Chap. 0498 An Act providing for the payment by the commonwealth to its municipalities of a portion of the highway fund to enable them to carry out local highway projects for the purpose of alleviating existing conditions resulting from unemployment, and providing for the reconstruction and repair of certain highways and bridges damaged by the recent storm.

Whereas, The deferred operation of this act would tend to defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. (Disapproved by the governor by message to the house of representatives filed July 27, 1938. Objections of governor sustained by vote of the house of representatives July 27, 1938.)

Section 2. (Disapproved by the governor by message to the house of representatives filed July 27, 1938. Objections of governor sustained by vote of the house of representatives July 27, 1938.)

Section 3. For the purpose of repairing the damage to public ways in the commonwealth caused by the recent storm, there shall also be available for expenditure by the state department of public works and certain cities and towns, without further appropriation, from the Highway Fund, such amounts as shall be determined by said emergency finance board, as hereinafter provided, but not exceeding, in the aggregate, five hundred thousand dollars. Any sums made available for expenditure by the state department of public works under this section shall be expended by it, together with federal funds, if any, allocated to the commonwealth and available for such expenditure, for the purpose of repairing or reconstructing state highways, including surface drainage, sidewalks, curbings and bridges, so damaged; and any sum received by a city or town under

this section shall be placed in a separate fund and shall, under the direction of the local highway department, be expended, without appropriation, together with federal funds, if any, allocated to such city or town and available for such expenditure, for the purpose of repairing or reconstructing local highways, including surface drainage, sidewalks, curb-ings and bridges, so damaged.

Section 4. Projects to be entered into under authority of section three of this act shall be submitted to said emergency finance board, in the case of state highways by the commissioner of public works and in case of local highways by the mayor and city council in the case of cities or by the selectmen in the case of towns, and no project shall be entered into under said section three unless it is approved, with respect to the necessity and location thereof, by said board.  The decision of said board shall be final.

Section 5. Persons employed for work on any project entered into under authority of this act shall not be subject to the civil service laws or the rules and regulations made thereunder. Approved July 27, 1938.