AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2006 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS.
??????????? Whereas, The deferred operation of this act would tend to defeat its purpose, which is immediately to make appropriations for the fiscal year beginning July 1, 2005, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for 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:
??????????? SECTION 1. To provide for the maintenance of the several departments, boards, commissions and institutions and other services, and for certain permanent improvements and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D and 3, are hereby appropriated from the General Fund unless specifically designated otherwise, subject to the provisions of law regulating the disbursement of public funds and the approval thereof for the fiscal year ending June 30, 2006.? All sums appropriated under this act, including supplemental and deficiency budgets, shall be expended in a manner reflecting and encouraging a policy of nondiscrimination and equal opportunity for members of minority groups, women and handicapped persons.? All officials and employees of an agency, board, department, commission or division receiving monies under this act shall take affirmative steps to ensure equality of opportunity in the internal affairs of state government, as well as in their relations with the public, including those persons and organizations doing business with the commonwealth.? Each agency, board, department, commission or division, in spending appropriated sums and discharging its statutory responsibilities, shall adopt measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, rates of compensation, in-service or apprenticeship training programs and all terms and conditions of employment.
Fiscal Year
2006 Revenue by Source and Budgeted Fund (in Millions) |
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Source |
?All |
?General |
?Highway |
?School Mod. |
?MBTA |
|
?Budgeted |
?Fund |
?Fund |
?and Recon.?
|
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?Funds* |
|
|
?Trust |
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|
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Tax Revenue |
||||||
Alcoholic
Beverages |
???????????????? 69.6 |
???????????????? 69.6 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Cigarettes |
?????????????? 400.8 |
?????????????? 332.1 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Corporations |
??????????? 1,160.3 |
??????????? 1,160.3 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Deeds |
?????????????? 161.9 |
?????????????? 161.9 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Estate |
?????????????? 220.9 |
?????????????? 220.9 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Financial
Institutions |
?????????????? 210.3 |
?????????????? 210.3 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Income |
??????????? 9,527.9 |
??????????? 9,527.9 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Insurance |
?????????????? 412.1 |
?????????????? 412.1 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Motor Fuels |
?????????????? 708.3 |
?????????????? 101.6 |
?????????????? 605.8 |
??????????????????? -?? |
??????????????????? -?? |
|
Public
Utilities |
???????????????? 59.9 |
???????????????? 59.9 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Room Occupancy |
?????????????? 105.3 |
???????????????? 68.4 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Sales-Regular |
??????????? 2,830.5 |
??????????? 1,845.3 |
??????????????????? -?? |
?????????????? 400.8 |
?????????????? 584.4 |
|
Sales-Meals |
?????????????? 585.4 |
?????????????? 585.4 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Sales-Motor
Vehicles |
?????????????? 621.0 |
?????????????? 404.9 |
??????????????????? -?? |
???????????????? 87.9 |
?????????????? 128.2 |
|
Miscellaneous |
?????????????????? 4.2 |
?????????????????? 4.2 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
UI Surcharges |
???????????????? 21.5 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Total Taxes |
???????
17,100.0 |
???????
15,164.9 |
????????
605.767 |
???????????? 488.7 |
???????????? 712.6 |
|
|
|
|
|
|
|
|
Anticipated
changes to tax laws |
?????????????? 105.0 |
?????????????? 105.0 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
Enhanced audits |
???????????????? 78.0 |
???????????????? 78.0 |
|
|
|
|
Total
Changes |
???????????? 183.0 |
???????????? 183.0 |
??????????????????? -?? |
??????????????????? -?? |
??????????????????? -?? |
|
|
||||||
?Total Taxes |
???????
17,283.0 |
???????
15,347.9 |
???????????? 605.8 |
???????????? 488.7 |
???????????? 712.6 |
|
?SBAB Transfer |
??????????? (488.7) |
|
|
??????????? (488.7) |
|
|
?MBTA Transfer |
???????????
(712.6) |
|
|
|
???????????
(712.6) |
|
?Pension Transfer |
???????
(1,274.7) |
???????
(1,274.7) |
???????????????????
-?? |
???????????????????
-?? |
???????????????????
-?? |
|
?Total Taxes for Budget |
???????
14,807.0 |
???????
14,073.2 |
????????????
605.8 |
???????????????????
-?? |
???????????????????
-?? |
|
|
|
|
|
|
|
|
Non-Tax
Revenue |
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|
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Federal
Reimbursements |
??????????? 5,263.0 |
??????????? 4,933.4 |
???????????????? 3.6 |
??????????????????? -?? |
??????????????????? -?? |
|
Departmental
Revenues |
??????????? 1,969.2 |
??????????? 1,489.4 |
???????????? 444.2 |
??????????????????? -?? |
??????????????????? -?? |
|
Consolidated
Transfers |
??????????? 1,394.6 |
??????????? 2,100.3 |
?????????????? (0.3) |
??????????????????? -?? |
??????????????????? -?? |
|
GRAND TOTAL REVENUE FOR
BUDGET |
???????
23,433.8 |
???????
22,596.3 |
?????????
1,053.3 |
??????????????????? -?? |
??????????????????? -?? |
|
* Includes revenue
deposited into and transfers out of the Workforce Training Fund, Mass Tourism
Fund, Federal Medicaid Assistance Percentage (FMAP) Fund, Inland Fish and
Game Fund, and Stabilization Fund. |
SECTION
1B. The comptroller shall keep a distinct account of actual receipts of non-tax
revenues by each department, board, commission or institution to furnish the
executive office for administration and finance and the house and senate
committees on ways and means with quarterly statements comparing such receipts
with projected receipts set forth herein and to include a full statement
comparing such receipts with projected receipts in the annual report for such
fiscal year pursuant to section 12 of chapter 7A of the General Laws. The
quarterly and annual reports shall also include detailed statements of any
other sources of revenue for the budgeted funds in addition to those specified
in this section.
????????????????????????????????? ?
Non-Tax Revenue:? Department
Summary
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
Judiciary
Supreme Judicial Court??????????????????????????????????????????????????? $2,500,479??????????????????????????? $0?????????????????? $2,500,479
Committee for Public Counsel?????????????????????????????????????????????? $35,000??????????????????? $750,000???????????????????? $785,000
Appeals Court?????????????????????????????????????????????????????????????? $434,503??????????????????????????? $0???????????????????? $434,503
Trial Court?????????????????????????????????????????????????????????????? $73,913,900??????????????? $37,000,000??????????????? $110,913,900
??????????????????????????????????????????????? TOTALS :???????????????? $76,883,882??????????????? $37,750,000??????????????? $114,633,882
District Attorneys
Northern District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Northwestern District Attorney?????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Eastern District Attorney????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Middle District Attorney?????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Plymouth District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Hampden District Attorney??????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :?????????????????????????? ($1)??????????????????????????? $0?????????????????????????? ($1)
Office of the Governor
Office of the Governor???????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Office of the Secretary of State
Secretary of State????????????????????????????????????????????????????? $200,309,224??????????????????? $105,000??????????????? $200,414,224
??????????????????????????????????????????????? TOTALS :??????????????? $200,309,224??????????????????? $105,000??????????????? $200,414,224
Office of the State Treasurer
State Lottery Commission?????????????????????????????????????????????? $1,408,690??????????????????????????? $0?????????????????? $1,408,690
Treasurer's Office????????????????????????????????????????????????????? $300,598,069??????????????????????????? $0??????????????? $300,598,069
State Lottery Commission??????????????????????????????????????????? $297,047,204?????????????? $765,031,181???????????? $1,062,078,385
Mass Cultural Council???????????????????????????????????????????????????? $8,900,000??????????????????????????? $0?????????????????? $8,900,000
??????????????????????????????????????????????? TOTALS :??????????????? $607,953,963?????????????? $765,031,181???????????? $1,372,985,144
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
State Auditor's Office
State Auditor's Office?????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Office of the Attorney General
Attorney General???????????????????????????????????????????????????????? $8,293,341??????????????????????????? $0?????????????????? $8,293,341
Victim Witness Assistance????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :?????????????????? $8,293,341??????????????????????????? $0?????????????????? $8,293,341
Ethics Commission
Ethics Commission?????????????????????????????????????????????????????????? $31,100??????????????????????????? $0????????????????????? $31,100
??????????????????????????????????????????????? TOTALS :????????????????????? $31,100??????????????????????????? $0????????????????????? $31,100
Office of the Inspector General
Inspector General??????????????????????????????????????????????????????????????????? $0??????????????????? $493,819???????????????????? $493,819
??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????? $493,819???????????????????? $493,819
Campaign & Political Finance
Campaign & Political Finance?????????????????????????????????????????????? $48,000??????????????????????????? $0????????????????????? $48,000
??????????????????????????????????????????????? TOTALS :????????????????????? $48,000??????????????????????????? $0????????????????????? $48,000
Office of the State Comptroller
Comptroller's Office??????????????????????????????????????????????????? $74,481,598??????????????????? $750,000???????????????? $75,231,598
??????????????????????????????????????????????? TOTALS :???????????????? $74,481,598??????????????????? $750,000???????????????? $75,231,598
Executive Office: Administration & Finance
Secretary of Administration & ????????????????????????????????????????? $1,154,749??????????????????????????? $0?????????????????? $1,154,749
Division of Fiscal Affairs - ???????????????????????????????????????????? $61,005,229??????????????????????????? $0???????????????? $61,005,229
Fingold Library?????????????????????????????????????????????????????????????????? $868??????????????????????????? $0????????????????????????? $868
Office of Dispute Resolution?????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
DCAMM???????????????????????????????????????????????????????????????? $19,897,206??????????????? $13,940,000???????????????? $33,837,206
Group Insurance Commission???????????????????????????????????????? $198,370,342??????????????????????????? $0??????????????? $198,370,342
Division of Administrative Law ??????????????????????????????????????????? $85,000??????????????????????????? $0????????????????????? $85,000
M.C.A.D.??????????????????????????????????????????????????????????????????????? $2,000????????????????? $2,556,232?????????????????? $2,558,232
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
Civil Service Commission??????????????????????????????????????????????????? $26,627??????????????????????????? $0????????????????????? $26,627
Dept of Revenue?????????????????????????????????????????????????????? $207,650,359????????????????? $6,547,283??????????????? $214,197,642
Appellate Tax Board???????????????????????????????????????????????????? $1,374,810??????????????????? $300,000?????????????????? $1,674,810
Human Resources Division?????????????????????????????????????????????????? $12,000????????????????? $1,577,500?????????????????? $1,589,500
Division of Operational Services??????????????????????????????????????? $1,959,639????????????????? $1,008,000?????????????????? $2,967,639
BSOB???????????????????????????????????????????????????????????????????????? $116,401??????????????????????????? $0???????????????????? $116,401
Division of Information ?????????????????????????????????????????????????????????? $0??????????????????? $467,837???????????????????? $467,837
Veterans Affairs?????????????????????????????????????????????????????????????? $25,626??????????????????? $300,000???????????????????? $325,626
??????????????????????????????????????????????? TOTALS :??????????????? $491,680,856??????????????? $26,696,852??????????????? $518,377,708
Executive Office: Environmental Affairs
Dept of Conservation and ?????????????????????????????????????????????? $4,140,780??????????????????????????? $0?????????????????? $4,140,780
Secretary of Environmental ???????????????????????????????????????????? $1,487,600??????????????????? $375,000?????????????????? $1,862,600
Dept of Conservation and ?????????????????????????????????????????????? $6,014,748????????????????? $4,454,826???????????????? $10,469,574
Dept of Environmental ??????????????????????????????????????????????? $42,826,682????????????????? $1,200,000???????????????? $44,026,682
Fish/Wildlife Environmental ????????????????????????????????????????? $11,976,545??????????????????? $217,989???????????????? $12,194,534
Dept of Conservation and ?????????????????????????????????????????????? $4,126,276????????????????? $3,175,000?????????????????? $7,301,276
Dept of Food & Agriculture????????????????????????????????????????????? $4,369,614??????????????????????????? $0?????????????????? $4,369,614
??????????????????????????????????????????????? TOTALS :???????????????? $74,942,245????????????????? $9,422,815???????????????? $84,365,060
Executive Office: Human Services
Secretary of Human Services?????????????????????????????????????? $2,628,714,145?????????????? $291,000,000???????????? $2,919,714,145
Division of Health Care Finance?????????????????????????????????????? $12,858,837??????????????????????????? $0???????????????? $12,858,837
Mass Commission for the Blind???????????????????????????????????????? $3,279,500??????????????????????????? $0?????????????????? $3,279,500
Mass Rehabilitation Commission??????????????????????????????????????? $2,485,000????????????????? $2,000,000?????????????????? $4,485,000
Mass Commission for the Deaf??????????????????????????????????????????? $183,500??????????????????? $175,000???????????????????? $358,500
Department of Early Education and Care?????????????????????????? $196,113,189??????????????????????????? $0??????????????? $196,113,189
Chelsea Soldiers' Home????????????????????????????????????????????????? $10,594,400??????????????????? $252,500???????????????? $10,846,900
Holyoke Soldiers' Home??????????????????????????????????????????????? $12,707,159??????????????????? $393,603???????????????? $13,100,762
Dept of Youth Services?????????????????????????????????????????????????? $5,263,000??????????????????????????? $0?????????????????? $5,263,000
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
Dept of Transitional Assistance????????????????????????????????????? $413,030,310????????????????? $3,000,000??????????????? $416,030,310
Dept of Public Health?????????????????????????????????????????????????? $83,886,337??????????????? $57,089,421??????????????? $140,975,758
Dept of Social Services??????????????????????????????????????????????? $236,962,578????????????????? $3,000,000??????????????? $239,962,578
Dept of Youth Services???????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Dept of Mental Health??????????????????????????????????????????????? $100,016,456????????????????? $4,625,000??????????????? $104,641,456
Dept of Mental Retardation????????????????????????????????????????? $423,171,315??????????????????? $100,000??????????????? $423,271,315
??????????????????????????????????????????????? TOTALS :???????????? $4,129,265,726?????????????? $361,635,524???????????? $4,490,901,250
Executive Office: Transportation
Secretary of Transportation?????????????????????????????????????????????? $682,331???????????????????? $27,344???????????????????? $709,675
Mass Aeronautics Commission???????????????????????????????????????????? $426,636??????????????????????????? $0???????????????????? $426,636
Mass Highway???????????????????????????????????????????????????????????? $7,370,375????????????????? $7,000,000???????????????? $14,370,375
Registry of Motor Vehicles?????????????????????????????????????????? $430,371,700??????????????? $10,000,000??????????????? $440,371,700
??????????????????????????????????????????????? TOTALS :??????????????? $438,851,042??????????????? $17,027,344??????????????? $455,878,386
Board of Library Commissioners
Board of Library Commissioners???????????????????????????????????????????? $1,500??????????????????????????? $0??????????????????????? $1,500
??????????????????????????????????????????????? TOTALS :??????????????????????? $1,500??????????????????????????? $0??????????????????????? $1,500
Labor, Education and Development
Office of Director of Labor????????????????????????????????????????????? $1,721,274??????????????????? $152,850?????????????????? $1,874,124
Dept of Industrial Accidents??????????????????????????????????????????? $19,797,346??????????????????????????? $0???????????????? $19,797,346
Labor Relations Commission??????????????????????????????????????????????????? $250??????????????????????????? $0????????????????????????? $250
Board of Concilliation & ??????????????????????????????????????????????????? $85,000??????????????????????????? $0????????????????????? $85,000
Office of Communities and ????????????????????????????????????????????? $2,584,560????????????????? $1,500,000?????????????????? $4,084,560
Director of Consumer Affairs ???????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Secretary of Economic Affiars??????????????????????????????????????????????? $3,000??????????????????????????? $0??????????????????????? $3,000
Division of Banks?????????????????????????????????????????????????????? $14,308,605??????????????????????????? $0???????????????? $14,308,605
Division of Insurance?????????????????????????????????????????????????? $67,301,353??????????????????????????? $0???????????????? $67,301,353
Division of Registration??????????????????????????????????????????????? $13,296,290??????????????????????????? $6???????????????? $13,296,296
Division of Standards???????????????????????????????????????????????????? $1,286,325??????????????????? $929,100?????????????????? $2,215,425
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
Dept of Public Utilities???????????????????????????????????????????????? $15,093,388???????????????????? $75,000???????????????? $15,168,388
Alcohol Beverages Control ????????????????????????????????????????????? $3,628,580??????????????????????????? $0?????????????????? $3,628,580
State Racing Commission??????????????????????????????????????????????? $4,640,351??????????????????????????? $0?????????????????? $4,640,351
Division of Energy Resources??????????????????????????????????????????? $1,570,542??????????????????????????? $0?????????????????? $1,570,542
Department of Education??????????????????????????????????????????????? $9,245,500??????????????????????????? $0?????????????????? $9,245,500
Higher Education??????????????????????????????????????????????????????? $30,619,855??????????????????? $529,843???????????????? $31,149,698
University of Massachusetts??????????????????????????????????????????? $53,016,977??????????????????????????? $0???????????????? $53,016,977
??????????????????????????????????????????????? TOTALS :??????????????? $238,199,195????????????????? $3,186,799??????????????? $241,385,994
Executive Office of Public Safety
Secretary of Public Safety????????????????????????????????????????????????????????? $0??????????????????? $368,000???????????????????? $368,000
Chief Medical Examiner??????????????????????????????????????????????????? $122,000????????????????? $1,000,000?????????????????? $1,122,000
Criminal History Systems Board???????????????????????????????????????? $4,969,845??????????????????? $185,000?????????????????? $5,154,845
Dept of State Police??????????????????????????????????????????????????????? $565,000??????????????? $18,250,000???????????????? $18,815,000
Criminal Justice Training Council????????????????????????????????????????????????? $0????????????????? $1,363,500?????????????????? $1,363,500
Dept of Public Safety?????????????????????????????????????????????????? $16,829,740????????????????? $1,780,000???????????????? $18,609,740
Dept of Fire Services??????????????????????????????????????????????????????? $106,208??????????????????????????? $0???????????????????? $106,208
Merit Rating Board?????????????????????????????????????????????????????????? $36,000??????????????????????????? $0????????????????????? $36,000
Sex Offender Registry Board??????????????????????????????????????????????????? $280??????????????????? $750,000???????????????????? $750,280
Military Division?????????????????????????????????????????????????????????????? $1,000??????????????????? $400,000???????????????????? $401,000
Emergency Management ????????????????????????????????????????????????? $823,684??????????????????????????? $0???????????????????? $823,684
Dept of Corrections???????????????????????????????????????????????????? $11,569,521????????????????? $5,600,000???????????????? $17,169,521
Sheriff's Department Franklin?????????????????????????????????????????????? $69,842????????????????? $1,400,000?????????????????? $1,469,842
Sheriff's Department Berkshire????????????????????????????????????????????? $29,284??????????????????????????? $0????????????????????? $29,284
Sheriff's Department Berkshire??????????????????????????????????????????????????? $0??????????????????? $150,000???????????????????? $150,000
Sheriff's Department Essex???????????????????????????????????????????????? $708,400????????????????? $2,000,000?????????????????? $2,708,400
Sheriff's Department Hampden??????????????????????????????????????????? $346,323????????????????? $1,030,000?????????????????? $1,376,323
Sheriff's Department Middlesex??????????????????????????????????????????? $202,400??????????????????? $925,000?????????????????? $1,127,400
Sheriff's Department Hampshire?????????????????????????????????????????? $187,750??????????????????? $163,000???????????????????? $350,750
Sheriff's Department Worcester?????????????????????????????????????????? $160,800??????????????????????????? $0???????????????????? $160,800
??????????????????????????????????????????????????????????????? Unrestricted Non-???????????? Restricted Non-?????????? Total Non-Tax
? Revenue ?????????????????????????????????????????????????????????? Tax?????????????????????????????? Tax
? Source
Parole Board??????????????????????????????????????????????????????????????????? $4,000??????????????????? $600,000???????????????????? $604,000
Sheriff's Department ?????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :???????????????? $36,732,077??????????????? $35,964,500???????????????? $72,696,577
Executive Office of Elder Affairs
Secretary of Elder Affairs???????????????????????????????????????????? $991,013,965??????????????????????????? $0??????????????? $991,013,965
??????????????????????????????????????????????? TOTALS :??????????????? $991,013,965??????????????????????????? $0??????????????? $991,013,965
Legislature
House of Representatives?????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Joint Legislative???????????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Senate???????????????????????????????????????????????????????????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
??????????????????????????????????????????????? TOTALS :???????????????????????????? $0??????????????????????????? $0???????????????????????????? $0
Total Non-Tax Revenue :????????????????????????????????????????? $7,368,687,716??????????? $1,258,063,834??????????? $8,626,751,550
SECTION 2. JUDICIARY.
