Bill H.4669 186th (2009 - 2010)

HOUSE DOCKET, NO. 5008        FILED ON: 5/13/2010

House  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4669

The Commonwealth of Massachusetts

_______________

5/12 /2010

To the Honorable Senate and House of Representatives:

I am filing for your consideration a bill entitled “An Act Making Appropriations for the Fiscal Year 2010 to Provide for Supplementing Certain Exis ting Appropriations and for Certain Other Activities and Projects.”

              Consistent with our previously planned expenditures for fiscal year 2010, the legislation I am filing includes supplemental funding requests of $221 million to fund obligations including:

·          $162.8 million for MassHealth accounts (or $62.3 million in net co sts after accounting for federal revenues). This amount is necessary to meet the remaining shortfall within MassHealth accounts. The shortfall is related to utilization, enrollment and claims processing.

·          $25 million for legal representation for indigent p ersons at the Committee for Public Counsel Services.

·          $15.2 million for a deficiency at the Group Insurance Commission for health care premium costs on behalf of state employees and their dependents.

·          $5 million in aggregate to fund unavoidable deficiencies at several state sheriffs’ offices.

·          $5.3 million to meet increased caseload costs for Transitional Aid to Families with Dependent Children.

·          $2.7 million in additional funding for the Department of Conservation and Recreation to offset its costs in responding to the 2008 December ice storm.

              In addition to these amounts, I am requesting funds to implement historic agreements with our state employee unions, which in the spirit of shared sacrifice will allow us to avoid further layoffs and spending re ductions. Your timely action of the collective bargaining reserves included in this supplemental legislation is necessary to implement the terms of the agreements in fiscal year 2010. These agreements include:

·          Suffolk County Sheriff AFSCME, Locals 3643/39 67

·          Suffolk County Sheriff AFSCME, Council 93

·          Suffolk County Sheriff JOEASC

·          Worcester County Sheriff UAW

·          Worcester County Sheriff NEPBA, Local 550

·          Worcester County Sheriff NEPBA, Local 275

·          Middlesex Registry of Deeds AFSCME, Local 414

There are other agree ments that are currently under negotiation or are waiting for formal ratification. As additional agreements are ratified I will file for further funding necessary for their implementation.

              Furthermore, I am requesting at this time that you again consider including in this legislation all of the spending and language items that I have previously proposed but have yet to be enacted. Attached to this letter are lists of these items, which are still necessary to be funded and adopted in fiscal year 2010. For line-item amounts the most up-to-date estimate for needed supplemental funding is provided.

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

Respectfully su bmitted ,

                                                                             DEVAL L. PATRICK,

                                                             Governor.

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Ten

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An Act Making Appropriations for the Fiscal Year 2010 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 purpo ses, which are forthwith to make supplemental appropriations for fiscal year 2010 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.

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTIO N 1.               To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in t his 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, 201 0.  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 avail able for expenditure until June 30, 20 10 .

SECTION 2.

JUDICIARY

Committee for Public Counsel Services

0321-1510                             $25,000,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1702                             $2,700,000

Group Insurance Commission

1108-5200                             $15,194,266

Division of Administrative Law Appeals

1110-1000                             $54,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Department of Conservation and Recreation

2820-2000                             $275,843

EXECUTIVE OFFICE OF HEALTH AND HUMAN SE RVICES

Department of Transitional Assistance

4403-2000                             $5,375,035

4405-2000                             $804,303

Division of Medical Assistance

4000-0500                             $38,785,953

4000-0600                             $104,785,842

4000-0700                             $18,900,000

EXECUTIVE OFFICE OF EDUCATION

Department of Higher Education

7070-0065                             $966,753

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Military Division

8700-0001                             $1,050,000

SECTION 2A.  To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriation s, 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, 2010.  These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFF ICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary of Administration and Finance

1599-1703               For a reserve for the 75 per cent state share of costs incurred by Fitchburg State College, Worcester State College, Quinsigamond Community College, Mount Wa chusett Community College and Northern Essex Community College as identified for reimbursement by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm               $251,838

1599-1704               For a reserve for the costs related to the March 2010 floods               $500,000

1599-1705               For a reserve for the costs related to the May 2010 water main break emergency response               $750,000

1599-4334               For a reserve to meet the fiscal year 2010 costs of salary adjustments a nd other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Locals 3643/3967, and to meet the fiscal year 2010 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 administr ator, 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 po sitions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise av ailable 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               $129

