SENATE, No. 1183

SECTION 1. (a) Notwithstanding the provisions of any general or special law to the contrary, all functions, duties and responsibilities for the operation and management of the jail and house of correction, including the department of public safety, but not including the fire training academy, in Barnstable county are hereby transferred to the commonwealth, subject to the provisions of this act.

(b) Pursuant to this act Cape Cod regional government, known as Barnstable county, is hereby established within the geographical boundaries of Barnstable county.  Notwithstanding the provisions of any general or special law to the contrary, pursuant to this act, all powers and duties of the county government of Barnstable are transferred to the Cape Cod regional government.  Nothing in this act shall affect the existing county boundaries.
(c) All powers and duties of Barnstable county described in chapter 163 of the Acts of 1988 (Barnstable County Home Rule Charter) and chapter 716 of the Acts of 1989 and chapter 2 of the Acts of 1990 (Cape Cod Commission Act) are preserved, transferred to, and shall be retained by Cape Cod regional government.  Nothing in this act shall be construed to alter the powers and duties and organizational structure as described in chapter 163 of the Acts of 1988 and chapter 716 of the Acts of 1989 and chapter 2 of the Acts of 1990, except as may be otherwise provided in this act.  Any and all regional planning activities or functions established for Barnstable county pursuant to the provisions of chapter 716 of the Acts of 1989 and chapter 2 of the Acts of 1990 shall be retained by the Cape Cod commission.  All powers and duties of Barnstable county under any existing regional service agreements or special acts or laws are hereby transferred to the Cape Cod regional government.  Nothing in this act shall be construed to create a new unit within the Barnstable county retirement system and there shall be no break in service as a result of this transfer.
(d) Notwithstanding the provisions of any general or special law to the contrary, pursuant to this act Cape Cod regional government shall retain the powers and duties of counties under chapter 34, chapters 81 to 88, inclusive, and chapter 140 of the General Laws.  All petitions, hearings and other procedures duly brought before, and all prosecutions and legal and other proceedings duly begun by Barnstable county and the Cape Cod commission, which arise from or relate to the exercise of its powers or the performance of duties, and which are pending or incomplete immediately prior to the effective date of this act, shall continue unabated and remain in full force and effect notwithstanding the passage of this act, and shall thereafter be completed in accordance with this act.  All orders, actions, guidelines, standards, criteria, designations, procedures, bylaws, regulations, conditions, modifications, and decisions duly made and all licenses, permits, authorities, permissions, certificates, approvals, and endorsements, duly granted, by Barnstable county and the Cape Cod commission, which arise from or relate to the exercise of its powers or the performance of duties, and which are in effect immediately prior to the effective date of this act, shall continue in full force and effect and the provisions thereof shall thereafter be enforced until superseded, revised, rescinded or canceled in accordance with this act and any other applicable law.
(e) The Cape Cod regional government may apply for and receive any state and federal funds or grants; may apply for and receive any municipal or private grants or loans; and may accept and expend such funds received in the same manner as permitted to do under the charter and Massachusetts general laws.
(f) The authority granted in chapter thirty-five of the General Laws to county officials to levy and collect a county tax, to borrow money in anticipation of taxes and other revenues, to pay bills, for the supervision of county finances by the state government shall all be applicable to the Cape Cod regional government.  The Cape Cod regional government shall, for the purposes of chapter thirty-five, be deemed to be the county government and the powers authorized to be exercised by county officers or agencies under said chapter thirty-five shall be exercised by the regional officer or agency performing the same or substantially similar powers and duties.
(g) The Cape Cod regional government shall for all purposes be deemed to be the lawful successor to Barnstable County with respect to the authority granted to Barnstable county by section 2 of chapter 163 of the acts of 1988, and by sections 11 and 12 of chapter 64D of the General Laws to levy and collect an additional tax upon deeds, instruments and writings and to retain said funds to meet its expenses.
(h) Notwithstanding the provisions of section thirty-one of chapter thirty-five of the General Laws, or any other general or special law to the contrary, the Cape Cod regional government may establish and maintain from year-to-year the following reserve accounts: statutory reserve account, workmen’s compensation reserve account, receipts reserved for appropriations account, stabilization fund, and a capital improvements stabilization fund.
(i) Notwithstanding any provision to the contrary, the Cape Cod regional government shall have the authority to authorize revolving funds in accordance with General Laws chapter 44, 53E and enterprise funds in accordance with General Laws chapter 44, 53F½.
(j) Notwithstanding the provisions of subsection (a) of section 28B of chapter 35 of the General Laws or any other general or special law to the contrary, the advisory board for county expenditures to serve in conjunction with the Cape Cod regional government shall consist of the persons elected from each town to serve as members of the regional assembly of delegates.
(k) Notwithstanding any general or special law to the contrary, pursuant to this act any political subdivision of the commonwealth may enter into agreement with the Cape Cod regional government to perform jointly or for the other, or in cooperation with other entities, any service, activity or undertaking which such political subdivision is authorized by law to perform.  For the term of such agreement and subject to the terms thereof, said Cape Cod regional government shall be authorized to perform such service, activity or undertaking.  For the purposes of federal programs, including but not limited to grant eligibility under the home investment partnerships program, the Cape Cod regional government shall be considered a unit of general local government with equivalent rights and privileges of a county in those states in which counties are recognized.
(1) The Cape Cod regional government shall for all purposes be deemed to be the lawful successor to Barnstable county.  All property both real and personal held by Barnstable county at the time this act becomes effective shall become the property of the Cape Cod regional government.  Notwithstanding the foregoing, the personal property in the care and possession of the Sheriff’s Department of Barnstable County shall remain under the control of said department or its corporate successor.
(m) All records, property and equipment whatsoever of any agency or part thereof, the powers of which are assigned in whole or in part to another county agency, shall be transferred forthwith to the Cape Cod regional government.  Notwithstanding the foregoing, the records and equipment in the care and possession of the Sheriff’s Department of Barnstable County shall remain under the control of said department or its corporate successor.