Supreme Judicial Court.
0320-0003
0320-0010
0321-0001
0321-0100
Committee for Public Counsel Services.
0321-1500
For the operation of the committee for public counsel
services as authorized by chapter 211D
of the General Laws; provided, that the committee shall submit a report to the
clerks of the house of representatives and senate, not later than January 31,
2006 that shall include, but not be limited to the following: (a) the number of clients assisted by the committee in
the prior fiscal year; (b) any proposed expansion of legal services delineated
by type of service, target population, and cost; (c) the total number of
persons who received legal services by the committee, by type of case and geographic
location; (d) the costs for services rendered per client, by type of case and
geographic location; (e) the amount paid, if any, to the committee by clients
for services rendered by type of case and geographic location; (f) the average
cost for services rendered by the committee by type of case; (g) the average
number of hours spent per attorney or staff per type of case.............................$16,275,695
0321-1505
For additional costs of the public defender division;
provided, that no funds from this appropriation shall support existing costs
associated with line item 0321-1500; provided further, that the committee shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 on the efficiencies gained from the additional resources
provided in this item; provided further, that the report shall include, but not
be limited to the following: (1)
the number of assignment of counsel that this appropriation has shifted from
private bar advocates to the public defender division since the effective date
of this act, (2) the savings the commonwealth has realized from this
appropriation since the effective date of this act, and (3) number of public
defender positions filled and the location of the Sexually Dangerous Persons
office.............$657,436
0321-1510
For compensation paid to private counsel assigned to
criminal and civil cases under subsection (b) of section 6 of chapter 211D of the General Laws, pursuant to section 12 of said chapter 211D; provided, that not more than $1,000,000 of the
sum appropriated in this item may be expended for services rendered before
fiscal year 2006; and provided further, that the rates of compensation paid for
private counsel services from this item shall be the same as the rates paid in
fiscal year 2005................................................................$95,146,675
0321-1518
The chief counsel for the committee for public
services may expend an amount not to exceed $750,000 from revenues collected
from fees charged for attorney representation of indigent clients; provided,
however, that said revenues credited to this account shall only be those
revenues in excess of the amounts for the fees collected in fiscal year 2005 as
calculated on a monthly basis...................................................................$750,000
0321-1520
For fees and costs as defined in section 27A of chapter 261 of the General Laws, as ordered by a justice of the appeals court
or a justice of a department of the trial court of the commonwealth on behalf
of indigent persons, as defined in said section 27A of said chapter 261; provided, that not more than $500,000 of the sum
appropriated in this item may be expended for services rendered before fiscal
year 2006....................................$7,460,513
0321-1600
For the Massachusetts Legal Assistance Corporation to
provide legal representation for indigent or otherwise disadvantaged residents
of the commonwealth; provided, that notwithstanding section 9 of chapter 221A
of the General Laws, $1,204,604 shall be expended for the disability benefits
project, $544,286 shall be expended for the Medicare Advocacy Project, and
$2,490,993 shall be expended for the Battered Women's Legal Assistance Project;
provided further, that the corporation shall submit a report to the house and
senate committees on ways and means not later than January 30, 2006 that shall
include, but not be limited to the following: (a) the number of persons whom the programs funded by
the corporation assisted in the prior fiscal year; (b) any proposed expansion
of legal services delineated by type of service, target population, and cost;
and (c) the total number of indigent or otherwise disadvantaged residents of
the commonwealth who received services of the corporation, by type of case and
geographic location; and provided further, that the corporation may contract
with any organization for the purpose of providing the representation...........................$8,564,142
0321-2000
For the operation of the mental health legal advisors
committee and for certain programs for the indigent mentally ill, as provided
in section 34E of chapter 221 of the General Laws.....................................................$585,905
0321-2100
For the Massachusetts correctional legal services
committee.......................................................$750,000
0321-2205
For the expenses of the social law library located in
Suffolk county.............................................$1,829,671
Appeals Court.
0322-0100
For the appeals court, including the salaries,
traveling allowances and expenses of the chief justice, recall judges and the
associate justices......................................$9,433,517
Trial Court.
0330-0101
For the salaries of the justices of the superior court
department of the trial court; provided, that the chief justice for
administration and management shall provide written notification to the house
and senate committees on ways and means of any transfers of funds from this
item to any other item of appropriation within 30 days of such transfer.............$9,271,389
0330-0102
For the salaries of the justices of the district court
department of the trial court...........................$18,509,673
0330-0103
For the salaries of the justices of the probate and
family court department of the trial court..........$5,778,489
0330-0104
For the salaries of the justices of the land court
department of the trial court................................$684,005
0330-0105
For the salaries of the justices of the Boston
municipal court.......................................................$3,049,701
0330-0106
For the salaries of the justices of the housing court
department of the trial court...........................$1,132,492
0330-0107
For the salaries of the justices of the juvenile court
department of the trial court...........................$4,629,031
0330-0300
For the central administration of the trial court,
including costs associated with trial court non-employee services, trial court
dental and vision health plan agreement, jury expenses, trial court law
libraries, statewide telecommunications, private and municipal court rental and
leases, operation of courthouse facilities, witness fees, printing expenses, equipment
maintenance and repairs, court interpreter program, and insurance and
chargeback costs; provided, that funds may be expended for the judicial
training institute; provided further, that the chief justice for administration
and management shall expend funds for the purposes of acquiring, through a
lease agreement, suitable space? in the
town of Belchertown for the district court of eastern Hampshire by June 15,
2006; provided further, that funds from this item or any other item shall not
be expended for the cost associated with the district court of eastern
Hampshire, unless said division is located in the town of Belchertown as of
said date; provide further, notwithstanding any general or special law to the
contrary, all criminal and civil business within the eastern Hampshire district
court jurisdiction shall be conducted in the town of Belchertown as of said
date; provided further, that said chief justice shall submit a report to the
house and senate committees on ways and means not later than September 17, 2005
detailing the status of said lease agreement; provided further, that 50 per
cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure
15(d) and 30(c)(8) shall be paid from this item; provided further, that
notwithstanding section 9A of
chapter 30, or any general or
special law to the contrary, the rights afforded to a veteran, pursuant to said
section 9A of said chapter 30, shall also be afforded to any veteran, as so
defined, who holds a trial court office or position in the service of the
commonwealth not classified under chapter 31, other than an elective office, an appointive office for a fixed
term or an office or position under section 7 of chapter 30,
and who (1) has held the office or position for not less than 1 year and (2)
has 30 years of total creditable service to the commonwealth, as defined in
chapter 32; provided further, that
not less than $100,000 shall be expended for the implementation of a changing
lives through literature program; provided further, that not less than $100,000
shall be expended from this item for a contract with Massachusetts General
Hospital for a research program on abused children; provided further, that the
chief justice for administration and management of the trial court shall make a
report to the general court relative to the annual cost of maintaining the
court system's electronic equipment and systems and identify means to reduce
the costs; provided further, that the report shall include, but not be limited
to the following: an analysis of
current equipment maintenance service contracts, a review of alternative
equipment maintenance programs which, if implemented, would result in cost
savings, better management of the equipment repair process, and enhanced
equipment protection; provided further that in preparing the report the chief
justice for administration and management may utilize the services of
appropriate third parties knowledgeable in equipment service contracts;
provided further, that the chief justice for administration and management
shall file the report with the house and senate committees on ways and means on
or before October 1, 2005; provided further, that the trial court shall submit
a report to the victim and witness assistance board detailing the amount of assessments
imposed within each court by a justice or clerk-magistrate during the previous
calendar year pursuant to section 8
of chapter 258B of the General
Laws; provided further, that the report shall include, but not be limited to,
the number of cases in which the assessment was reduced or waived by a judge or
clerk-magistrate within the courts; provided further, that the report shall be
submitted to the victim and witness assistance board on or before January 14,
2006; and provided further, that not less than $9,522,318? shall be expended for the rental of county
court facilities, in accordance with section 4 of chapter 29A
of the General Laws; and provided further, that all county facilities shall be
reimbursed at 100 per cent from this item in fiscal year 2006......................................$114,794,156
0330-0317
For the operation and expenses of the Massachusetts
sentencing commission, pursuant to chapter 211E of the General Laws.........................$232,756
0330-0410
For alternative dispute resolution services for the
trial court; provided, that the services shall be made available to the extent
possible in connection with child care, protection and custody proceedings in
juvenile and probate courts; provided further, that not less than $25,863 shall
be expended for the Housing Services and Mediation Program operated by the
Berkshire County Regional Housing Authority in Pittsfield; provided further, that
not less than $29,558 shall be expended for Berkshire Mediation Services Inc.;
provided further that not less than $44,337 shall be expended for North Central
Court Services, Inc.; provided further, that not less than $40,000 shall be
expended for the North Shore Community Mediation Program in Salem; provided
further, that not less than $48,032 shall be expended for Metropolitan
Mediation Services; provided further, that not less than $62,811 shall be
expended for Mediation Works, Inc; provided further, that not less than $50,000
shall be expended for Quabbin Mediation in Athol; provided further, that not
less than $50,000 shall be expended for the Mediation and Training
Collaborative of Franklin County in Greenfield; provided further, that not less
than $50,000 shall be expended for Framingham Court Mediation Services;
provided further, that not less than $50,000 shall be expended for the Cape Cod
Dispute Resolution Center; provided further, that not less than $50,000 shall
be expended for the Community Dispute Settlement Center, Inc., of Cambridge;
provided further, that not less than $50,000 shall be expended for the Greater
Brockton Center for Dispute Resolution; provided further, that not less than
$48,031 shall be expended for the Somerville Mediation Program; provided
further, that not less than $48,032 shall be expended for the Middlesex
Multi-door Court House Program; and provided further, that not less than
$30,000 shall be expended for the Martha's Vineyard Mediation Program; and
provided further, that not less than $42,737 shall be expended for Dispute
Resolution Services, Inc.? in the city of
Springfield; and provided further, that not less than $50,000 shall be expended
for Community Mediation of Worcester...................$842,737
0330-0441
For permanency mediation services in the probate and
juvenile courts......................................$476,598
0330-3200
For the court security program, including personnel
and expenses; provided, that the chief justice for administration and
management shall submit a report to the house and senate committees on ways and
means not later than January 31, 2006, detailing the number of court officers
and security personnel located in each trial court of the commonwealth.................$54,610,296
0330-3333
The chief justice for administration and management
may expend an amount not to exceed $17,000,000 from fees charged and collected
pursuant to section 3 of chapter 90C, chapter 185,
section 22 of chapter 218 and sections 2, 4A, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that the chief
justice shall only expend or allocate funds from this item to the 7 departments
of the trial court for the operation of the departments; provided further, that
any expenditures or allocations shall be made in accordance with schedules
submitted to the house and senate committees on ways and means 30 days before
the expenditures or allocations are made; provided further, that the only
revenue available for expenditure in this item for fiscal year 2006 shall be
revenue collected from the fees in excess of the amount collected and deposited
into the General Fund in fiscal year 2003 from the fees; provided further, that
no allocation shall occur until the schedules have been approved by the
committees; provided further, that the fees shall continue to be transmitted to
the treasurer for deposit into the General Fund before the expenditure
authorized by this item; and provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of revenues and related expenditures, the
chief justice may incur expenses and the comptroller shall certify for payments
amounts not to exceed the lower of one half of this authorization or the most
recent revenue estimate therefor as reported in the state accounting system.....................................................$17,000,000
0330-3334
The chief justice for administration and management
may expend an amount not to exceed $20,000,000 from fees charged and collected
pursuant to section 87A of chapter 276 of the General Laws; provided, that the chief
justice shall expend or allocate funds from this item only to the district
court and Boston Municipal Court departments of the trial court for the
operation of those departments; provided further, that any expenditures or
allocations shall be made in accordance with schedules submitted to the house
and senate committees on ways and means 30 days before the expenditures or
allocations are made; provided however, that the chief justice shall allocate
or expend the funds authorized in this item in a manner that accounts for the
individual district court's compliance with section 13 of chapter 300 of the acts of 2002; and provided further, that the fees shall
continue to be transmitted to the treasurer for deposit into the General Fund
before the expenditure authorized by this item................................$20,000,000
Superior Court Department.
0331-0100
For the administrative office of the superior court
department...................................$6,248,393
0331-0300
For medical malpractice tribunals established in
accordance with the provisions of section 60B of chapter 231 of the
General Laws.....................$59,323
0331-2100
For the Barnstable superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.....................................$716,338
0331-2200
For the Berkshire superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$201,536
0331-2300
For the Bristol superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.....................................$858,760
0331-2400
For the Dukes superior court; provided, that the clerk
of the court shall have responsibility for the internal administration of his
office, including personnel, staff services and record keeping......................................$160,515
0331-2500
For the Essex superior court; provided, that the clerk
of the court shall have responsibility for the internal administration of his
office, including personnel, staff services and record keeping........................................$1,447,990
0331-2600
For the Franklin superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping..................................$299,747
0331-2700
For the Hampden superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.......................................$1,288,286
0331-2800
For the Hampshire superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping..........................................$310,264
0331-2900
For the Middlesex superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping......................................$3,232,440
0331-3000
For the Nantucket superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping........................................$135,265
0331-3100
For the Norfolk superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$1,186,622
0331-3200
For the Plymouth superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.......................................$1,087,829
0331-3300
For the Suffolk superior civil court; provided, that
the clerk of the court shall have responsibility for the internal
administration of his office, including personnel, staff services and record
keeping.....................................$2,974,243
0331-3400
For the Suffolk superior criminal court; provided,
that the clerk of the court shall have responsibility for the internal
administration of his office, including personnel, staff services and record
keeping........................$1,940,875
0331-3404
For an education and community outreach pilot program
to be administered in the Suffolk superior criminal court......................$178,902
0331-3500
For the Worcester superior court; provided, that the
clerk of the court shall have responsibility for the internal administration of
his office, including personnel, staff services and record keeping.............................................$1,070,743
District Court Department.
0332-0100
For the administrative office of the district court
department, including a civil conciliation program.............$858,068
0332-1100
For the first district court of Barnstable..................................$536,692
0332-1200
For the second district court of Barnstable at Orleans.............................................$385,694
0332-1203
For the third district court of Barnstable at Falmouth..............................................$385,344
0332-1300
For the district court of northern Berkshire at Adams,
North Adams and Williamstown...............$272,317
0332-1400
For the district court of central Berkshire at
Pittsfield.....................................................$419,655
0332-1500
For the district court of southern Berkshire at Great
Barrington and Lee.................................$232,106
0332-1600
For the first district court of Bristol at Taunton...........................................................................$706,373
0332-1700
For the second district court of Bristol at Fall River.............................................................$876,214
0332-1800
For the third district court of Bristol at New Bedford..........................................$946,315
0332-1900
For the fourth district court of Bristol at Attleboro...................................................$583,774
0332-2000
For the district court of Edgartown..................................................$169,016
0332-2100
For the first district court of Essex at Salem..........................................................$698,915
0332-2300
For the third district court of Essex at Ipswich....................................................$197,955
0332-2400
For the central district court of northern Essex at
Haverhill......................................................$594,818
0332-2500
For the district court of eastern Essex at Gloucester......................................................$298,508
0332-2600
For the district court of Lawrence...............................................$1,095,147
0332-2700
For the district court of southern Essex at Lynn......................................$806,500
0332-2800
For the district court of Newburyport.............................................$491,593
0332-2900
For the district court of Peabody..........................................$502,084
0332-3000
For the district court of Greenfield...................................................$341,966
0332-3100
For the district court of Orange....................................................$281,048
0332-3200
For the district court of Chicopee........................................................$418,616
0332-3300
For the district court of Holyoke..........................................................$438,297
0332-3400
For the district court of eastern Hampden at Palmer.......................................$301,552
0332-3500
For the district court of Springfield......................................................$1,706,366
0332-3600
For the district court of western Hampden at Westfield...........................................$287,861
0332-3700
For the district court of Hampshire at Northampton......................................$619,005
0332-3800
For the district court of eastern Hampshire at
Belchertown................................$165,631
0332-3900
For the district court of Lowell....................................................$1,205,584
0332-4000
For the district court of Somerville...............................................$1,129,155
0332-4100
For the district court of Newton...............................................$366,447
0332-4200
For the district court of Marlborough...........................................$296,888
0332-4300
For the district court of Natick..............................................$418,616
0332-4400
For the first district court of eastern Middlesex at
Malden..............................$574,505
0332-4500
For the second district court of eastern Middlesex at
Waltham..............................$487,954
0332-4600
For the third district court of eastern Middlesex at
Cambridge........................................$1,223,279
0332-4700
For the fourth district court of eastern Middlesex at
Woburn.................................$675,132
0332-4800
For the first district court of northern Middlesex at
Ayer...........................................$368,553
0332-4900
For the first district court of southern Middlesex at
Framingham...................................$774,063
0332-5000
For the district court of central Middlesex at Concord................................................$389,025
0332-5100
For the district court of Nantucket....................................................................$120,335
0332-5200
For the district court of northern Norfolk at Dedham................................................$554,723
0332-5300
For the district court of East Norfolk at Quincy.......................................................$1,565,700
0332-5400
For the district court of western Norfolk at Wrentham..........................................$466,815
0332-5500
For the district court of southern Norfolk at
Stoughton...........................................$604,626
0332-5600
For the municipal court of Brookline........................................................................$345,274
0332-5700
For the district court of Brockton..................................................................$1,113,956
0332-5800
For the second district court of Plymouth at Hingham.........................................$636,849
0332-5900
For the third district court of Plymouth at Plymouth..............................................$790,980
0332-6000
For the fourth district court of Plymouth at Wareham...........................................$666,744
0332-6300
For the district court of Chelsea; provided, that notwithstanding
the provisions of any general or special law to the contrary, said district
court shall be the permanent location for the northern trial session to handle
six person jury cases; provided further, that all personnel within said
district court whose duties relate to said northern trial session shall report
to the clerk magistrate of said district court; and provided further, that the
clerk magistrate shall utilize whatever space within the facility-at-large he
deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6.............................$804,083
0332-6900
For the central district court of Worcester.........................................................................$1,534,374
0332-7000
For the district court of Fitchburg...................................................$502,366
0332-7100
For the district court of Leominster................................................$395,211
0332-7200
For the district court of Winchendon................................................$137,821
0332-7300
For the first district court of northern Worcester at
Gardner.............................................$351,555
0332-7400
For the first district court of eastern Worcester at
Westborough...............................$399,279
0332-7500
For the second district court of eastern Worcester at
Clinton..........................................$275,209
0332-7600
For the district court of southern Worcester at Dudley..........................................$475,146
0332-7700
For the second district court of southern Worcester at
Uxbridge.....................................$316,362
0332-7800
For the third district court of southern Worcester at
Milford..........................................$302,513
0332-7900
For the district court of western Worcester at East
Brookfield.........................................$316,156
Probate and Family Court Department.