1599-4335               For a reserve to meet the fiscal year 2010 costs of salary adjustments and ot her economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, and to meet the fiscal year 2010 cos ts 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 th e 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; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 amounts that are necessary to meet these costs where the amounts otherwise available are i nsufficient 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               $18

1599-4337               For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic b enefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the Corrections Officers New England Police Benevolent Association, Local 550, and to meet the fiscal year 2011 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 o f 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 secret ary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2011 amounts that are necessary to meet these costs where the amounts otherwise available are insufficient for the purpose, in a ccordance with a transfer plan which shall be filed in advance with the house and senate committees on ways and means; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item u ntil June 30, 2011               $135,563

1599-4341               For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Suffolk county sheriff’s department and the Jail Officers and Employees Association of Suffolk County, and to meet the fiscal year 2010 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 bar gaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriation and allocations thereof for fiscal year 2010 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               $572

1599-4348               For a re serve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the New England Police Benevolent Association, Local 275, and to meet the fiscal year 2011 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 year 2011 amounts that are necessary to meet these costs where the amou nts 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; and provided further, that any unexpended funds in this item shall not reve rt but shall be made available for the purposes of this item until June 30, 2011               $28,374

1599-4349               For a reserve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the Worcester county sheriff’s department and the United Auto Workers, and to meet the fiscal year 2011 costs of salary adjustments and other economic benefits necessary to provide equal adjustments and benefits to employees employed in confidential positi ons 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 accordanc e 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 fisc al year 2011 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; a nd provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2011               $35,582

1599-8100               For a reserve for the costs relating to unavoidable deficiencies for county sheriff offices in fiscal year 2010; provided, that no funds made available under this item shall be expended until the secretary of administration and finance has provided written approval identifying the amount to be disbursed to each sheriff office in those ca ses where it is determined that an unavoidable deficiency requires additional funding; and provided further, that such written approval shall be provided to the house and senate committees on ways and means               $5,000,000

SECTION 2B.  To provide for supplemen ting certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2010, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of p urpose 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, 2010.  These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2030-1004                             $80,000

ICHH Funding Extension

SECTION 3.  Item 1599-1004 of section 2 of chapter 182 of the acts of 2 008 is amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes under this item until June 30, 2011”

GIC Reimbursement Funding Extension

SECTION 4.   Item 1599-1027 of section 2A of chapter 86 of the acts of 2010 is amended by adding the following words:- ; and provided further, that any unexpended funds in this item shall not revert and shall be made available for the purposes under this item until J une 30, 2011”.

Additional Registry of Deeds Unit in Collective Bargaining Reserve

SECTION  5.  Section 2A of said chapter 86 is hereby further amended by striking out item 1599-4286 and inserting in place thereof the following item:-

1599-4286.. For a rese rve to meet the fiscal year 2010 costs of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Berkshire Registries of Deeds – Service Employees International Union, Local 888; Es sex North/South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653; Hampden Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – Office o f Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653, Local 414; Suffolk Registry of Deeds – Service Employees International Union, Lo cal 888; Worcester North Registry of Deeds – Service Employees International Union, Local 888 and to meet the fiscal year 2010 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, however, that the personnel administrator, with the approval of the secretary of administration and finance, shall determine these adjustments and benefits for the con fidential employees in accordance with the collective bargaining agreement then in effect which otherwise would cover these positions; and provided further, that the secretary may transfer from the sum appropriated in this item to other items of appropriat ion and allocations thereof for fiscal year 2010 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 se nate committees on ways and means.......................... $275

Allow MassHealth to Spend into the Accounts Payable Period for the ISAs with Other EHS agencies

SECTION 6. Notwithstanding any general or special law or rule or regulation to the contrary, any unexpended balances, not to exceed a total of $15,000,000, in items 4000-0600 and 4000-0700 of section 2 of chapter 27 of the acts of 2009 , shall not revert to the Gener al Fund until September 1, 2010, and may be used by the executive office of health and human services to pay for services provided during fiscal year 2010.

Transferability in DDS line items

SECTION 7.  Notwithstanding any general or special law to the cont rary, the secretary of health and human services, with the written approval of the secretary of administration and finance, may authorize transfers totaling not more than $4,000,000 from items 5911-1003, 5920-2000, 5920-2010, 5920-2025, 5920-3000, 5920-301 0 of section 2 of chapter 27 of the acts of 2009 to item 5930-1000 of said section 2 for the purpose of reducing any deficiency in said item 5930-1000 of said section 2, but any such transfer shall take place not later than August 31, 2010.