(n) All valid liabilities and debts of Barnstable county pertaining to the functions cited in subsection (a) which are in force on June thirtieth, two thousand and four are henceforth obligations of the commonwealth.
All valid leases and contracts of Barnstable county pertaining to the functions cited in said subsection (a) which are in force on June thirtieth two thousand and four are henceforth 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.
(o) Notwithstanding any general or special law to the contrary, pursuant to this act the sheriff of Barnstable county shall become an employee of the commonwealth under the secretary of public safety.  The sheriff shall remain an elected official under the general direction of the executive office of public safety.
(p) Notwithstanding any general or special law to the contrary, pursuant to this act, the commonwealth shall assume all financial control and responsibility over the Barnstable county department of public safety and the Barnstable county jail and house of correction, including the funding provided by the county known as the maintenance of effort.
(q) All revenues collected from the operation of the functions cited in subsection (a) shall become revenues of the commonwealth on and after the effective date of this act, subject to the provisions of this act.  All revenues collected from the operation of the functions cited in said subsection (a) before the effective date of this act which have not been expended or encumbered, shall be transferred to the commonwealth, subject to the provisions of this act.
(r) Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, pursuant to this act the Barnstable county sheriff, all deputies, jailers, superintendents, keepers, officers, assistants and other employees of the sheriff, including employees working in the department of public safety, employed on the effective date of this act in the discharge of their responsibilities set forth in section twenty-four of chapter thirty-seven and in section sixteen of chapter one hundred and twenty-six of the General Laws, transferred by this act to the commonwealth, shall be transferred with no impairment of employment rights held immediately before the effective date of this act without interruption of service, without impairment of seniority, retirement or other rights of employees, without reduction compensation or salary grade and without change in union representation.
Any collective bargaining agreement in effect immediately before said effective date of the transfer 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 subsection 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 sheriff, as the case may be, before the effective date of this act 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 sheriff, before the effective date of this act shall be valid, effective and continuing in force according to the terms thereof for all purposes, 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 other employees of the sheriff, as the case may be, which are pending immediately before the effective date of this act, 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 sheriff before the effective date of this act shall continue to enjoy the same status in any court or administrative proceeding, whether pending on the effective date of this act or commenced thereafter, as they would have enjoyed in the absence of the passage of this act.
(s) In the case of employees of the Barnstable county jail or house of correction in the custody and control of the sheriff of Barnstable county, the employer, as defined in section one of chapter one hundred and fifty E of the General Laws, shall mean the sheriff of Barnstable county or any individual who is designated to represent the sheriff and act in his interest in dealing with employees.
(t) Employees of the Barnstable county jail and house of correction and department of public safety shall become a part of the state retirement system and are subject to the health insurance plans, rules and regulations of said system.  Employees of the Cape Cod regional government shall remain a part of the Barnstable County retirement system and are subject to the health insurance plans, rules and regulations of the Cape Cod regional government.  The Cape Cod regional government shall be a member of the Barnstable county retirement system as successor to Barnstable county.  The unfunded pension liability for employees of the Barnstable county jail and house of correction and department of public safety shall remain a part of the Barnstable county retirement system.
The powers, duties and responsibilities of Barnstable county with respect to group health insurance under chapter thirty-two B of the General Laws are hereby transferred to the Cape Cod regional government.
(u) Notwithstanding the provisions of any general or special law or rule to the contrary, except as provided for in this act, all other county employees employed on the effective date of this act shall be transferred to the Cape Cod regional government with no impairment of employment rights held immediately before the effective date of this act, without interruption of service, without impairment of seniority, retirement or other rights of employees, and without reduction of pension benefits, compensation or salary grade.  Any collective bargaining agreement in effect immediately before said effective date of the transfer 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 subsection 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.
(v) Notwithstanding the provisions of any general or special law to the contrary, pursuant to this act the director of finance for the Cape Cod regional government shall assume all functions, duties and responsibilities of the county treasurer and shall serve in the same capacity as the county treasurer with respect to the retirement system and for all other purposes as described in the General Laws.
(w) Notwithstanding any special or general law to the contrary, pursuant to this act, and all subsequent fiscal years, Cape Cod Regional Government may impose a regional assessment up to one hundred and two and one-half percent of the amount of the county tax assessed under the provisions of chapter thirty-five of the General Laws.  An assessment in excess of said one hundred and two and one-half percent may be imposed in any year with the concurrence of a majority of the voters voting in an annual or special election of the towns located within the geographical confines of Barnstable county.  The regional assessment may be reduced or increased pursuant to the action of the assembly of delegates subject to the same formula and limits of the former county tax.
(x) The commonwealth shall not assess the towns of Barnstable county for the transfer of former county functions either directly, through a reduction in local aid, or by any other means.  This section shall not be construed as a prohibition of the imposition by the Barnstable County Sheriff’s Department of a fee to cities and towns within Barnstable County for public safety services.
(y) Notwithstanding any special or general law to the contrary, pursuant to this act the deeds excise tax allocated in accordance with chapter 193, Acts of 1989, sections 2, 3 and 11 of the act, shall be appropriated to the Cape Cod regional government.  This section shall not effect that portion of the deeds excise tax designated for the benefit of the Sheriff’s Department of Barnstable County.

(z) Notwithstanding any special or general law to the contrary, pursuant to this act the Cape Cod commission shall be funded in accordance with the procedures established by chapter 163 of the Acts of 1988 and section 18 of chapter 716 of the Acts of 1989 and chapter 2 of the Acts of 1990.