0333-0002
For the administrative office of the probate and
family court department; provided, that the case manager shall meet monthly
with the department of social services and shall report quarterly to the house
and senate committees on ways and means on the backlog of cases in the probate
court and the parties' progress made in such backlog each month........................$1,307,828
0333-0100
For the Barnstable probate court ..............................................................................$981,581
0333-0150
For the operation of a child and parents program in
the Barnstable probate court.....................$79,495
0333-0200
For the Berkshire probate court........................................................$515,505
0333-0300
For the Bristol probate court.......................................................$1,619,752
0333-0400
For the Dukes probate court.............................................................$122,327
0333-0500
For the Essex probate court ............................................................$1,305,319
0333-0600
For the Franklin probate court.....................................................$519,668
0333-0700
For the Hampden probate court...........................................$2,061,173
0333-0711
For the operation of the Berkshire, Franklin, Hampden
and Hampshire family court clinic to be administratively located in the city of
Springfield and to serve the Berkshire, Franklin, Hampden and Hampshire
divisions of the probate court...................$39,748
0333-0800
For the Hampshire probate court.................................................$645,228
0333-0900
For the Middlesex probate court...........................................$3,377,715
0333-0911
For the Middlesex probate court family services clinic..................................$193,762
0333-1000
For the Nantucket probate court.......................................................$175,577
0333-1100
For the Norfolk probate court..............................................$1,515,401
0333-1111
For the Norfolk probate court family services clinic.....................................$139,772
0333-1200
For the Plymouth probate court...........................................................$1,359,173
0333-1300
For the Suffolk probate court...................................................$2,240,115
0333-1313
For the Suffolk probate community access program of
community outreach and education; provided, that said program shall be targeted
at low income persons who experience educational and language barriers to court
access; and provided further, that said program shall be administered by the
register of probate of Suffolk county.................$191,719
0333-1400
For the Worcester probate court........................................................$1,682,350
0333-1411
For the Worcester probate court family services clinic...................................$169,362
Land Court Department.
0334-0001
For the operation of the land court........................................................$2,386,331
Boston Municipal Court Department.
0335-0001
For the central division of the Boston municipal court
department including the administrative costs of said court department ...........................$3,185,464
0335-0100
For the Brighton division of the Boston municipal
court department........................................$326,154
0335-0200
For the Charlestown division of the Boston municipal
court department..............................$232,655
0335-0300
For the Dorchester division of the Boston municipal
court department...............................$1,149,514
0335-0400
For the East Boston division of the Boston municipal
court department..............................$582,745
0335-0500
For the Roxbury division of the Boston municipal court
department....................................$1,116,770
0335-0600
For the South Boston division of the Boston municipal
court department...............................$407,439
0335-0700
For the West Roxbury division of the Boston municipal
court department............................$733,061
Housing Court Department.
0336-0002
For the administrative office of the housing court
department....................................$103,132
0336-0100
For the Boston housing court.....................................................................$932,876
0336-0200
For the western division of the housing court.......................................................$691,755
0336-0300
For the Worcester county housing court..................................................$694,614
0336-0400
For the southeastern division of the housing court.......................................$1,214,514
0336-0500
For the northeastern division of the housing court...........................................$650,698
Juvenile Court Department.
0337-0002
For the administrative office of the juvenile court
department....................................$895,237
0337-0100
For the Suffolk county juvenile courts...............................................$1,250,224
0337-0200
For the Bristol juvenile court..............................................................$1,248,840
0337-0300
For the Hampden county juvenile courts; provided that
$145,841 shall be expended for the CASA program in Springfield Juvenile Courts...............................$1,297,623
0337-0400
For the Worcester county juvenile courts; provided
further, that $72,920 shall be expended for the CASA program in the Worcester
Juvenile Court...................................................$1,083,597
0337-0500
For the Barnstable county juvenile court, including
the Barnstable county juvenile court located in the town of Plymouth..............$737,608
0337-0600
For the Essex county juvenile courts; provided
further, that $100,000 shall be expended for the CASA program in the Lawrence
Juvenile Court..............................................$1,055,220
0337-0700
For the Hampshire and Franklin counties juvenile
courts; provided further, that $77,478 shall be expended for the
Franklin/Hampshire CASA Program, including Northampton, Greenfield, Orange and
Ware District Courts........................$686,132
0337-0800
For the Plymouth county juvenile courts; provided
further, that $72,920 shall be expended for the CASA program in the Plymouth
County Juvenile Court..................................................$790,686
0337-0900
For the Berkshire county juvenile courts; provided
further, that $54,690 shall be expended for a Berkshire CASA program in the
Berkshire County Juvenile Court..........................................................$499,471
0337-1000
For the Middlesex county juvenile courts...........................................................$1,104,188
0337-1100
For the Norfolk county juvenile courts...........................................................$916,996
Office of the Commissioner of Probation.
0339-1001
For the office of the commissioner of probation;
provided, that notwithstanding the any general or special law, rule or
regulation to the contrary, the commissioner, subject to appropriation, shall
have exclusive authority to appoint, dismiss, assign and discipline probation
officers, associate probation officers, probation officers-in-charge, assistant
chief probation officers and chief probation officers; provided further, that
the associate probation officers shall only perform in-court functions and shall
assume the in-court duties of the currently employed probation officers who
shall be reassigned within the probation service subject to collective
bargaining agreements to perform intensive, community-based supervision of
probationers, including the provisions of intensive supervision and community
restraint services as described in item 0339-1004; provided further, that
notwithstanding any general or special law, rule or regulation to the contrary,
probation officer personnel and probation clerical support staff assigned to
the courts shall be provided with suitable office space in their current
location in and around the various divisions and departments of the trial
court, as the case may be, or in suitable office space as appropriate, with the
advice and consent of the commissioner; provided further, that the office shall
enter into an interagency service agreement with the department of revenue to
verify income data and to utilize the departments wage reporting and bank match
system for the purpose of weekly tape-matching, so-called, for the purposes of
determining an individual's eligibility for appointment of indigent counsel, as
defined in chapter 211D of the
General Laws; provided further, that the office shall submit quarterly reports
to the house and senate committees on ways and means detailing the progress of
eligibility verification with the department; and provided further, that the
report shall include, but not be limited to, the number of individuals to be
found misrepresenting assets, revenue generated through collection of indigent
client fees, the average indigent client fee that each court division collects
per case since the effective date of this act, recommendations on improvements
in verifying eligibility for counsel and other pertinent information to
ascertain the effectiveness of verification; and provided further, that not
less than $2,000,000 shall be expended for the commissioner of probation to
implement a global positioning system in collaboration with the Massachusetts
parole board utilizing ankle bracelets to track level 3 sex offenders actively
on parole and sex offenders currently being supervised by the office of the commissioner
of probation and considered appropriate for tracking by the commissioner..................................................$117,890,795
0339-1003
For the operation of the trial court office of
community corrections, including the costs of personnel..................$5,100,000
0339-1004
For the cost of intensive supervision and community
corrections programs; provided, that the programs shall include, but not be
limited to, tracking, community service, educational assistance, drug and
alcohol testing and treatment, curfew enforcement, home confinement, day reporting,
means-tested fines, restitution, and community incapacitation or restraint;
provided further, that the number of placements in the programs shall not
exceed a daily average goal of 5,000 intensively-supervised probationers;
provided further, that funds from this item shall be expended to cover the
costs of the programs that are undertaken and administered by court probation
offices and county sheriffs' offices; provided further, that said funds shall
be expended for the purpose of providing said programs in Barnstable,
Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex,
Nantucket, Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year
2006; provided further, that the executive director of the office of community
corrections of the trial court shall enter into interagency service agreements
and memoranda of understanding with the probation offices and sheriffs' offices
for the provision of said programs, including the contracting for detention
space for probationers arrested for violating probation and awaiting court
action and detention space for probationers who have been ordered by the trial
court to be supervised at a higher level of restraint; provided further, that
said agreements and memoranda shall be entered into at the direction of the
executive director; provided further, that the executive director shall submit
a spending and management plan for the programs to the house and senate
committees on ways and means not later than January 30, 2006; and provided further,
that the plan shall include the projected number of probationers to be served
by each program and include a description of the oversight and services
provided to the probationers..........................................$12,564,824
Office of the Jury Commissioner.
0339-2100
For the office of the jury commissioner in accordance
with chapter 234A of the General
Laws...................$1,990,901
Suffolk District Attorney.
0340-0100
For the Suffolk district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, the domestic violence unit and the children's advocacy
center; provided, that the office shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 summarizing the
number and types of criminal cases managed or prosecuted by the office in
calendar year 2005 and the disposition or status thereof which shall be
delineated by each jurisdiction of the district, juvenile, probate or superior
court in which the cases were managed or prosecuted; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 detailing the total number and use of
private attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of
personnel from private law firms participating in the program; 2) name and
address of the law firms; 3) duties performed by the personnel; and 4) benefits
and cost savings associated with the program; provided further, that not more
than $125,000 shall be expended for a North Dorchester safe neighborhood
initiative, in Suffolk county; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that not more than $125,000 shall be expended for a safe neighborhood
initiative, in Suffolk county;? provided
further, that not less than $150,000 shall be expended for the purpose of a
targeted controlled substance interdiction pilot program to be administered
jointly by the district attorney for Suffolk county and the chiefs of police
for the city of Revere and the town of Winthrop;? provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than June 1, 2006 which shall include, but not be limited to, the quantity and
nature of drug seizures resulting from the implementation of the pilot program;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,?
so-called,? in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys................................$14,312,233
0340-0101
For the overtime costs of state police officers
assigned to the Suffolk district attorney's office.................$345,683
General Fund...........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Middlesex District Attorney.
0340-0200
For the Middlesex district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided, that the office shall submit a
report to the house and senate committees on ways and means not later than
February 1, 2006 summarizing the number and types of criminal cases managed or
prosecuted by said office in calendar year?
2005 and the disposition or status thereof which shall be delineated by
each jurisdiction of the district, juvenile, probate or superior court in which
the cases were managed or prosecuted; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in said program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.........................$11,189,824
0340-0201
For the overtime costs of state police officers assigned
to the Middlesex district attorney's office.........................$478,682
General Fund...........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Eastern District Attorney.
0340-0300
For the Eastern district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,?
so-called,? in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006;? provided further, that no assistant district
attorney shall be paid an annual salary of less than $35,000; provided further,
that funds may be expended for increases in salaries for assistant district
attorneys; and provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 1, 2006
detailing the total number and use of private attorneys participating in any
volunteer prosecutor program, so-called; provided further, that the report
shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program..........................................................$6,781,556
0340-0301
For the overtime costs of state police officers assigned to
the Eastern district attorney's office...............$447,132
General Fund.........................................................................................................11.80%
Highway Fund.........................................................................................................88.20%
Worcester District Attorney.
0340-0400
For the Worcester district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that $75,000 may be
expended for financial criminal investigations; provided further, that 50 per
cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15
(d) and 30 (c)(8) for appeals taken by the office shall be paid from this item;
provided further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,?
so-called,? in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006;? provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.....................................................$7,220,929
0340-0401
For the overtime costs of state police officers assigned
to the Worcester district attorney's office...................$393,480
General Fund...........................................................................................................11.80%
Highway Fund..........................................................................................................88.20%
0340-0410
For the analyses of narcotic drug synthetic
substitutes, poisons, drugs, medicines and chemicals at the University of
Massachusetts medical school in order to support the law enforcement efforts of
the district attorneys, the state police and municipal police departments..............................$450,000
Hampden District Attorney.
0340-0500
For the Hampden district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys.................................$6,672,786
0340-0501
For the overtime costs of state police officers assigned
to the Hampden district attorney's office.........................$322,619
General Fund................................................................................................11.80%
Highway Fund................................................................................................88.20%
Hampshire/Franklin District Attorney.
0340-0600
For the Hampshire/Franklin district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program, and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 15, 2006 detailing the
office's use of drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,?
so-called,? in fiscal years 2003,
2004 and 2005; (b) how the funds were used in said fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 detailing the total number and use of
private attorneys participating in any volunteer prosecutor program, so-called;
provided further, that the report shall include, but not be limited to, the
following: 1) total number of
personnel from private law firms participating in the program; 2) name and
address of the law firms; 3) duties performed by the personnel; and 4) benefits
and cost savings associated with the program; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; provided further, that not less than $150,000 shall be expended for
the salaries and expenses of a children's advocacy project; and provided
further, that funds may be expended for increases in salaries for assistant
district attorneys....................$4,391,858
0340-0601
For the overtime costs of state police officers
assigned to the Hampshire/Franklin district attorney's office..........$226,191
General Fund........................................................................................11.80%
Highway Fund.......................................................................................88.20%
Norfolk District Attorney.
0340-0700
For the Norfolk district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys...................................................$7,312,181
0340-0701
For the overtime costs of state police officers assigned to
the Norfolk district attorney's office..............$416,910
General Fund...............................................................................................11.80%
Highway Fund................................................................................................88.20%
Plymouth District Attorney.
0340-0800
For the Plymouth district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program, and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 15, 2006 detailing the office's use of drug
forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys..............................................$6,034,575
0340-0801
For the overtime costs of state police officers assigned
to the Plymouth district attorney's office...............$340,554
General Fund...................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Bristol District Attorney.
0340-0900
For the Bristol district attorney's office, including
the victim and witness assistance program, the child abuse and sexual assault
prosecution program and the domestic violence unit; provided, that the office
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 summarizing the number and types of criminal cases
managed or prosecuted by the office in calendar year 2005 and the disposition
or status thereof which shall be delineated by each jurisdiction of the
district, juvenile, probate or superior court in which the cases were managed
or prosecuted; provided further, that 50 per cent of fees payable pursuant to
Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals
taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house
and senate committees on ways and means not later than February 1, 2006
detailing the total number and use of private attorneys participating in any
volunteer prosecutor program, so-called; provided further, that the report
shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that the office shall submit a report to the
house and senate committees on ways and means not later than February 15, 2006
detailing the office's use of drug forfeiture funds, so-called, collected
pursuant to chapter 94C of the
General Laws; provided further, that the report shall include, but not be
limited to, the following: (a)
amount of the funds deposited into the office's special law enforcement trust
fund,? so-called,? in fiscal years 2003, 2004 and 2005; (b) how
the funds were used in those fiscal years; and (c) balance of the trust fund as
of January 1, 2006; provided further, that no assistant district attorney shall
be paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys...........$6,203,381
0340-0901
For the overtime costs of state police officers assigned to
the Bristol district attorney's office.............$318,380
General Fund................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Cape and Islands District Attorney.
0340-1000
For the Cape and Islands district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program and the domestic violence unit; provided, that
$125,000 shall be expended to support the sex offender management unit;
provided further, that 2 prosecutors and administrative support shall be
provided to the Cape Cod offender management task force; provided further, that
the office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30
(c)(8) for appeals taken by the office shall be paid from this item; provided
further, that the office shall submit a report to the house and senate
committees on ways and means not later than February 1, 2006 detailing the
total number and use of private attorneys participating in any volunteer
prosecutor program, so-called; provided further, that the report shall include,
but not be limited to, the following: 1)
total number of personnel from private law firms participating in the program;
2) name and address of the law firms; 3) duties performed by the personnel; and
4) benefits and cost savings associated with the program; provided further,
that not more than $20,000 be expended for Cape & Islands Child Advocacy
Center at Children's Cove in Hyannis; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 15, 2006 detailing the office's use of drug forfeiture funds,
so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the report shall
include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund,?
so-called,? in fiscal years 2003,
2004 and 2005; (b) how the funds were used in those fiscal years; and (c)
balance of the trust fund as of January 1, 2006; provided further, that no
assistant district attorney shall be paid an annual salary of less than
$35,000; and provided further, that funds may be expended for increases in
salaries for assistant district attorneys...........$3,200,380
0340-1001
For the overtime costs of state police officers
assigned to the Cape and Islands district attorney's office...............$271,954
General Fund....................................................................................................11.80%
Highway Fund..................................................................................................88.20%
Berkshire District Attorney.
0340-1100
For the Berkshire district attorney's office,
including the victim and witness assistance program, the child abuse and sexual
assault prosecution program, and the domestic violence unit; provided, that the
office shall submit a report to the house and senate committees on ways and
means not later than February 1, 2006 summarizing the number and types of
criminal cases managed or prosecuted by the office in calendar year 2005 and
the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; provided further, that 50 per cent of fees
payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8)
for appeals taken by the office shall be paid from this item; provided further,
that the office shall submit a report to the house and senate committees on
ways and means not later than February 15, 2006 detailing the office's use of
drug forfeiture funds, so-called, collected pursuant to chapter 94C of the General Laws; provided further, that the
report shall include, but not be limited to, the following: (a) amount of the funds deposited into the office's
special law enforcement trust fund, so-called, in fiscal years 2003, 2004 and
2005; (b) how the funds were used in those fiscal years; and (c) balance of the
trust fund as of January 1, 2006; provided further, that the office shall
submit a report to the house and senate committees on ways and means not later
than February 1, 2006 detailing the total number and use of private attorneys
participating in any volunteer prosecutor program, so-called; provided further,
that the report shall include, but not be limited to, the following: 1) total number of personnel from private law firms
participating in the program; 2) name and address of the law firms; 3) duties
performed by the personnel; and 4) benefits and cost savings associated with
the program; provided further, that no assistant district attorney shall be
paid an annual salary of less than $35,000; and provided further, that funds
may be expended for increases in salaries for assistant district attorneys........................................$2,944,751
0340-1101
For the overtime costs of state police officers assigned
to the Berkshire district attorney's office...........$126,739
General Fund.................................................................................................11.80%
Highway Fund................................................................................................88.20%
District Attorneys' Association.
0340-2100
For the operation of the Massachusetts District
Attorneys' Association, including the implementation and related expenses of
the district attorneys' office automation and case management and tracking
system; provided, that expenses associated with the system may be charged
directly to this item; provided further, that the 11 district attorneys of the
commonwealth may contribute a portion of their fiscal year 2006 appropriation
to the Massachusetts District Attorneys' Association in order to alleviate the
cost of the case management and tracking system as well as the cost of data
lines associated with the district attorney's computer network; provided
further, that each district attorney shall submit a report to the Massachusetts
District Attorneys' Association and the house and senate committees on ways and
means delineating all funds expended for the purpose of implementing the case
management and tracking system not later than January 30, 2006; provided
further, that the report shall include, but not be limited to, an analysis of
the total cost of the district attorneys' computer network, the total cost
incurred by each district attorney's office, a detailed list of all hardware
and software leased, owned or operated by each district attorney, a plan for
any purchases to be made in the remainder of fiscal year 2006 and a detailed
summary of any policies implemented to contain the costs of the network by
either the Massachusetts District Attorneys' Association or the individual
district attorneys' offices; provided further, that no expenditures shall be
made, on or after the effective date of this act, which would cause the
commonwealth's obligation for the purpose of this item to exceed the amount
appropriated in this item; and provided further, that the association shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 detailing, by district attorney office, all sources of
revenue, including, but not limited to, federal and state grants that were
received in fiscal year 2005, and the amount of each source of revenue.............................$1,750,056
0340-8908
For the costs associated with maintaining the
association's wide area network........................$1,344,453
EXECUTIVE.
