for meeting the costs of the operation and maintenance of the county; and (c) not more than eight and one‑half percent is to be disbursed and expended for the automation, modernization and operation of the registries of deeds of the various counties, except Suffolk; and,"

SECTION 3: Chapter 64D is hereby further amended by striking section 13.

SECTION 4: The Governor's budget recommendation as well as the budget recommendations of the Senate and House committees on ways and means shall include a separate line item for each of the sheriffs' offices of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties for the purposes of funding 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 in those respective counties; provided further, that the daily county sheet for county facilities, so‑called, compiled by the executive office of public safety, shall be filed with the Massachusetts Sheriffs' Association not less than monthly; provided further, that all revenues including, but not limited to, revenue received from housing federal prisoners, United States Marshals, canteen revenues, inmate industries and work‑crew revenues shall be tracked and reported quarterly to the house and senate committees on ways and means and the Massachusetts Sheriffs' Association; provided further, that on or before August 15 of each year, each county sheriff shall submit a final spending plan for the current fiscal year to the county government finance review board and the house and senate committees on ways and means detailing the level of resources deemed necessary for the operation of each county correctional facility and the expenditures which shall be reduced to remain within the appropriation; and provided further, that each sheriff funded from this item shall report on a monthly basis to the house and senate committees on ways and means on the average monthly inmate population in the county starting not later that September 30, 2003.

SECTION 5. The sheriffs' offices of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth, and Suffolk counties may expend for operation of their respective departments, without further appropriation, amounts received from federal reimbursements, canteen revenues, work crew revenues, prison industries revenues, and any other revenue received from the sale of products and services.

SECTION 6. This law shall become effective upon passage.