0411-1000
For the offices of the governor, the lieutenant
governor and the governor's council; provided, that the amount appropriated in
this item may be used at the discretion of the governor for the payment of
extraordinary expenses not otherwise provided for and for transfer to
appropriation accounts where the amounts otherwise available may be
insufficient; provided further, that not more than $205,161 shall be spent on
the governor's commission on mental retardation; and provided further, that the
advisory council on Alzheimer's disease and related disorders, as established
in the office of the governor by section 379 of chapter 194 of the
acts of 1998, and section 80 of
chapter 236 of the acts of 2000,
shall continue during fiscal year 2006.......................................$5,135,418
SECRETARY OF THE COMMONWEALTH.
Office of the Secretary of the Commonwealth.
0511-0000
For the operation of the office of the secretary;
provided, that the office shall submit a report detailing staffing patterns for
each program operated by the office; provided further, that the report shall
include, but not be limited to, actual and functional job titles by program,
compensation rates and lengths of service for each employee; provided further,
that the office shall submit the report not later than January 31, 2006 to the
house and senate committees on ways and means; and provided further, that the
secretary may transfer funds between items 0540-0900, 0540-1000, 0540-1100,
0540-1200, 0540-1300, 0540-1400, 0540-1500, 0540-1600, 0540-1700, 0540-1800,
0540-1900, 0540-2000, 0540-2100 pursuant to an allocation schedule filed with
the house and senate committees on ways and means not less than 30 days before
the transfer; provided further, that each register of deeds using electronic
record books shall ensure that all methods of electronically recording
instruments conform to any regulation or standard established by the state
secretary or the records conservation board, and those regulations shall be
promulgated no later than June 30, 2006............$6,767,487
0511-0001
The state secretary may expend revenues not to exceed
$30,000 from the sale of merchandise at the Massachusetts state house gift shop
for the purpose of replenishing and restocking gift shop inventory.......................$30,000
0511-0108
The state secretary acting on behalf of the
commonwealth may sell, transfer or license the Division of Corporations'
software and related documents pertaining to its web based searching and filing
applications, including uniform commercial code software, developed by the
department of the secretary and copyrighted by it to other states, multi-state
or regional associations or other sovereign governments on such terms or
conditions as in his sole discretion reasonably compensates the commonwealth
for its interests; provided, that the secretary may retain and expend revenues
collected from such sales, licensure or user agreements in an amount not to
exceed $75,000 for technical activities of the corporations division the remainder
to be deposited in the General Fund; provided further, that the secretary may
also provide web hosting, and on-going support and maintenance to other states,
provinces or territories of Canada relative to their UCC and corporate
applications; and provided further, that the department of the state secretary
may accept credit and debit cards from individuals and corporations filing
documents with the department...............................................$75,000
0511-0200
For the operation of the state archives division...............................................$539,562
0511-0230
For the operation of the records center.....................................................$156,185
0511-0250
For the operation of the archives facility........................................................$421,554
0511-0260
For the operation of the commonwealth museum....................................$192,990
0511-0420
For the operation of the address confidentiality
program.............................................$112,991
0517-0000
For the printing of public documents..........................................$900,222
0521-0000
For the operation of the elections division, including
preparation, printing and distribution of ballots and for other miscellaneous
expenses for primary and other elections; provided, that the secretary of state
may award grants for voter registration and education in the cities of Boston,
Springfield, Lawrence and Worcester; provided further, that the registration
and education activities may be conducted by community-based voter registration
and education organizations; and provided further, that the secretary shall
submit a report to the house and senate committees on ways and means not later
than January 31, 2006 detailing the amount appropriated for the purposes of
providing reimbursements for the costs of extended polling hours from this item
to each city or town...................................$3,676,775
0521-0001
For the operation of the central voter registration
computer system; provided, that an annual report detailing voter registration
activity shall be submitted to the house and senate committees on ways and
means on or before January 31, 2006...........................$4,496,243
0524-0000
For providing information to voters.....................................................$583,744
0526-0100
For the operation of the Massachusetts Historical
Commission..................................$974,614
0527-0100
For the operation of the ballot law commission........................................$12,380
0528-0100
For the operation of the records conservation board......................................$39,307
0540-0900
For the registry of deeds located in Lawrence in the
former county of Essex...................$817,144
0540-1000
For the registry of deeds located in Salem in the
former county of Essex.........................$2,634,369
0540-1100
For the registry of deeds in the former county of
Franklin............................................$564,763
0540-1200
For the registry of deeds in the former county of
Hampden..................................$2,115,679
0540-1300
For the registry of deeds in the former county of
Hampshire.................................$590,621
0540-1400
For the registry of deeds located in Lowell in the
former county of Middlesex.......................$1,347,127
0540-1500
For the registry of deeds located in Cambridge in the
former county of Middlesex.................$3,453,964
0540-1600
For the registry of deeds located in Adams in the
former county of Berkshire......................$306,631
0540-1700
For the registry of deeds located in Pittsfield in the
former county of Berkshire...........................$494,884
0540-1800
For the registry of deeds located in Great Barrington
in the former county of Berkshire...............$259,025
0540-1900
For the registry of deeds in the former county of
Suffolk................................................$2,220,555
0540-2000
For the registry of deeds located in Fitchburg in the
former county of Worcester.....................$764,143
0540-2100
For the registry of deeds located in the city of
Worcester in the former county of Worcester.......$2,049,918
TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver General.
0610-0000
For the office of the treasurer and receiver-general;
provided, that the treasurer shall provide computer services required by the
teachers' retirement board; provided further, that to the extent that bank fees
exceed the amount appropriated in item 0610-0100, the treasurer may, subject to
an allocation plan filed in advance with the house and senate committees on
ways and means, transfer from this item to said item 0610-0100, an amount
sufficient to ensure full payment of the bank fees; provided further, that not
less than $37,000 shall be granted to the elder advocacy organization known as
the Silver-Haired Legislature; provided further, that the treasurer's office
shall submit a report to the victim and witness assistance board which details
the amount of assessments transmitted to the treasurer during the previous
calendar year on a monthly basis from the courts, the registrar of motor
vehicles and the sheriff or superintendent of any correctional facility
pursuant to section 8 of chapter 258B; provided further, that the report shall be
submitted to the board on or before January 31, 2006; and provided further,
that the treasurer's office shall pay half of the administrative costs of the
municipal finance oversight board from this item....................$7,240,296
General Fund......................................................................90.0%
Highway Fund.....................................................................10.0%
0610-0050
For the administration of the alcoholic beverages
control commission in its efforts to regulate and control the conduct and
condition of traffic in alcoholic beverages; provided, that said commission
shall maintain at least one chief investigator and other investigators for the
purpose of regulating and controlling the traffic of alcoholic beverages;
provided further, that said commission is authorized and directed to work and
cooperate with the Alcohol, Tobacco, and Firearms division of the United States
Department of Justice and other relevant federal agencies to assist in its
efforts to regulate and control the traffic of alcoholic beverages; and
provided further, that said commission is directed to seek out matching federal
dollars and to apply for federal grants that may be available to assist in the
enforcement of laws pertaining to the traffic of alcoholic beverages...........................................$1,868,212
0610-0100
For the payment of bank fees; provided, that the
treasurer may transfer funds from this item to item 0610-0000 for one-time,
non-recurring expenditures upon certification to the secretary of
administration and finance that the remaining balance in this account will be
sufficient to make all necessary expenditures...........................................$3,600,000
General Fund................................................................................90.0%
Highway Fund...............................................................................10.0%
0610-0140
For the purpose of funding administrative,
transactional and research expenses associated with maintaining and increasing
the interest earnings on the Commonwealth's General and Stabilization Fund
investments..................$75,000
0610-1500
For tuition payments as required by section 12B of chapter 76 of the General Laws,
notwithstanding chapter 29 of the General Laws to the contrary; provided, that the state
treasurer may expend in anticipation of revenue amounts necessary to meet
payments; and provided further, that the state treasurer shall deduct the
amount expended from this account from items 7061-0008 and 0611-5500 and from
the amounts specified in section 3, in accordance with said section 12B of said chapter 76.
0611-1000
For bonus payments to war veterans................................................$50,000
0611-5500
For additional assistance to cities and towns to be
distributed according to section 3
and for assistance to certain public entities of the commonwealth which have
constructed water pollution abatement facilities; provided, that the
distribution to the public entities shall equal $1,249,948; and provided
further, that if there is a conflict between the provisions of the distribution
set forth in section 3 and any
other provisions of this act, the distribution set forth in section 3 shall control...........................$379,767,936
0611-5510
For reimbursements to cities and towns in lieu of
taxes on state-owned land pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws.......................................$16,100,000
0611-5800
For distribution to each city and town within which
racing meetings are? conducted pursuant
to section 18D of chapter 58 of the General Laws........................................................$2,500,000
Pension Benefits.
0612-0105
For payment of the public safety employee killed in
the line of duty benefit authorized by section 100A of chapter 32 of the General Laws.........................................$500,000
Commission on Firefighters' Relief.
0620-0000
For financial assistance to injured firefighters.........................................$9,808
Lottery Commission.
0640-0000
For the operation of the state lottery commission and
arts lottery; provided, that no funds shall be expended from this item for any
costs associated with the promotion or advertising of lottery games; provided
further, that positions funded by this item shall not be subject to chapters 30
and 31 of the General Laws; and provided further, that 25 per cent of the amount
appropriated herein shall be transferred quarterly from the State Lottery Fund
to the General Fund.......................$68,690,397
0640-0001
For the operation of the state lottery commission;
provided, that the commission may seek revenue from corporate advertising for
non-lottery products on all lottery products; provided further, that payments
from corporate advertising shall be deposited into the General Fund; and
provided further, that expenditure in this item is limited to an amount not to
exceed revenues collected from corporate advertising payments or the amount
appropriated herein, whichever is less.......................$3,653,019
0640-0005
For the costs associated with the continued
implementation of the game of keno; provided, that any sums expended on
promotional activities shall be limited to point of sale promotions and agent
newsletters; and provided further, that 25 per cent of the amount appropriated
in this item shall be transferred quarterly from the State Lottery Fund to the
General Fund...........................................$1,233,347
0640-0010
For the promotional activities associated with the
state lottery program; provided, that 25 per cent of the amount appropriated in
this item shall be transferred quarterly from the State Lottery Fund to the
General Fund.......................$10,000,000
0640-0013
For the costs of the anti-litter program; provided,
that said lottery may continue to develop regional environmental awareness
events to limit the number of discarded instant tickets that become litter;
provided further, that 25 per cent of the amount appropriated in this item shall
be transferred quarterly from the State Lottery Fund to the General Fund........$100,000
0640-0096
For the purpose of the commonwealth's fiscal year? 2006 contributions to the health and welfare
fund established pursuant to the collective-bargaining agreement between the
lottery commission and the service employees international union, Local 254,
AFL-CIO; provided, that the contributions shall be paid to the trust fund on
such basis as the collective bargaining agreement provides; and provided
further, that 25 per cent of the amount appropriated in this item shall be
transferred quarterly from the State Lottery Fund to the General Fund..............................$355,945
Massachusetts Cultural Council.
0640-0300
For the services and operations of the council,
including grants to or contracts with public and non-public entities; provided,
that notwithstanding any general or special law to the contrary, the council
may expend the amounts herein appropriated for the purposes of the council as
provided in sections 52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times as the
council may determine pursuant to section 54 of said chapter 10;
provided further, that 25 per cent of the amount appropriated herein shall be
transferred quarterly from the Arts Lottery Fund to the General Fund; provided
further, that any funds expended from this item for the benefit of
schoolchildren shall be expended for the benefit of all Massachusetts
schoolchildren and on the same terms and conditions; provided further, that the
council shall not expend funds from this item for any grant or contract
recipient that, in any program or activity for Massachusetts schoolchildren,
does not apply the same terms and conditions to all such schoolchildren;
provided further, that not more than $1,000,000 of the funds appropriated
herein shall be used to assist cultural organizations in augmenting or
initiating endowments to promote the financial stability of the organizations
and the assistance shall be in the form of challenge grants to the organizations;
provided further, that in order to receive a grant a cultural organization
shall raise an amount at least equal to the amount of the grant for the
organization's endowment; provided further, that funds provided by the grants
shall, in perpetuity, be used solely to provide free or reduced rate public
programs or services to citizens of the commonwealth;? and provided further, that a grant made under
this program shall not exceed $100,000; and provided further, that a person
employed under this item shall be considered an employee within the meaning of
section 1 of chapter 150E of the General Laws and shall be placed in the
appropriate bargaining unit......................................$7,400,000
0640-0350
For the purposes of cultural resources pursuant to
section 36 of chapter 69 of the General Laws including grants to or
contracts with public and non-public entities; provided, that the council shall
not expend funds from this item for any recipient that, in any program or
activity for Massachusetts schoolchildren, does not apply the same terms and
conditions to all such schoolchildren; and provided further, that 25 per cent
of the amount appropriated herein shall be transferred quarterly from the Arts
Lottery Fund to the General Fund...................................................$743,520
0640-0351
For the John and Abigail Adams Arts Program, to
promote innovations in the arts and humanities within the commonwealth through
the disbursement of cultural economic development grants including grants for
cultural activities that have the capacity to revitalize communities, stimulate
income, create or enhance jobs, and attract tourism; provided, that the funds
shall be administered by the Massachusetts cultural council; provided further,
that the mission of grant applicants may include demonstrated scholarship or
creativity in, or distinguished service to, the arts and humanities; provided,
that grants may focus on seed funding for early stage planning or
implementation, creation of enduring partnerships among cultural and
non-cultural organizations, defined community needs or opportunities, and
creation of innovative and sustainable development models that can be
replicated throughout and beyond the commonwealth; provided further, that
eligible applicants shall include, but not be limited to, not-for-profit
organizations and public sector entities; provided further, that collaborating
partners may also include private, for-profit organizations, educational
institutions and state or federal agencies; provided further, that grants shall
not exceed $100,000 and shall be leveraged by not less than $1 for each $1
granted; provided further, that preference shall be given to an applicant with
multiple funding sources that can demonstrate project viability, community
support and potential for long-term sustainability; and provided further, that
25 per cent of the amount appropriated herein shall be transferred quarterly
from the State Lottery Fund to the General Fund.....................$1,500,000
Debt Service.
0699-0015
For the payment of interest, discount and principal on
certain bonded debt and the sale of bonds of the commonwealth, previously
charged to the Local Aid Fund, the State Recreation Areas Fund, the
Metropolitan Parks District Fund, the Metropolitan Water District Fund, the
Metropolitan Sewerage District Fund, the Watershed Management Fund, the Highway
Fund, and the Inter-City Bus Fund; provided, that payments of certain serial
bonds maturing previously charged to the Local Aid Fund, the State Recreation
Areas Fund, the Metropolitan Water District Fund, the Metropolitan Sewerage
District Fund, and the Highway Fund shall be paid from this item; provided
further, that notwithstanding any general or special law to the contrary, the
state treasurer may make payments pursuant to section 38C of chapter 29 of the General Laws from this item and item 0699-9100; provided
further, that the payments shall pertain to the bonds, notes, or other
obligations authorized to be paid from each item; provided further, that
notwithstanding any general or special law to the contrary, the comptroller may
transfer the amounts that would otherwise be unexpended on June 30, 2006, from
item 0699-0015 to item 0699-9100 or from item 0699-9100 to item 0699-0015 which
would otherwise have insufficient amounts to meet debt service obligations for
the fiscal year ending June 30, 2006; provided further, that each amount
transferred shall be charged to the funds as specified in the item to which the
amount is transferred; provided further, that payments on bonds issued pursuant
to section 2O of chapter 29 of the General Laws shall be paid from this item
and shall be charged to the Infrastructure sub-fund of the Highway fund;
provided further, that payments of interest, discount and principal on certain
bonded debt of the commonwealth associated with the Watershed Management Fund
for the acquisition of development rights and other interests in land,
including fee simple acquisitions of watershed lands of the Quabbin and
Wachusett reservoirs and the Ware river watershed above the Ware river intake
pipe shall be paid from this item; provided further, that notwithstanding any
general or special law to the contrary or other provisions of this item, the
comptroller may charge the payments authorized herein to the appropriate budgetary
or other fund subject to a plan which the comptroller shall file 10 days in
advance with the house and senate committees on ways and means; and provided
further, that the comptroller shall transfer from this item to the government
land bank fund an amount equal to the amount by which debt service charged to
said fund exceeds revenue deposited to said fund.................................................$1,626,196,000
General Fund...........................................................................68.07%
Highway Fund..........................................................................31.93%
0699-2004
For the payment of interest, discount and principal on
certain indebtedness which may be incurred for financing the central
artery/third harbor tunnel funding shortfall ....................................................$65,330,000
Highway Fund ..........................................................................100.0%
0699-9100
For the payment of interest and issuance costs on
bonds and bond and revenue anticipation notes and other notes pursuant to
sections 47 and 49B of chapter 29
of the General Laws; provided, that the treasurer shall certify to the
comptroller a schedule of the distribution of costs among the various funds of
the commonwealth; provided further, that the comptroller shall charge costs to
the funds in accordance with the schedule; and provided further, that any
deficit in this item at the close of the fiscal year ending June 30, 2006 shall
be charged to the various funds or to the General Fund or highway fund debt
service reserves......................................................................$20,950,000
0699-9101
For the purpose of depositing with the trustee under
the trust agreement authorized in section 10B of chapter 11 of the
acts of 1997 an amount to be used to pay the interest due on notes of the
commonwealth issued pursuant to section 9 of said chapter 11 and
secured by the Federal Highway Grant Anticipation Note Trust Fund.................$67,408,000
0699-9200
For certain debt service contract assistance to the
Massachusetts Development Finance Agency in accordance with chapter?? 23G of the General Laws........................................$13,281,000
STATE AUDITOR.
Office of the State Auditor.
0710-0000
For the office of the state auditor, including the
review and monitoring of privatization contracts in accordance with sections 52
to 55, inclusive, of chapter 7 of
the General Laws and shared oversight of the central artery/third harbor tunnel
project; provided, that a report shall be submitted to the house and senate
committees on ways and means not later than December 1, 2004 delineating the
privatization contracts reviewed and monitored during fiscal year 2004;
provided further, that the report shall further detail the number of full-time
equivalent positions assigned by the office for the review of each of the
privatization contracts; provided further, that not less than $67,250 shall be
expended for the position of executive director of the central artery/third
harbor tunnel project oversight coordination commission, as established in
section 2B of chapter 205 of the acts of 1996, such that the position may
continue to provide administrative and investigative functions to the
commission in a manner that is consistent with said section 2B; provided further, that the auditor's office shall
pay half of the administrative costs of the municipal finance oversight board
from this item.............................$15,125,688
0710-0100
For the operation of the division of local mandates...........................................$585,103
0710-0200
For the operation of the bureau of special
investigations; provided, that the department shall file quarterly reports with
the house and senate committees on ways and means detailing the total amount of
fraudulently obtained benefits identified by the bureau of special
investigations of the office of the state auditor, the total value of
settlement restitution payments, actual monthly collections, and any
circumstances that produce shortfalls in collections.....................$1,600,000
ATTORNEY GENERAL.
Office of the Attorney General.
0810-0000
For the office of the attorney general, including the
administration of the local consumer aid fund, the operation of the anti-trust
division, all regional offices, a high-tech crime unit and the victim and
witness compensation program; provided, that the victim and witness
compensation program shall be administered in accordance with chapters 258B and
258C of the General Laws; provided further, that the attorney general shall
submit to the general court and the secretary for administration and finance a
report detailing the claims submitted to the state treasurer for payment under
item 0810-0004 indicating both the number and costs for each category of claim;
provided further, that not more than $250,000 shall be expended for a grants
program for the safe neighborhood initiative-jobs for youth program; provided
further, that not more than $250,000 shall be expended from the funds
appropriated in this item for a safe neighborhood initiative pilot program in
the Bowdoin/Geneva area of the Dorchester district of the city of Boston and in
the city of New Bedford; provided further, that the public proceedings unit
shall review the water rate increases; provided further, that not more than
$240,000 shall be expended for the operation of a child protection unit;
provided further, that funds may be expended for the commission on uniform
state laws; provided further, that $50,000 shall be expended for the Trauma
Intervention Program of Merrimack Valley; and provided further, that $260,000
shall be expended for the Ella J.? Baker
House in the city of Boston for violence prevention programs for high-risk
youth..............$21,998,002
0810-0004
For compensation to victims of violent crimes;
provided, that notwithstanding the provisions of chapter 258C of the General Laws, if a claimant is 60 years of
age or older at the time of the crime and is not employed or receiving
unemployment compensation, such claimant shall be eligible for compensation in
accordance with said chapter 258C
even if the claimant has suffered no out-of-pocket loss; provided further, that
compensation to such claimant shall be limited to a maximum of $50; and
provided further, that notwithstanding the provisions of any general or special
law to the contrary, victims of the crime of rape shall be notified of all
available services designed to assist rape victims including, but not limited
to, the provisions outlined in section 5 of chapter 258B of the
General Laws........................................$2,156,000
0810-0006
For the rental costs and unavoidable space rental
lease obligations associated with certain divisions of the office of the
attorney general located in the Leverett Saltonstall building...................................$2,414,150
0810-0007
For the overtime costs of state police officers
assigned to the attorney general; provided, that costs associated with those
officers shall not be funded from item 8100-0007; and provided further, that
expenditures shall not be made on or after the effective date of this act which
would cause the commonwealth's obligation for the purpose of this item to
exceed the amount appropriated in this item...........................................$486,517
Highway Fund....................................................................................88.20%
General Fund......................................................................................11.80%
0810-0014
For the operation of the department of
telecommunications and energy proceedings unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that notwithstanding any general or
special law to the contrary, the amount assessed to the unit shall be equal to
the amount expended from this item and provided further, that not less than
$200,000 shall be expended for the expenses of legal and technical personnel
and associated administrative and travel expenses relative to participation in
regulatory proceedings at the Federal Energy Regulatory Commission on behalf
of? Massachusetts ratepayers............................$1,609,028
0810-0017
For the expenses related to judicial proceedings
relevant to the fuel charge pursuant to section 94G of chapter 164 of the General Laws and such other proceedings as may be reasonably
related to the section; provided, that the assessment levied for such expense
shall be credited to the General Fund...............................$73,500
0810-0021
For the operation of the Medicaid fraud control unit;
provided, that the federal reimbursement for any expenditure from this item
shall not be less than 75 per cent of the expenditure; provided further, that
not less than $225,000 shall continue to be used specifically for the investigation
and prosecution of abuse, neglect, mistreatment and misappropriation based on
referrals from the department of public health pursuant to section 72H of chapter 111 of the General Laws; provided further, that the unit shall provide
training for all investigators of the department's division of health care
quality responsible for the investigations on a periodic basis pursuant to a
comprehensive training program to be developed by the division and the unit;
and provided further, that training shall include instruction on techniques for
improving the efficiency and quality of investigations of abuse, neglect,
mistreatment and misappropriation pursuant to said section 72H of said chapter 111...............................$2,687,349
0810-0045
For the labor law enforcement program pursuant to
subsection (b) of section 1 of chapter 23
of the General Laws; provided, that notwithstanding any general or special law
to the contrary, a non-management position funded by this item shall be
considered a job title in a collective bargaining unit as prescribed by the
labor relations commission and shall be subject to chapter 150E of the General Laws...................................$3,105,528
0810-0201
For the costs incurred in administrative or judicial
proceedings on insurance as authorized by section 11F of chapter 12 of the General Laws; provided, that funds made available in this
item may be used to supplement the automobile insurance fraud unit and the
workers' compensation fraud unit of the office of the attorney general; and
provided further, that notwithstanding any general or special law to the
contrary, the amount assessed for the costs shall be equal to the amount
expended from this item...........................................................$1,389,979
0810-0338
For the investigation and prosecution of automobile
insurance fraud; provided, that notwithstanding section 3 of chapter 399
of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164.......................$280,164
0810-0399
For the investigation and prosecution of workers'
compensation fraud; provided, that notwithstanding section 3 of chapter 399
of the acts of 1991, the amount assessed pursuant to said section 3 for the cost of this program shall be $280,164;
provided further, that the attorney general shall investigate and prosecute,
where appropriate, employers who fail to provide workers' compensation
insurance in accordance with the laws of the commonwealth; and provided
further, that the unit shall investigate and report on all companies not in
compliance with chapter 152 of the
General Laws..............$280,164
Victim and Witness Assistance Board
0840-0100
For the operation of the victim and witness assistance
board; provided, that the board shall submit a comprehensive report compiled
from the information required of and submitted to the office by the trial
court, the registry of motor vehicles and the state treasurer relative to the
collection of assessments for the previous calendar year under section 8 of chapter 258B
of the General Laws; and provided further, that the report shall be submitted
to the house and senate committees on ways and means on or before February 15,
2006................................................$398,845
0840-0101
For the safeplan advocacy program; provided, that the amount
allocated in this item shall be expended on the salaries and employee benefits
of safeplan advocates and regional coordinators, including the advocates in the
Hampshire probate and family court and the Northampton and Belchertown district
courts; provided further, that funds may be expended by the Massachusetts
office for victim assistance to administer the program; and provided further,
that said office shall submit to the house and senate committees on ways and
means not later than February 3, 2006 a report detailing the effectiveness of
contracting for said program including, but not limited to, the number and
types of incidents to which such advocates responded, the types of services and
service referrals provided by such domestic violence advocates, the cost of
providing such services and the extent of coordination with other service
providers and state agencies..........$619,073
STATE ETHICS COMMISSION.
0900-0100
For the operation of the state ethics commission...................................................$1,415,000
OFFICE OF THE INSPECTOR GENERAL
0910-0200
For the operation of the office of the inspector
general...............................................$2,600,000
0910-0210
The office of the inspector general may expend
revenues collected up to a maximum of $493,819 from the fees charged to
participants in the Massachusetts public purchasing official certification
program and the certified public manager program for the operation of such
programs; provided, that for the purpose of accommodating discrepancies between
the receipts of retained revenues and related expenditures, the office of the
inspector general may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system................................................................$493,819
OFFICE OF CAMPAIGN AND POLITICAL FINANCE.
0920-0300
For the operation of the office of campaign and
political finance........................................$1,078,287
OFFICE OF THE STATE COMPTROLLER.
1000-0001
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the office of the state comptroller for the
purpose and cost of compliance with the Single Audit Act of 1984, Public Law
89-502, and for the federally required comprehensive, statewide single audit of
state operations for the fiscal year ending June 30, 2006 in accordance with
generally accepted accounting principles; provided, that the office of the comptroller
shall charge other items of appropriation for the cost of the audit from
allocated federal funds transferred from federal reimbursement and grant
receipts; provided further, that the office of the comptroller shall charge not
more than a total of $750,000 to other items of appropriation for the cost of
the audit; provided further, that notwithstanding any general or special law to
the contrary, allocated federal funds transferred from federal reimbursement
and grant receipts shall be retained and expended from a separate item without
further appropriation, in addition to state funds appropriated to this item,
for the cost of compliance with the mandate of the federal law and the office
of management and budget regulations; provided further, that the amount of any
such federal funds and grant receipts so credited and expended from this item
shall be reported to the house and senate committees on ways and means;
provided further, that the comptroller shall maintain a special federal and
non-tax revenue unit which shall operate under policies and procedures
developed in conjunction with the secretary for administration and finance;
provided further, that the comptroller shall provide quarterly reports to the
house and senate committees on ways and means which shall include for each
state agency for which the commonwealth is billing, the eligible state
services, the full year estimate of revenues and revenues collected; provided
further, that notwithstanding the provisions of any general or special law to the
contrary, the comptroller shall deduct an amount of $1,000 from any item of
appropriation in section 2 of this
act in which a reporting requirement is stipulated within said item and which
report is not filed within 10 days of the stated due date; provided further,
that any and all amounts deducted shall be deposited in the General Fund and
the comptroller shall notify the house and senate committees on ways and means
of any and all amounts so deducted; provided further, that notwithstanding the
provisions of any general or special law to the contrary, the comptroller may
enter into contracts with private vendors to identify and pursue cost avoidance
opportunities for programs of the commonwealth and to enter into
interdepartmental service agreements with state agencies, as applicable, for
said purpose; provided further, that 60 days before entering into any
interdepartmental service agreements the comptroller shall notify the house and
senate committees on ways and means; provided further, that said notification
shall include, but not be limited to, a description of the project, the purpose
and intent of the interdepartmental service agreement, a projection of the
costs avoided in the current fiscal year, a copy of the contract with the
private vendor including the proposed rate of compensation and any previous
agreements related or similar to the new agreement with the above information;
provided further, that payments to private vendors on account of such cost
avoidance projects shall be made only from such actual cost savings as have
been certified in writing to the house and senate committees on ways and means
by the comptroller and the budget director as attributable to such cost
avoidance projects; provided further, that the comptroller may establish such
procedures, in consultation with the budget director and the affected
departments, as he deems appropriate and necessary to accomplish the purpose of
this section; and provided further, that the comptroller shall report on said
projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws.......................$8,448,692
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary.
1100-1100
For the office of the secretary and the administration
of the fiscal affairs division; provided, that the secretary shall conduct an
ongoing review of affirmative action steps taken by the various agencies,
boards, departments, commissions or divisions to determine whether such
agencies, boards, departments, commissions or divisions are complying with the
commonwealth's policies of non-discrimination and equal opportunity; provided
further, that whenever non-compliance is determined by the secretary, the
secretary shall hold a public hearing on the matter and report his resulting
recommendations to the head of the particular agency, board, department,
commission or division, to the governor and to the Massachusetts commission
against discrimination; provided further, that the secretary shall report on
the status of each agency, board, department, commission or division receiving
monies under this act, including supplemental and deficiency budgets, as to
compliance or non-compliance with affirmative action policies to the chairs of
the house and senate committees on ways and means, the joint committee on
public service and the joint committee on commerce and labor on or before
December 1, 2005; provided further, that agencies within the executive office
may, with the prior approval of the secretary, streamline and improve
administrative operations pursuant to interdepartmental service agreements;
provided further, that notwithstanding any general or special law or regulation
to the contrary, the secretary for administration and finance, in consultation
with the state secretary, shall, not later than October 31, 2005 issue a
request for purchase through the competitive bidding process for the provision
of public records storage, except those records that receive federal
reimbursement, for all state agencies within the jurisdiction of the governor
in order to achieve cost savings including, but not limited to, those
associated with greater efficiencies in the use and payment of records storage,
reduction in private office lease costs for administrative personnel, and for
more efficient and accessible use of public office space by displacing records
with administrative personnel; provided further, that the secretary, in
consultation with the state secretary, shall report, not later than March 31,
2006, a plan to improve public records storage and office space efficiencies to
the joint committee on state administration and to the house and senate committees
on ways and means; and provided further, that the budget director shall report
on a quarterly basis to the house and senate committees on ways and means the
status of all cost avoidance projects which are undertaken pursuant to item
1000-0001...........................................$3,433,853
Division of Capital Asset Management and Maintenance
1102-3205
The division may expend for the maintenance and
operation of the Massachusetts information technology center an amount not to
exceed $6,100,000 in revenues collected from rentals, commissions, fees,
parking fees and any and all other sources pertaining to the operations of said
center; provided, that notwithstanding any general or special law to the
contrary, and for the purpose of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the division may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate therefore as
reported in the state accounting system...................$6,100,000
1102-3206
For the costs associated with the maintenance and
security of surplus state properties; provided, that the commissioner of the
division of capital asset management and maintenance shall transfer care and
control of a certain parcel of land with the building thereon, located at 291
Summer Street, Lowell and recorded with the Middlesex county northern district
registry of deeds, Book 1491, Page 170, to the Middlesex sheriff; provided
further, that the commissioner of the division of capital asset management and
maintenance shall complete study number SDE 0301ST1 regarding the site location
of the proposed regional holding facility in Essex county by July 31, 2005;
provided, that the division shall submit quarterly reports that detail the hire
date, salary, and job title of every employee at the division and the amount
associated with each bond authorization; and provided further, the division
shall submit a report that details every employee at the division including the
hire date, salary, and job title for fiscal years 2002, 2003, 2004, 2005 and
2006 to the house and senate committees on ways and means on or before January
11, 2006......................................................$359,208
1102-3214
For the state transportation building; provided, that
the division may expend revenues collected up to a maximum of $6,840,000 from
rentals, commissions, fees, parking fees and from any and all other sources
pertaining to the operation of the state transportation building for the
maintenance and operation of said building; and provided further, that for the
purpose of accommodating discrepancies between the receipt of retained revenues
and related expenditures, the division may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system...............................$6,840,000
1102-3231
For the Springfield state office building; provided,
that the division may expend not more than $700,000 in revenues from rents
charged to agencies occupying the building for the maintenance and operation of
the building; and provided further, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system.....................$700,000
1102-3232
For the division of capital asset maintenance and
management; provided, that the division may expend not more than $300,000
received from application fees charged in conjunction with the certification of
contractors and subcontractors pursuant to section 44D of chapter 149 of the General Laws; and provided further, that only expenses,
including staffing, incurred to implement and operate the certification program
shall be funded from this item...........$300,000
Bureau of State Office Buildings.
1102-3301
For the operation of the bureau and for the
maintenance and operation of buildings under the jurisdiction of the state
superintendent of buildings; provided, that the bureau shall retain
jurisdiction over all contracts, purchases and payments for materials and
services required in the operation of the bureau.................$6,549,189
1102-3302
For the purposes of utility costs and associated
contracts for the properties managed by the bureau of state office buildings ....................................$5,061,342
1102-3305
For the maintenance and joint operation of the state
house under the jurisdiction of the state superintendent of state office
buildings and the legislature's joint committee on rules; provided, that the
bureau shall work in coordination with the house of representatives and the
senate relative to the maintenance, repair, purchases and payments for
materials and services, including ongoing Americans with Disabilities Act (ADA)
maintenance and improvements required in the operation of the state house .......................................................$750,000
Office on Disability.
1107-2400
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office on disability; provided, that $125,000
shall be used to develop training materials for employees working in the state
house on the Americans With Disabilities Act, including how to assist people
with disabilities within the state house..........................$730,280
Disabled Persons Protection Commission.
1107-2501
The Governor has disapproved of certain language.
For the disabled persons protection commission;
provided, that the commission shall facilitate compliance by the department of
mental health and the department of mental retardation with uniform
investigative standards; provided further, that the commission shall report to
the house and senate committees on ways and means not later than the last day
of each quarter on the number of claims of abuse by caretakers made by
employees or contracted service employees of the departments of mental
retardation and mental health and the Massachusetts rehabilitation commission;
provided further, that the report shall include: (i) the number of claims found to be substantiated;
(ii) the number of claims found to be unsubstantiated; and (iii) the number of
claims found to be falsely reported as a result of intentional and malicious
action; and provided further, that the commission shall ensure that all calls
received by the commission's 24-hour hotline are recorded, that all persons who
call said hotline shall be immediately informed that all calls are recorded,
and each such person shall be provided with the opportunity to elect that the
call not be recorded...................................$1,746,915
1108-1011
For the civil service commission; provided, that the
General Fund shall be reimbursed for the appropriation herein through a fee
charged on a per claim basis; provided further, that said commission shall
develop and implement regulations to implement said reimbursement to the
General Fund; and provided further, the civil service commission shall have the
power to assess a fee upon the appointing authority when inappropriate action
has occurred..................$478,073
Group Insurance Commission.
1108-5100
For the administration of the group insurance
commission; provided, that the commission shall generate the maximum amounts
allowable under the federal Consolidated Omnibus Budget Reconciliation Act, as
amended, and from reimbursements allowed by sections 8, 10B, 10C and 12 of
chapter 32A of the General Laws..........................................$2,291,969
1108-5200
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the commonwealth's share of the group insurance
premium and plan costs incurred in fiscal year 2006; provided, that the
secretary of administration and finance shall charge the division of
unemployment assistance and other departments, authorities, agencies and
divisions, which have federal or other funds allocated to them for this
purpose, for that portion of insurance premiums and plan costs as the secretary
determines should be borne by such funds, and shall notify the comptroller of
the amounts to be transferred, after similar determination, from the several
state or other funds and amounts received in payment of all such charges or
such transfers shall be credited to the General Fund; provided further, that
prior year costs incurred by self insured plans shall be funded from this item;
provided further, that the group insurance commission shall report quarterly to
the house and senate committees on ways and means the amounts expended from
this item for prior year costs; provided further, that the group insurance
commission shall obtain reimbursement for premium and administrative expenses
from other agencies and authorities not funded by state appropriation; provided
further, that the secretary of administration and finance may charge all
agencies for the commonwealth's share of the health insurance costs incurred on
behalf of any employees of those agencies who are on leave of absence for a
period of more than 1 year; provided further, that the amounts received in
payment for the charges shall be credited to the General Fund; provided
further, that notwithstanding section 26
of chapter 29 of the General Laws,
the commission may negotiate, purchase and execute contracts before July 1 of
each year for policies of group insurance as authorized by chapter 32A of the General Laws; provided further, that
notwithstanding chapter 150E of the
General Laws and as provided in section 8 of chapter 32A and for
the purposes of section 14 of
chapter 32A, the commonwealth's
share of the group insurance premium for state employees who have retired
before July 1, 1994 shall be 90 per cent and the commonwealth's share of the
group insurance premium for state employees who have retired on or after July
1, 1994 shall be 85 per cent; provided further, that the commonwealth's share
of the group insurance premium for active employees upon retirement shall be 85
per cent; provided further, that notwithstanding section 8 of chapter 32A
of the General Laws, the commonwealth's share of the premiums for active state
employees and their dependents whose salary, as determined by the commission in
consultation with the human resources division and the office of the state comptroller,
is between $0 and $34,999, shall be 85 per cent of the premiums and rates;
provided further, that the commonwealth's share of the premiums for active
state employees and their dependents whose salary, as determined by the
commission in consultation with the human resources division and the office of
the state comptroller, is $35,000 or more shall be 80 per cent of the premiums
and rates; provided further, that the preceding provisions pursuant to employee
contributions shall expire December 31, 2005 at which time the commonwealth's
share of the premiums for active state employees and their dependents shall be
85 per cent; provided further, that the commonwealth's share of such premiums
for active state employees and their dependents who are hired after June 30,
2003 shall be 75 per cent of such premiums and rates; provided further, that
the preceding provision pursuant to employee contributions shall expire
December 31, 2005 at which time the commonwealth's share of the premiums for
active state employees hired after June 30, 2003 and their dependents shall be
80 per cent; and provided further, that the commission shall notify the house
and senate committees on ways and means by March 1 of each year of the cost of
the commonwealth's projected share of group insurance premiums for the next
fiscal year...........................................$949,010,107
1108-5350
For elderly governmental retired employee premium
payments................................................$1,088,542
1108-5400
For the costs of the retired municipal teachers'
premiums and the audit of such premiums............$64,161,035
1108-5500
For the costs, notwithstanding chapter 32A of the General Laws to the contrary, of dental and
vision benefits for those active employees of the commonwealth, not including
employees of authorities and any other political subdivision, who are not
otherwise provided those benefits pursuant to a separate appropriation or the
terms of a contract or collective bargaining agreement; provided, that the
employees shall pay 15 per cent of the monthly premium established by the
commission for the benefits...................................................$6,638,836
Division of Administrative Law Appeals.
1110-1000
For the operation of the division of administrative
law appeals established by section 4H
of chapter 7 of the General Laws;
provided, that said office shall maintain, to the fullest extent practicable, a
complete physical and technological separation from any agency, department,
board, commission or program whose decisions, determinations or actions may be
appealed to it; and provided further, that every decision issued by a
commissioner or other head of agency, or designee, following the issuance of a
recommended decision by an administrative law judge of the division, shall be
an agency decision subject to judicial review pursuant to chapter 30A of the General Laws ...................................$1,102,144
George Fingold Library.
1120-4005
For the administration of the library; provided, that
the library shall maintain regular hours of operation from 9:00 a.m.? to 5:00 p.m.....................$1,192,449
Massachusetts Commission Against Discrimination.
1150-5100
For the office of the commission, including the
processing and resolution of cases pending before the commission that were
filed on or before July 1, 2002; provided, that on or before November 1, 2005
the commission shall submit to the house and senate committees on ways and
means a report on the total number of all currently pending cases and the total
number of such cases in the investigation, conciliation, post-probable cause
and pre-public hearing and post-hearing stages; provided further, that the
commission shall file an update of the report with the committees on or before
March 1, 2006; provided further, that the commission shall identify in such
reports the number of cases in which the commission has determined there is probable
cause to believe that a violation of chapter 151B of the General Laws has been committed in a case
in which the Massachusetts Bay Transportation Authority is named as a
respondent; provided further, that the commission shall report to the house and
senate committees on ways and means on or before November 1, 2005 the number of
cases pending before the commission in which a state agency or state authority
is named as a respondent, specifying those cases in which the Massachusetts Bay
Transportation Authority is named as a respondent, and the number of the cases
in which there is probable cause to believe that a violation of said chapter 151B has been committed; provided further, that the
commission shall include in such report the total number of new cases filed in
fiscal year 2005 and the total number of cases closed by the commission in
fiscal year 2005; provided further, that funds made available in this item
shall be in addition to funds available in item 1150-5104; provided further,
that all positions, except clerical, shall be exempt from chapter 31 of the General Laws; and provided further, that the
commission shall pursue the highest allowable rate of federal reimbursement.......................$1,526,374
1150-5104
The Massachusetts commission against discrimination
may expend not more than $2,467,982 from revenues from federal reimbursements
received for the purposes of the United States Department of Housing and Urban
Development fair housing type 1 program and the equal opportunity resolution
contract program during fiscal year 2006 and federal reimbursements received
for these and other programs in prior years; provided, that notwithstanding any
general or special law to the contrary, the commission may also expend revenues
generated through the collection of fees and costs so authorized; provided
further, that for the purposes of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the commission may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system; and provided further, that notwithstanding section 1 or any other general or special law to the contrary,
federal reimbursements received in excess of $2,467,982 shall be credited to
the General Fund..............$2,467,982
1150-5116
The Massachusetts commission against discrimination
may expend not more than? $27,500 from
revenues collected from fees charged for the training and certification of
diversity trainers for the operation of the discrimination prevention
certification program...................................$27,500
Department of Revenue
1201-0100
For the operation of the department of revenue, including tax
collection administration, audits of certain foreign corporations, and the
division of local services; provided, that the department may allocate an
amount not to exceed $250,000 to the office of the attorney general for the
purpose of the tax prosecution unit; provided further, that the department may
charge the expenses for computer services, including the cost of personnel and
other support costs provided to the child support enforcement unit, from this
item to item 1201-0160, consistent with the costs attributable to said unit;
provided further, that the department shall maintain regional offices in the
cities of, Springfield, Pittsfield, Fall River, and Worcester and in the
Hyannis section of the town of Barnstable; provided further, that the
department shall provide to the general court access to the municipal data
bank; and provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal
positions funded by this account are positions requiring the services of an
incumbent, on either a full-time or less than full-time basis beginning no
earlier than December 1 and ending no later than November 30; and provided
further, that seasonal positions funded by this account may not be filled by
incumbent for more than 10 months within a 12 month period................$116,943,409
General Fund........................................................................95.0%
Highway Fund........................................................................5.0%
1201-0130
The department of revenue may expend an amount not to
exceed $9,640,000 from revenues collected by auditors and for the costs of
administering an enhanced audit program, for discovering and identifying
persons who are delinquent either in the filing of a tax return or the payment
of a tax due and payable to the commonwealth, for the costs of obtaining those
delinquent returns and collecting those delinquent taxes for a prior fiscal
year; provided, that the commissioner may expend funds from this item to
support the operational costs of the department funded from item 1201-0100; and
provided further, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment the amounts not to exceed the lower
of this authorization or the most recent revenue estimate therefore as reported
in the state accounting system........................................$9,640,000
1201-0160
For the child support enforcement unit; provided, that
the department may allocate funds appropriated herein to the department of
state police, the district courts, the probate and family courts, the district
attorneys and other state agencies for the performance of certain child support
enforcement activities, and that those agencies may expend the funds for the purposes
of this item; provided further, that all such allocations shall be reported
quarterly to the house and senate committees on ways and means upon the
allocation of said funds; provided further, that the federal receipts
associated with the child support computer network shall be drawn down at the
highest possible rate of reimbursement and deposited into a revolving account
to be expended for the network; provided further, that federal receipts
associated with child support enforcement grants shall be deposited into a
revolving account to be drawn down at the highest possible rate of
reimbursement and to be expended for the grant authority, so-called; provided
further, that the department shall file quarterly reports with the house and
senate committees on ways and means, detailing the balance, year-to-date and
projected receipts and year-to-date and projected expenditures, by subsidiary,
of the child support trust fund established pursuant to section 9 of chapter 119A
of the General Laws; and provided further, that notwithstanding any general or
special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of revenues and related expenditures, the
department may incur expenses and the comptroller may certify for payment the
amounts not to exceed the lower of the authorization or the most recent revenue
estimate therefor as reported in the state accounting system for federal
incentives and said network in accounts 1201-0161 and 1201-0410...................$48,252,766
1201-0164
For the child support enforcement division; provided,
that said division may expend revenues in an amount not to exceed $6,547,280
from the federal reimbursements awarded for personnel and lower subsidiary
related expenditures.................$6,547,280
1231-1000
For the Commonwealth Sewer Rate Relief Fund
established in section 2Z of
chapter 29 of the General Laws.............$12,500,000
1231-1020
For a program of loans, loan purchases or loan guarantees or
interest subsidies to assist homeowners, homeowner associations or condominium
associations in complying with revised state environmental code for subsurface
disposal of sanitary waste, Title V, so called; provided, that the program
shall be in addition to the loan program established pursuant to item 2200-9959
in section 2 of
chapter 85 of the
acts of 1994; provided further, that the department may contract with third
parties, including, but not limited to, commonwealth-based financial
institutions to manage said program; provided further, that the department and
the third parties shall take all steps necessary to minimize the program's
administrative costs; provided further, that the loans, loan purchases or loan
guarantees shall be available on the basis of a sliding scale that relates a
homeowner's income and assets to the cost of Title V compliance; provided
further, that interest subsidies shall be means-tested and may be for
zero-interest loans pursuant to income standards developed by the department;
and provided further, that the department of revenue shall consult with the
department of environmental protection in developing rules, regulations and
guidelines for said program, prior appropriation continued...........................1232-0100
For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws......................$18,200,000
1232-0200
For the Underground Storage Tank Petroleum Cleanup
Fund Administrative Review Board established by section 8 of chapter 21J
of the General Laws and for the administration of the underground storage tank
program associated with the implementation of chapter 21J of the General Laws; provided, that
notwithstanding section 4 of
chapter 21J or any other general or
special law to the contrary, appropriations made in this item shall be
sufficient to cover the administrative expenses of the underground storage tank
program; provided further, that the board shall submit to the house and senate
committees on ways and means a report on the status of the underground storage
program, including, but not limited to, the number of municipal grants made for
the removal and replacement of underground storage tanks and the reimbursements
for remediated petroleum spills; provided further, that the report shall detail
how many tanks are out of compliance with said chapter 21J; and provided further, that the report shall be
submitted not later than February 16, 2006............$2,026,989
1232-0300
For underground storage tank municipal grants to
remove and replace the tanks pursuant to section 2 of chapter 21J
of the General Laws and section 37A
of chapter 148 of the General Laws...................$489,901
1233-2000
For reimbursing cities and towns for taxes abated
pursuant to clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second
B, Twenty-second C, Twenty-second E and Thirty-seventh of section 5 of chapter 59
of the General Laws..................................$8,400,000
1233-2010
For reimbursing cities and towns for tax abatements
granted to certain homeowners over the age of 65 pursuant to clause
Fifty-second of section 5 of
chapter 59 of the General Laws................................$9,655
1233-2310
For reimbursing cities and towns for taxes abated
pursuant to the clauses Forty-first, Forty-first B and Forty-first C of section 5 of chapter 59
of the General Laws; provided, that the commonwealth shall reimburse each city
or town that accepts said clause Forty-first B or clause Forty-first C for
additional costs incurred in determining eligibility of applicants under those
clauses in an amount not to exceed $2 per exemption granted.........................$9,890,345
Appellate Tax Board.
1310-1000
For the operation of the appellate tax board;
provided, that the board shall schedule hearings in Barnstable, Gardner,
Lawrence, Milford, Northampton, Pittsfield, Springfield, Worcester and
southeastern Massachusetts; and provided further, that the board shall report
to the house and senate committees on ways and means no later than December 1,
2005 on the number of hearings held at each location......................................$1,766,095
1310-1001
The appellate tax board may expend revenues up to a
maximum of $300,000 from fees collected; provided, that in order to accommodate
discrepancies between the receipt of retained revenues and related
expenditures, the board may incur expenses and the comptroller may certify for
payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system.........................$300,000
Department of Veterans Services
0610-0093
For the purposes of allowing the department of
veterans' services to make bonus payments to Persian Gulf war veterans;
provided, that the payments shall be consistent with the purposes of the trust
instrument for "A Hero's Welcome Trust Fund"............................$23,000
A Hero's Welcome Trust Fund...................................................................................100.00%
1410-0010
For the operation of the department of veterans'
services; provided, that the department may fund a housing specialist from this
item; provided further, that not less than $10,000 shall be expended for the
purpose of maintaining the Massachusetts Vietnam Veterans Memorial located in
the Green Hill park in Worcester; provided further, that not less than $10,000
shall be expended for the Korean War Veterans Committee of Massachusetts for
the purpose of maintaining the Korean War Memorial located in the shipyard park
of the Charlestown Navy Yard; and provided further, that the department may
expend funds for the Glory 54th Brigade...........................................................$1,909,209
1410-0012
For services to veterans, including the maintenance
and operation of outreach centers; provided, that the centers shall provide
counseling to incarcerated veterans and to Vietnam era veterans and their
families who may have been exposed to agent orange; provided further, that not
less than $228,771 shall be obligated for a contract with the Veterans Benefit
Clearinghouse in the Roxbury section of Boston; provided further, that not less
than $106,102 shall be obligated for a contract with the North Shore Veterans
Counseling Center in the city of Beverly; provided further, that not less than
$84,879 shall be obligated for a contract with the Veterans Association of
Bristol county in the city of Fall River; provided further, that not less than
$100,000 shall be obligated for a contract with Nam Vets Association of the
Cape and Islands in the Hyannis section of the town of Barnstable; provided
further, that not less than $292,480 shall be obligated for a contract with the
Montachusett Veterans Outreach Center in the city of Gardner; provided further,
that not less than $84,453 shall be obligated for a contract with the
Metrowest/Metrosouth Outreach Center in the town of Framingham; provided
further, that not less than $30,000 shall be expended for the oral history
project at the Morse Institute Library in Natick; provided further, that not
less than $100,000 shall be expended for veteran's services to be administered
by the Falmouth veterans agent through the Falmouth Free Clinic and Community
Center; and provided further, that not less than $134,879 shall be obligated
for a contract with the Puerto Rican Veterans Association of Massachusetts,
Inc., in the city of Springfield...................$1,294,420
1410-0015
For the women veterans' outreach program...................................................$42,281
1410-0018
The department may expend not more than $300,000 for
the maintenance and operation of Agawam and Winchendon veterans' cemeteries
from revenue collected from fees, grants, gifts or other contributions to the
cemeteries; prior appropriations continued.....................................$300,000
1410-0100
For the revenue maximization project of the executive
office of elder affairs to identify individuals eligible for veterans' pensions
who are currently receiving home health care services........................$98,000
1410-0250
For homelessness services; provided, that not less
than $475,105 shall be obligated for a contract with the central Massachusetts
Shelter for Homeless Veterans in the city of Worcester; provided further, that
not less than $352,395 shall be obligated for a contract with the Southeastern
Massachusetts Veterans Housing Program, Inc. in the city of New Bedford;
provided further, that $100,350 shall be obligated for a contract with the
Veterans Benefit Clearinghouse in the Dorchester section of the city of Boston;
provided further, that not less than $199,405 shall be obligated for a contract
with Unity House in the city of Gardner; provided further, that not less than
$75,000 shall be obligated for a contract with the Transition House in the city
of Springfield; provided further, that not less than $51,975 shall be expended
for a contract with the Springfield Bilingual Veterans Outreach Center for the
operation and maintenance of a transitional housing unit at the YMCA of
Springfield; provided further, that not less than $28,350 shall be obligated
for a contract with the Homestead in the town of Hyannis; provided further,
that not less than $200,000 shall be obligated for contracts with the Veterans
Hospice Homestead in the city of Leominster and the Veterans Hospice in the
town of Fitchburg; provided further, that not less than $22,500 shall be
obligated for a contract with the Turner House located in the town of
Williamstown; provided further, that not less than $73,350 shall be obligated
for a contract with the Veterans Benefit Clearinghouse in the Roxbury section
of the city of Boston; provided further, that not less than $44,888 shall be
provided for a contract with the Mansion in the city of Haverhill; provided
further, that not less than $200,000 shall be obligated for a contract with the
United Veterans of America shelter in the town of Leeds; and provided further,
that not less than $190,000 shall be obligated for a contract with Habitat
P.L.U.S. in the city of Lynn.................................$2,013,318
1410-0251
For the maintenance and operation of homeless shelters
and transitional housing for veterans at the New England Shelter for Homeless
Veterans located in the city of Boston......................................$2,258,043
1410-0300
For the payment of annuities to certain disabled
veterans and the parents and unremarried spouses of certain deceased veterans;
provided, that such payments shall be made pursuant to section 6B of chapter 115 of the General Laws; provided further, that the department shall
take reasonable steps to terminate payments upon the death of a recipient;
provided further, that the department shall prorate annuity payments to ensure
that the total payments in fiscal year 2006 shall not exceed the amount
appropriated herein; and provided further, that the secretary of veterans'
services shall file with the house and senate committees on ways and means a
report detailing the number of applications received for annuities offered
under this program at the end of each fiscal quarter.................$12,339,263
1410-0400
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For reimbursing cities and towns for money paid for
veterans' benefits and for payments to certain veterans under section 6 of chapter 115
of the General Laws; provided, that notwithstanding any general or special law
to the contrary, 100 per cent of the amounts of veterans' benefits paid by cities
and towns to residents of a soldiers' home shall be paid by the commonwealth to
the several cities and towns; provided further, that pursuant to section 9 of said chapter 115, the department shall reimburse cities and towns for the cost of
United States flags placed on the graves of veterans on Memorial Day; provided
further, that notwithstanding any general or special law to the contrary, the
secretary of veteran services may continue a training program for veterans'
agents and directors of veterans' services in cities and towns; provided
further, that the purpose of the training program shall be to maximize federal
assistance available for veterans and to assure that the agents and directors
receive uniform instruction on providing veterans and dependents with advice
relative to procurement of state, federal and local benefits to which they are
entitled, including employment, education, health care, retirement and other
veterans' benefits; provided further, that the subject matter of the training
program shall include benefits available under said chapter 115 and alternative resources, including those which
are partially or wholly subsidized by the federal government, such as Medicaid,
Supplemental Security Income and Social Security Disability benefits, as well
as federal pension and compensation entitlements; provided further, that the
secretary shall promulgate regulations for the training program; provided
further, that upon successful participation by the veterans' agents or
directors of veterans' services in the training program, the costs of the training
program incurred by the several cities and towns shall be reimbursed by the
commonwealth on or before November 10 following the fiscal year in which the
costs were paid; provided further, that any person applying for veterans'
benefits to pay for services available under chapter 118E of the General Laws, shall also apply for medical
assistance under said chapter 118E
to minimize cost of the commonwealth and its municipalities; provided further,
that veterans' agents shall complete applications authorized by the executive
office under said chapter 118E for
any veteran, widow and dependent applying for medical assistance under said
chapter 115; provided further, that
the veterans' agent shall file the application for the veteran or dependent for
assistance under said chapter 118E;
provided further, that the executive office shall act on all said chapter 118E applications and advise the applicant and the
veterans' agent of the applicant's eligibility for said chapter 118E healthcare; provided further, that the veterans'
agent shall advise the applicant of the right to assistance for medical
benefits under said chapter 115
pending approval of the application for assistance under said chapter 118E by the executive office provided further, that
the secretary may supplement healthcare pursuant to said chapter 118E with healthcare coverage under said chapter 115 if he determines that supplemental coverage is
necessary to afford the veteran or dependent sufficient relief and support;
provided further, that payments to or on behalf of a veteran or dependent
pursuant to said chapter 115 shall
not be considered income for the purposes of determining eligibility under said
chapter 118E; and provided further,
that benefits awarded pursuant to section 6B of said chapter 115
shall be considered countable income..............................$13,805,284
1410-0630
For the administration of the veterans' cemeteries in
the towns of Agawam and Winchendon.................$866,448
Reserves.
1599-0035
For certain debt service contract assistance to the
Massachusetts Convention Center Authority in accordance with section 39 of chapter 190 of the acts of 1982; provided, that the assistance shall be
expended notwithstanding section 35J
of chapter 10 of the General Laws............................$14,735,000
1599-0042
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For a reserve to improve the quality of the
commonwealth's child care system by enabling child care providers to better
attract and retain quality staff; provided, that payments from this reserve
shall be distributed by the department of early education and care to increase
reimbursement rates for subsidized child care; provided further, that the
increases shall be directed to expenditures for salaries, benefits, and
stipends for professional development of child care workers; and provided
further, that such increases may be allocated to adjust rates of reimbursement
paid to each provider by the same percentage across the commonwealth............................$12,500,000
1599-0049
For contract assistance payments to the Foxborough
Industrial Development Finance Authority in accordance with section 8 of chapter 16
of the acts of 1999............................................$5,337,628
1599-0050
For Route 3 North contract assistance payments...................................$26,755,000
1599-0093
For contract assistance to the water pollution
abatement trust for debt service obligations of the trust, in accordance with
sections 6 and 6A of chapter 29C of
the General Laws .................................$55,166,537
1599-1970
For a reserve for the Massachusetts turnpike authority
for costs incurred in fiscal year 2005 for the operation and maintenance of the
central artery/tunnel project pursuant to chapter 235 of the acts of 1998 ..........$25,000,000
1599-1971
For the cost of hired and leased equipment, vehicle
repair, and sand, salt, and other control chemicals used for snow and ice
control; provided, that the secretary for administration and finance shall
submit to the house and senate committees on post audit and oversight, the
house and senate committees on transportation and the house and senate
committees on ways and means a report on snow and ice control efforts no later
than September 1, 2005 which shall include, but not be limited to, the
following: (a) a list of amounts
paid to each vendor from state appropriations for snow and ice control efforts
for fiscal years 2004 and 2005; (b) a detailed account of the administrative
oversight exercised by either the secretary for administration and finance, the
secretary of transportation or the department of highways for snow and ice
control efforts, including an explanation of measures taken to verify services
provided, audit vendor payment vouchers, or any other measures taken to ensure
accountability relative to the expenditure of the state funds for snow and ice
control efforts; (c) information on the transponder program including, but not
limited to, the number and cost of transponders leased or purchased, costs
associated with maintenance and warranties for the transponders, the useful
life of the transponders, the number of incidents when transponders failed or
malfunctioned, the number of transponders that were damaged, estimated costs of
continuing the program, the compliance rate of vendors using transponders, the
number of transponders that were damaged or broken, the number of appeals by
contractors for transponders that may have failed or malfunctioned, a list of
any contractors that were accused of, charged with or prosecuted for fraudulent
snow and ice removal claims; and (d) any other information that the secretary
determines is necessary to account for and explain the extraordinary
expenditure of state appropriations for the control and removal of snow and
ice; and provided further, that the report indicates how many salt storage
facilities in the commonwealth are in conformance with section 7A of chapter 85 of the General Laws and how many are not ...................................$10,500,000
1599-3234
For the commonwealth's south Essex sewerage district
debt service assessment ..........................$93,550
1599-3384
For a reserve for the payment of certain court
judgments, settlements and legal fees, in accordance with regulations
promulgated by the comptroller, which were ordered to be paid in the current
fiscal year or a prior fiscal year; provided, that the comptroller shall report
quarterly to the house and senate committees on ways and means on the amounts
expended from this item; provided further, that no amount appropriated in this
item shall fund attorneys' fees for Boulet, et al v. Cellucci, et al, civil
action No. 99-CV-10617-DPW, United States District Court of Massachusetts .............$4,837,211
1599-3837
For the payment to the water pollution abatement trust
to fund financial assistance to municipalities and other eligible borrowers to
meet debt service obligations incurred by the municipalities and other eligible
borrowers after January 1, 1992, to finance the costs of water treatment
projects or portions thereof which have been approved by the department of
environmental protection, or otherwise authorized by law, and which have been
completed, as determined by the department, on or before the promulgation date
of the department's regulations related to the implementation of the federal
Safe Drinking Water Act.............................$7,852,853
1599-3838
For a reserve for payment to the water pollution
abatement trust to finance the costs of water treatment projects or portions
thereof which have been approved by the department of environmental protection,
or otherwise authorized by law, after the promulgation date of the department's
regulations related to the implementation of the federal Safe Drinking Water Act......................$9,465,260
1599-3856
For rent and associated costs at the Massachusetts
information technology center in Chelsea ......$7,115,000
1599-3857
For capital lease payments from the University of
Massachusetts to the Massachusetts development finance agency and for annual
operations of the advanced technology and manufacturing center in Fall River...................$1,300,000
1599-4408
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a reserve for costs incurred to comply with the
provisions of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Pub. L. 104-193), or any successor federal statute, including but
not limited to, state work participation requirements, subsequent to the
expiration of the commonwealth's federal welfare waiver on September 30, 2005,
or with any additional costs or requirements imposed as a result of any
legislation enacted by the general court subsequent to reauthorization of the
federal temporary aid for needy families block grant; provided, that not less
than $6,000,000 shall be made available to the department of transitional
assistance for additional services in item 4401-1000, the employment services
program, administered within the department; provided further, that not less
than $6,000,000 shall be made available to the department of early education
and care for additional child care vouchers and contracts, according to the
provisions of item 3000-4050 and for the administration of the vouchers and
contracts by child care resource and referral agencies, according to the
provisions of item 3000-2000; provided further, that the secretary of
administration and finance, the commissioner of the department of transitional
assistance and the commissioner of the department of early education and care,
shall, not later than January 15, 2006, jointly issue a preliminary report, and
not later than April 1, 2006, issue a final report on planned expenditures from
this item, on any federal actions impacting the state transitional assistance
program, and on any legislative proposals the department may recommend in
response to the actions; provided further, that, if the reports include
legislative or administrative recommendations in response to federal actions,
the reports shall include a description of all new requirements proposed to be
imposed on recipients of transitional aid to families with dependent children
as a result of federal actions, an analysis of the individuals proposed to be
subject to work requirements as a result of the actions, including an analysis
of which individuals may reasonably be expected to obtain employment with
proper assistance and which require an alternative plan or strategy for
achieving self-sufficiency, and a detailed plan for addressing the needs of any
recipient who would be subject to work requirements under such proposal;
provided further, that the reports shall be provided to the chairpersons of the
house and senate ways and means committees, the house and senate chairpersons
of the joint committee on children and families and the house and senate
chairpersons of the joint committee on education; and provided further, that
nothing in the foregoing authorizes the department of transitional assistance
to impose rules or requirements that are not authorized by section 110 of chapter5 of the acts of 1995...................$12,000,000
1599-6901
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For a reserve to adjust the wages, compensation or
salary and associated employee-related costs to personnel who are employed by
private human service providers that deliver human and social services under
contracts with departments within the executive office of health and human
services and the executive office of elder affairs; provided, that home care
workers shall be eligible for funding from this appropriation; provided
further, that the secretary of administration and finance may allocate the
funds appropriated in this item to the departments in order to implement this
initiative; provided further, that the executive office of health and human
services shall condition the expenditure of the reserve upon assurances that
the funds shall be used solely for the purposes of adjustments to wages,
compensation or salary; provided further, that not later than February 15,
2006, the executive office shall submit to the house and senate committees on
ways and means a report delineating the number of employees, by job title and
average salary, receiving such adjustment in fiscal year 2006 and the average
percentage adjustment funded by this reserve; provided further, that the report
shall also include, for each contract scheduled to receive any allocation from
this item in each such department, the total payroll expenditures in each
contract for the categories of personnel scheduled to receive the adjustments;
provided further, that no funds from this item shall be allocated to special
education programs under chapter 71B
of the General Laws, contracts for child care services or programs for which
payment rates are negotiated and paid as class rates as established by the
division of health care finance and policy; provided further, that no funds
shall be allocated from this item to contracts funded exclusively by federal
grants as delineated in section 2D;
provided further, that the total fiscal year 2006 cost of salary adjustments
and any other associated employee costs authorized thereunder shall not exceed
$20,000,000; provided further, that $14,000,000 shall be expended in fiscal
year 2006 to adjust the wages, compensation or salary and associated
employee-related costs to personnel earning less than $25,000 in annual
compensation who are employed by private human service providers that deliver
human and social services under contracts with departments within the executive
office of health and human services and the executive office of elder affairs;
provided further, that $6,000,000 shall be expended in fiscal year 2006 to
adjust the wages, compensation or salary and associated employee-related costs
to personnel earning more than $25,001 and less than $40,000 in annual
compensation who are employed by private human service providers that deliver
human and social services under contracts with departments within the executive
office of health and human services and the executive office of elder affairs;
provided further, that the annualized cost of the adjustments in fiscal year
2007 shall not exceed the amount appropriated herein; and provided further,
that the raises provided through this item shall be in addition to any already
agreed to or collectively bargained for pay increases.......................................................$20,000,000
1599-7092
For a reserve for the county correctional programs;
provided, that notwithstanding any general or special laws to the contrary, the
sheriffs, in conjunction with the county government finance review board, shall
maintain and continue to collaborate with the comptroller's office to collect
and report all revenue collection and all spending on the Massachusetts
Management Accounting and Reporting System; provided further, that the
comptroller shall not transfer the funds from this item to item 8910-0000
unless the plan is in place; provided further, that the county government
finance review board shall, by January 1, 2006, have developed a plan for the
spending of all funds for fiscal year 2006, and developed a sound fiscal
spending plan for fiscal year 2007; provided further, that the board shall
build the spending plans with the direct input of the seven sheriffs still
functioning under the county government system; provided further, that by
January 15, 2006 the board shall report all spending plans to the house and
senate committees on ways and means; provided further, that the information
shall satisfy all fiscal requirements for a maintenance level of funding,
including, but not limited to, collective bargaining increases, legal fees,
debt services, one time costs, energy costs, equipment leases, medical costs,
and workers' compensation issues; provided further, that no other spending
information or requests shall be submitted to the house and senate committees
on ways and means by the individual sheriffs until February 15, 2006; provided
further, that the board shall also provide a projection of all county funds to
be collected for fiscal year 2006 and 2007; provided further, that the board
shall release all funds from fiscal year 2006 quarterly; provided further, that
any sheriff that spends more than the quarterly approved budget shall have the
money allocated for the following quarter reduced by the excess amount
overspent in the previous quarter; and provided further, that it is the intent
of the General Court that funds shall not be spent from this item nor any funds
be transferred from this item to another item until all of the aforementioned
restrictions and conditions have been satisfied.............................$39,319,632
1599-7104
For a reserve for the facilities costs associated with
the college of visual and performing arts at the University of Massachusetts at
Dartmouth; provided, that funds may be expended for Bristol Community College..................$2,565,093
1599-7780
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For a reserve for the costs of rent and relocation for
the eastern district attorney's office; provided further, that no less than
$118,000 shall be expended for the Norfolk district attorney's office......................................$1,358,000
Human Resources Division.
1750-0100
For the operation of the human resources division and the
costs of administration, training, and customer support related to the commonwealth's
human resources and compensation management system; provided, that the
information technology division shall continue a chargeback system for its
bureau of computer services including the operation of the commonwealth's human
resources and compensation management system, which complies with the
requirements of section 2B; provided further, that the division shall be responsible for the
administration of examinations for state and municipal civil service titles,
establishment of eligible lists, certification of eligible candidates to state
and municipal appointing authorities, technical assistance in selection and
appointment to state and municipal appointing authorities; provided further,
that notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to
the contrary, the commissioner of administration shall charge a fee of not less
than $50 to be collected from each applicant for a civil service examination;
provided further, that the division shall administer a program of state
employee unemployment management, including, but not limited to, agency
training and assistance; provided further, that the division shall administer
the statewide classification system, including, but not limited to, maintaining
a classification pay plan for civil service titles within the commonwealth in
accordance with generally accepted compensation standards and reviewing appeals
for reclassification; provided further, that the secretary for administration
and finance shall file with the house and senate committees on ways and means
the amounts of any and all economic benefits necessary to fund any incremental
cost items contained in any collective bargaining agreements with the various
classified public employees' unions; provided further, that the nature and
scope of economic proposals contained in such agreements shall include all
fixed percentage or dollar based salary adjustments, non-base payments or other
forms of compensation and all supplemental fringe benefits resulting in any
incremental costs; and provided further, that any employee of the commonwealth
who chooses to participate in a bone marrow donor program or an organ donor
transplant program shall be granted a leave of absence with pay to undergo the
medical procedure and for associated physical recovery time, but this leave shall
not exceed 5 days............$3,846,396
1750-0102
The human resources division may expend not more than
$1,327,500 from revenues collected from fees charged to applicants for civil
service and non-civil service examinations and fees charged for the costs of
goods and services rendered in administering training programs; provided, that
the division shall collect from participating non-state agencies, political
subdivisions, and the general public fees sufficient to cover all costs of the
programs, including, but not limited to, a fee to be collected from each
applicant for a civil service examination or non-civil examination,
notwithstanding paragraph (n) of
section 5 of chapter 31 of the General Laws or any other general or special
law to the contrary; and provided further, that notwithstanding any general or
special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate therefore as reported in the state accounting system.................................$1,327,500
1750-0111
For the planning and implementation of a civil service
continuous testing program and the operation of the bypass appeals process
program; provided, that the division shall file quarterly reports with the
house and senate committees on ways and means detailing the number of tests
administered and the amount of revenue collected through said program...................$102,437
1750-0119
For payment of workers' compensation benefits to
certain former employees of Middlesex and Worcester counties; provided, that
the division shall routinely recertify said former employees pursuant to
current workers' compensation procedures...........................$233,350
1750-0201
The human resources division may expend not more than
$250,000 from revenues collected for implementation of the medical and physical
fitness standards program established pursuant to sections 61A and 61B of chapter 31 of the General Laws and chapter 32 of the General Laws; provided, that the personnel
administrator shall charge a fee of not less than $50 to be collected from each
applicant who participates in the physical ability test; provided further, that
the human resources division shall submit a semi-annual report to the house and
senate committees on ways and means detailing all expenditures on the program
including, but not limited to, the costs of personnel, consultants,
administration of the wellness program, establishment of standards and any
other related costs of the program; and provided further, that the division
shall report to the house and senate committees on ways and means by February
1, 2006 on the projected costs of the program for fiscal year 2006........................$250,000
1750-0300
For the commonwealth's contributions in fiscal year
2006 to health and welfare funds established pursuant to certain collective
bargaining agreements; provided, that the contributions shall be calculated as
provided in the applicable collective bargaining agreement and shall be paid to
such health and welfare trust funds on a monthly basis or on such other basis
as the applicable collective bargaining agreement provides ..................$21,286,962
Operational Services Division.
1775-0100
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the operational services
division; provided, that the division shall expend funds for the purpose of
achieving savings pursuant to provisions included in this act; provided
further, that notwithstanding any general or special law to the contrary, the
division of purchased services of the operational services division which,
under section 274 of chapter 110 of the acts of 1993, is responsible for
determining prices for programs under chapter 71B of the General Laws, shall set all such prices in
fiscal year 2006 by increasing the final fiscal year 2005 price by the rate of
inflation as determined by the division; provided further, that the division
shall also adjust prices for Extraordinary Relief, as defined in 808 CMR
1.06(4); provided further, that the department shall accept applications for
Program Reconstruction in fiscal year 2006; provided further, that programs for
which prices in fiscal year 2005 were lower than the full amount permitted by
the division of purchased services shall be permitted to charge in fiscal year
2006 the full price calculated for fiscal year 2005 adjusted by the rate of
inflation as determined by the division; provided further, that upon the
request of a program, the operational services division shall authorize a
minimum price for the program to charge out-of-state purchasers; and provided
further, that the division shall determine said minimum price for out-of-state
purchasers by identifying the most recent price calculated for the program and
applying the estimated rates of inflation which are established by December 1
of each year pursuant to section 274
of chapter 110 of the acts of 1993
in a compounded manner for each fiscal year following the most recent
calculated price.......................$2,033,309
1775-0124
The operational services division may expend an amount
not to exceed $300,000 from revenue collected in the recovery of
cost-reimbursement and non-reimbursable over billing and recoupment for health
and human service agencies and as a result of administrative reviews, as
determined during the division's audits and reviews of providers pursuant to
section 274 of chapter 110 of the acts of 1993; provided, that the division
may only retain revenues collected in excess of $207,350..................$300,000
1775-0600
The operational services division may expend not more
than $100,000 in revenues from the sale of state surplus personal property,
including the payment, expenses and liabilities for the acquisition,
warehousing, allocation and distribution of surplus property; provided, that
for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the operational services division may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system, including the costs of personnel ......................$100,000
1775-0700
The operational services division may expend not more
than $53,000 in revenues collected in addition to the amount authorized in item
1775-1000 of section 2B, for
printing, photocopying, related graphic art or design work and other
reprographic goods and services provided to the general public, including all
necessary incidental expenses....................................$53,000
1775-0900
The operational services division may expend not more
than $55,000 in revenues collected pursuant to chapter 449 of the acts of 1984 and section 4L of chapter 7 of the General Laws, including the costs of personnel, from the sale
of federal surplus property, including the payment, expenses and liabilities
for the acquisition, warehousing, allocation and distribution of federal
surplus property; provided, that for the purpose of accommodating discrepancies
between the receipt of retained revenues and related expenditures, the
operational services division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system........................$55,000
1775-1100
The operational services division may expend not more
than $500,000 in revenues collected from the disposal of surplus motor
vehicles, including, but not limited to, state police vehicles from vehicle
accident and damage claims and from manufacturer warranties, rebates and
settlements, for the purchase of motor vehicles; provided, that the division shall
evaluate the use of technology, the internet,?
and online auctions to enhance the sales of surplus vehicles and submit
a report of its findings to the house and senate committees on ways and means,
and the house and senate committees on post audit and oversight on or before
October 1, 2005;? and provided further,
that for the purpose of accommodating discrepancies between the receipt of
retained revenues and related expenditures, the operational services division
may incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate as
reported in the state accounting system, including the costs of personnel..............$500,000
Information Technology Division.
1790-0100
For the operation of the information technology
division; provided, that the division shall continue a chargeback system for
its bureau of computer services including the operation of the commonwealth's
human resources and compensation management system, which complies with the
requirements of section 2B;
provided further, that the division shall develop a formula to determine the
cost that will be charged to each agency for its use of the human resources and
compensation management system; provided further, that the division may
coordinate with any state agency or state authority which administers a grant
program to develop a statewide grant information page on the commonwealth's
official worldwide web site, that shall include all necessary application forms
and a grant program reference in a format that is retrievable and printable;
provided further, that the division shall continue conducting audits and
surveys to identify and realize savings in the acquisition and maintenance of
communications lines; provided further, that the commissioner shall file an
annual status report with the house and senate committees on ways and means by
May 16, 2006 with actual and projected savings and expenditures for the audits
in the fiscal year ending June 30, 2006; provided further, that the state
comptroller shall establish accounts and procedures as he deems appropriate and
necessary to assist in accomplishing the purposes of this item; provided
further, that any planned information technology development project or
purchase by any agency under the authority of the governor for which the total
projected cost exceeds $200,000 including the cost of any related hardware,
software, or consulting fees, and regardless of fiscal year or source of funds,
shall be reviewed and approved by the chief information officer before such
agency may obligate funds for such project or purchase; and provided further,
that the chief information officer may establish such rules and procedures as
he deems necessary to implement this item...............$4,994,753
1790-0300
The information technology division may expend not
more than? $467,837 from revenues
collected from the provision of computer resources and services to the general
public for the costs of the bureau of computer services, including the
purchase, lease or rental of telecommunications lines, services and equipment...........................$467,837
Executive Office of Environmental Affairs Office of the Secretary
2000-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the office of the secretary, including the water
resources commission, the hazardous waste facility site safety council, the
coastal zone management program, environmental impact reviews conducted
pursuant to chapter 30 of the
General Laws, the mosquito-borne disease vector control chapter program, and a
central data processing center for the secretariat; provided, that the
secretary of environmental affairs may enter into interagency agreements with
any line agency within the secretariat, whereby the line agency may render data
processing services to said secretary; provided further, that the comptroller
may allocate the costs for such data processing services to the several state
and other funds to which items of appropriation of such agencies are charged;
provided further, that said secretary shall file a plan with the house and
senate committees on ways and means 20 days before entering into any
interdepartmental service agreements with any of the departments or divisions
under said secretariat or any department, division or office under the
executive office of administration and finance; provided further, that the
secretary shall file a plan with the house and senate committees on ways and
means and to the joint committee on the environment, natural resources and
agriculture 90 days prior to the initiation of any proposal or plan that would
consolidate any function with any of the departments or divisions under said
secretariat or any department, division or office under the executive office of
administration and finance; provided further, that the plan shall include, but
not be limited to the following: (1)
an identification of the employees that would be affected by consolidation and
the item of appropriation that they are paid from, (2) the savings or
efficiencies to be realized, (3) the improvements to the services expected, and
(4) the source and amount of funding necessary to accomplish the consolidation;
and provided further, that the secretary shall provide a 90 day notice prior to
the implementation of any memorandum of understanding, interagency service
agreements, or other contacts, or agreements that would enable such
consolidation of services to take place; provided further, that $75,000 shall
be expended for a study of traffic patterns during rush hour commutes on
department of conservation and recreation controlled roadways serving Lynn,
Swampscott and Nahant; provided further, that not less than $40,000 shall be
expended for the completion of a comprehensive cost study of a master plan for
the maintenance and improvement of all property under the care, custody and
control of the division in the West Roxbury section of the city of Boston
including such measures but not limited to the planting, pruning,
reforestation, enhancement of pedestrian access walks and the removal of
leaves, snow and debris in said property; provided further, that not less than
$50,000 shall be transferred to the Boston Harbor Islands Alliance for costs
associated with the new visitor contact station known as the Harbor Park
Pavilion on Parcel 14 of the Rose Kennedy Greenway; provided further, that
funds may be expended for volunteer water monitoring grants; provided further,
that not less than $50,000 shall be expended for new flood insurance rate maps
for Salisbury beach; and provided further, that $150,000 shall be expended for
a coastal water quality and natural resource monitoring program in Buzzards Bay
administered by the Coalition for Buzzards Bay.................$6,309,486
2000-9900
For the office of geographic and environmental
information established in section 4B
of chapter 21A of the General Laws.................$280,944
2001-1001
The secretary of environmental affairs may expend an
amount not to exceed $125,000 accrued from fees charged to authorities and
units of government within the commonwealth, other than state agencies, for the
distribution of digital cartographic and other data, and the review of
environmental notification forms pursuant to sections 61 to 62H, inclusive, of
chapter 30 of the General Laws, for
the purposes of providing those services.............................$125,000
2010-0100
For recycling and related purposes consistent with the
recycling plan of the solid waste master plan which includes municipal
equipment, a municipal recycling incentive program, recycled product
procurement, guaranteed annual tonnage assistance, recycling transfer stations,
source reduction and technical assistance, consumer education and participation
campaign, municipal household hazardous waste program, the recycling loan
program, research and development, recycling market development and recycling business
development, and the operation of the Springfield materials recycling facility;
provided further, that funds may be expended for a recycling industry
reimbursement program pursuant to section 24I of chapter 43 of the
acts of 1997; and provided further, that funds may be expended on municipal
recycling incentives and equipment grants.........................$2,340,647
2010-0200
For redemption centers; provided, that the department
of environmental protection shall expend the funds appropriated in this item
for a program to preserve the continuing ability of redemption centers to
maintain operations in pursuit of the commonwealth's recycling goals consistent
with section 323 of chapter 94 of the General Laws; provided further, that for the
purposes of this item and said chapter 94, a redemption center shall be any business registered with the
commonwealth whose primary purpose is the redemption of reusable beverage
containers; provided further, that such program shall take into consideration
the volume of redeemables per redemption center, the length of time such center
has been in operation, the number of returnables redeemed quarterly by such
centers, the submission by such centers of documentation of their redeemed
returnables to the department and the costs of transportation, packing, storage
and labor; and provided further, that the redemption centers shall be eligible
for such funds if they were registered with the commonwealth as of April 1,
2003.........$1,375,000
2020-0100
For toxics use reduction technical assistance and
technology in accordance with chapter 21I
of the General Laws.................$1,304,700
2030-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the office of environmental law
enforcement; provided, that officers shall provide monitoring pursuant to the
National Shellfish Sanitation Program; provided further, that the department
shall maintain and operate the boat registration and titling offices in Hyannis
and Fall River; and provided further, that funds from this item shall not be
expended for the purposes of item 2030-1004; and provided further, that
$100,000 shall be expended for the cost of patrols performed by environmental
law enforcement officers within properties controlled by the division of state
parks and recreation...................$10,013,746
2030-1004
For environmental police private details; provided,
that the office may expend revenues of up to $250,000 collected from the fees
charged for private details; provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate therefor as reported in the state accounting system.................$250,000
Department of Environmental Protection.
2200-0100
For the operation of the department of environmental
protection, including the environmental strike force, the office of
environmental results and strategic planning, the bureau of resource
protection, the Senator William X. Wall experimental station, and a contract
with the University of Massachusetts for environmental research,
notwithstanding the provisions of section 323F of chapter 94 of the
General Laws; provided, that the provisions of section 3B of chapter 7 of the General Laws shall not apply to fees established pursuant to
section 18 of chapter 21A of the General Laws; provided further, that that
$168,000 shall be expended for sediment control in Lake Webster; provided
further, that $25,000 shall be expended to investigate the contamination of the
Barnes Aquifer, located in the towns of Southampton and Easthampton and the
cities of Holyoke and Westfield, provided further, that the department shall
provide an overview of the extent of contamination and estimated cost to
provide potable water to all affected residents to the house and senate
committees on ways and means no later than March 1, 2006; provided further,
that not less than $100,000 shall be expended by the department of
environmental protection to complete the collaborative effort among the
executive office of environmental affairs, the department of conservation and
recreation, the department of highways and the Massachusetts Historic
Commission to complete and publish the final document "Historic Parkways
Preservation Treatment Guidelines; and provided further, that enactment of the
appropriations made available by this act to the department shall be deemed a
determination, pursuant to subsection (m)
of section 19 of chapter 21A of the General Laws..................$30,159,434
2200-0102
The department of environmental protection may expend
an amount not to exceed $1,200,000 from revenues collected from fees collected
from wetland permits; provided, that notwithstanding any general or special law
to the contrary, for the purpose of accommodating timing discrepancies between
the receipt of revenues and related expenditures, the department may incur
expenses and the comptroller may certify for payment the amounts not to exceed
the lower of this authorization or the most recent revenue estimate as reported
in the state accounting system; provided further, that the department shall
submit a report by January 11, 2006 on implementation of the wetlands fee, the
amount of the fee increase and the revenue that has been collected; and
provided further, that the wetlands fees that were directed into the General
Fund shall not be lower than the amount deposited at the end of fiscal year
2004....................$1,200,000
2210-0100
For the implementation and administration of chapter 21I of the General Laws; provided, that the department
shall submit a report to the house and senate committees on ways and means not
later than February 1, 2006 detailing the status of the department's progress
in meeting the statutory and regulatory deadlines associated with chapter 21I and detailing the number of full-time equivalent
positions assigned to various implementation requirements of chapter 21I.....................$918,782
2220-2220
For the administration and implementation of the
federal Clean Air Act, including the operating permit program, the emissions
banking program, the auto-related state implementation program, the low
emission vehicle program, the non-auto-related state implementation program,
and the commonwealth's commitments under the New England Governor's/Eastern
Canadian Premier's Action Plans for reducing acid rain deposition and mercury
emissions...............$1,001,064
2220-2221
For the administration and implementation of the
operating permit and compliance program required under the federal Clean Air Act.................$1,882,993
2250-2000
For the purposes of state implementation of the
federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws..............$1,520,085
2260-8870
For the expenses of the hazardous waste cleanup and
underground storage tank programs, notwithstanding section 323F of chapter 94 of the General Laws and section 4 of chapter 21J of the
General Laws.............$14,311,075
2260-8872
For the brownfields site audit program..............................................$1,749,676
2260-8881
For the operations of the board of registration of
hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws.............................$341,656
Department of Fish and Game
2300-0100
For the office of the commissioner; provided, that the
commissioner's office shall assess and receive payments from the division of
marine fisheries, the division of fisheries and wildlife, the public access
board, the riverways programs, and all other programs under the control of the
department of fish and game; provided further, that the purpose of those
assessments shall be to cover appropriate administrative costs of the
department, including but not limited to payroll, personnel, legal and
budgetary costs; and provided further, that the amount and contribution from
each division or program shall be determined by the commissioner of fish and
game............................$450,001
2300-0101
For a program of riverways protection, restoration and
promotion of public access to rivers, including grants to public and nonpublic
entities; provided, that the positions funded in this item shall not be subject
to chapter 31 of the General Laws.................................$450,829
2310-0200
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the administration of the division of fisheries
and wildlife, including expenses of the fisheries and wildlife board, the
administration of game farms and wildlife restoration projects, for wildlife
research and management, the administration of fish hatcheries, the improvement
and management of lakes, ponds and rivers, for fish and wildlife restoration
projects, the commonwealth's share of certain cooperative fishery and wildlife
programs, and for certain programs reimbursable under the federal Aid to Fish
and Wildlife Restoration Act; provided, that funds from this item shall be made
available to the University of Massachusetts at Amherst for the purposes of
wildlife and fisheries research in an amount not to exceed the amount received
in fiscal year 2005 for such research; provided further, that $200,000 shall be
expended to continue to operate fish hatcheries in the towns of Montague and
Sandwich; provided further, that the department shall expend the amount
necessary to restore anadromous fish in the Connecticut and Merrimack river
systems; provided further, that expenditures for such programs shall be
contingent upon prior approval of the proper federal authorities for
reimbursement of at least 75 per cent of the amount so expended; and provided
further, that the department of fish and game, the division of fisheries and
wildlife and the fisheries and wildlife board shall submit a joint report to
the house and senate committees on way and means by September 1, 2005 detailing
a 5-year plan for the expenditures of the surplus of funds in the Inland Fish
and Game Fund; provided further, that funds may be expended to supplement the
natural heritage and endangered species program; provided further, that $50,000
in matching funds shall be provided to the National Marine Life Center for
wetland restoration; provided further, that the executive office shall conduct
a study on the severity of invasive weeds in the commonwealth's bodies of
natural water; provided further, that said study shall include, but not be
limited to the costs associated with full clean-up and eradication, a priority
list of projects, an analysis of future environmental concerns stemming from
invasive weeds, and plans for communities to prevent future growth of invasive
weeds; provided further, that the executive office shall also conduct a study
of the advantages and disadvantages of future maintenance of invasive weeds in
the state; and provided further, that the executive office shall report to the
general court the results and recommendations, if any, together with drafts of
legislation necessary to carry out recommendations into effect by filing the
same with the clerk of the house of representatives, the house and senate
committees on ways and means, and the joint committee on environment, natural
resources and agriculture on or before the last Wednesday of February 2006...................$8,700,000
Inland Fisheries and Game Fund.............................................................100.0%
2310-0306
For the hunter safety training program ..............................................................$444,327
Inland Fisheries and Game Fund ............................................................100.0%
2310-0316
For the purpose of land containing wildlife habitat
and for the costs of the division of fisheries and wildlife directly related to
the administration of the wildlands stamp program pursuant to sections 2A and
2C of chapter 131 of the General
Laws; provided, that funds shall not be expended from this item in the AA
object class for the compensation of state employees assigned to any item .......................................$2,000,000
Inland Fisheries and Game Fund.......................................................100.0%
2310-0317
For the waterfowl management program pursuant to
section 11 of chapter 131 of the General Laws.................$85,000
Inland Fisheries and Game Fund..........................................................100.0%
2320-0100
For the administration of the public access board,
including the maintenance, operation, and improvements of public access land
and water areas as authorized by section 17A of chapter 21 of the
General Laws; provided, that positions funded in this item shall not be subject
to chapter 31 of the General Laws..........................$598,758
2330-0100
For the operation of the division of marine fisheries,
including expenses of the Annisquam river marine research laboratory, marine
research programs, a commercial fisheries program, a shellfish management
program, including coastal area classification, mapping and technical
assistance, and for the operation of the Newburyport shellfish purification
plant and shellfish classification program; provided, that $300,000 shall be
expended on a recreational fisheries program to be reimbursed by federal funds;
provided further, that not less than $333,000 shall be expended for the
operation of the Newburyport shellfish purification plant and that plant shall
generate not less than $115,000 from purification fees; provided further, that
not less than $90,000 shall be expended for the joint operation of a shellfish
propagation program on Cape Cod between the division and the Barnstable County
Department of Health and Environment; provided further, that $50,000 shall be
expended for the Family Fishing Assistance Center in the city of New Bedford;
provided further, that $50,000 shall be expended for the Family Fishing
Assistance Center in the city of Gloucester; provided further, that the sum
expended for the School for Marine Science and Technology to help mitigate the
negative economic impact to the Massachusetts ports which has resulted from the
change in federal fisheries regulations in fiscal year 2006 shall not be
reduced from fiscal year 2005 except in proportion to adjustments consistent
with the department's budget adjustment; and provided further, that funds shall
be expended for the School for Marine Science and Technology for research to
minimize the economic impact of new fisheries management regulations and shall
not be reduced from fiscal year 2005 except in proportion to adjustments
consistent with the department's budget adjustment .................$4,010,725
2330-0120
For the division of marine fisheries for a program of
enhancement and development of marine recreational fishing and related programs
and activities, including the cost of equipment maintenance, staff and the
maintenance and updating of data...................$533,286
2330-0121
For the division of marine fisheries to utilize
reimbursable federal sportfish restoration funds to further develop marine
recreational fishing and related programs, including the costs of activities
that increase public access for marine recreational fishing, support research
on artificial reefs, and otherwise provide for the development of marine
recreational fishing; provided, that the division of marine fisheries may
expend revenues up to $217,989 collected from federal sportfish restoration
funds and from the sale of materials which promote marine recreational fishing...........$217,989
Department of Agricultural Resources
2511-0100
For the operation of the department of agricultural
resources, including the office of the commissioner, the expenses of the board
of agriculture, the division of dairy services, and the division of regulatory
services and animal health, including a program of laboratory services at the
University of Massachusetts at Amherst, the expenses of the pesticides board,
and the division of agricultural development and fairs; provided further, that
not less than $45,000 shall be expended for shellfish propagation on the
islands of Martha's Vineyard and Nantucket to be administered by the state
aquaculture coordinator and Dukes and Nantucket counties; provided further,
that $100,000 shall be expended for 4H activities from this item; provided
further, that funds may be expended for the Southeastern Massachusetts
Agricultural Partnership; provided further, that funds may be expended for
agricultural fair prizes and rehabilitation, including the expenses of the
agricultural lands board; provided further, that the department shall, to the
extent possible, encourage corporate sponsorships for the purposes of providing
agricultural fair prizes; and provided further, that funds may be expended for
implementation of the agricultural marketing strategic plan, including, but not
limited to, a "Buy Local" campaign and funding for agricultural business
training and technical assistance .................$3,877,692
2511-0105
For the purchase of supplemental foods for the
emergency food assistance program within the second harvest
nationally-certified food bank system of Massachusetts; provided, that the
funds appropriated herein shall be expended for food to be distributed by the
greater Boston food bank as follows: 73.5
per cent to the greater Boston food bank, including a portion to be distributed
to the Merrimack Valley food bank under a contractual agreement between the
food bank and the greater Boston food bank, 15.2 per cent to the food bank of
western Massachusetts, and 11.3 per cent to the Worcester county food? bank; and provided further, that the
department is authorized to assess an administrative charge not to exceed 2 per cent of the total appropriation herein......$6,500,000
2511-3002
For the Integrated Pest Management program..........................$200,000
Department of Conservation and Recreation.
2800-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the operation of the department of conservation
and recreation; provided, that said department shall enter into an interagency
service agreement with the department of state police to provide police
coverage on department of conservation and recreation properties and parkways;
provided further, that not less than $100,000 shall be expended within thirty
days of receipt of said funds, for the maintenance of the facility and animal
upkeep of the mounted unit in the Blue Hills Reservation, which are not subject
to said reimbursement to the department; provided further, that the department
of state police shall reimburse said department of conservation and recreation
for costs incurred by said department including, but not limited to vehicle
maintenance and repairs, the operation of department of state police buildings
and other related costs; provided further, that notwithstanding the provisions
of any general or special law to the contrary, all offices and positions of the
division performing construction activities for the department of conservation
and recreation shall be subject to classification under sections 45 to 50,
inclusive, of chapter 30 of the
General Laws; provided further, that notwithstanding the provisions of section 3B of chapter 7 of the General Laws, the department is hereby authorized and directed
to establish or renegotiate fees, licenses, permits, rents and leases, and to
adjust or develop other revenue sources to fund the maintenance, operation, and
administration of said department; provided further, that an annual report
shall be submitted to the house and senate committees on ways and means
regarding fee adjustments not later than February 14, 2006; provided further,
that notwithstanding the provisions of any general or special law or
administrative bulletin to the contrary, the department shall not pay any fees
charged for the leasing or maintenance of vehicles to the operational services
division; provided further, that the department shall, in collaboration with
the department of environmental protection and the department of fish and game,
establish and maintain a comprehensive inventory of all dams in Massachusetts,
and develop a coordinated permitting and regulatory approach to dam removal for
stream restoration and public safety; provided further, that no funds shall be
expended from this item for personnel overtime costs; provided further, that
any employee paid from this item as of August 1, 2004, that was included in the
report required from said item in chapter 149 of the acts of 2004, and any employees assigned to that item after
August 1, 2004, shall not be paid from any other item of appropriation;
provided further, that the department of conservation and recreation shall
provide the house and senate committees on ways and means with a 30 day notice
before any inter subsidiary transfers or interagency service agreements and the
reason for said transfer; provided further, that no funds shall be expended for
deputy commissioner positions; provided further, that no funds shall be
expended for deputy associate commissioners; provided further, that the
department shall maintain and retain all operations, programs, real property
and employees related to the Connecticut River Action Program to promote the
conservation and protection of the unique natural resources present in the
Connecticut river valley; provided further, that the department of conservation
and recreation shall file a report with the house and senate committees on ways
and means not later than October 6, 2005 detailing the merger of the former
metropolitan district commission with the former department of environmental
management into the department of conservation and recreation; provided
further, that said report shall include, but not be limited to, the following: (1) the names, salaries, designated by fiscal year,
and the positions of all full time equivalent, personnel that were scheduled to
be paid out of item 2800-0100 as of September 1, 2003, March 1, 2004, August 1,
2004, March 1, 2005 and August 1, 2005, (2) the job descriptions, employee
name, current job title, and the item of appropriation said employees were
assigned to in fiscal years 2002 and 2003 and the item of appropriation that
they are currently funded from, (3) a list by object class and object code of
all expenditures or allocations from items of appropriations under the
executive office of environmental affairs in fiscal years 2004 and 2005 on the
commonwealth development coordinating council, (4) a list of all deputy
commissioners and deputy associate commissioners, their annual salaries and
their duties, (5) the number of full time equivalent positions, that have been
eliminated due to said merger, including the name, position, annual salary and
documentation that said employee is no longer employed by the department
because their position had been eliminated by the merger, (6) any efficiencies
that have been achieved from said merger, including a list of internal support
services such as finance, human resources, planning, engineering, and
management, (7) a list of the staff that were reassigned or terminated because
of the merger, (8) details of how the management staff have been reassigned and
how they have adopted to said merger, (9) a list of all duplicative efforts and
inefficient systems that have been eliminated, (10) a list of any resources
that have been shared such as vehicles, heavy equipment, and computer systems,
(11) a list of any other efficiencies that have been achieved because of the
merger; provided further, that said secretary shall file a report on the number
of employees funded through capital authorizations with the house and senate
committees on ways and means not later than October 6, 2005, that shall
include, but not be limited to, the following: (1) the number of full time
equivalent positions delineated by fiscal year, item of appropriation and
position number, job title and job code for that have been funded from capital
authorizations for fiscal years 2001 to 2006 inclusive, for every item of
appropriation under control of said secretary, (2) every program that has been
funded from capital authorizations for fiscal years 2001 to 2006 inclusive
delineated by fiscal year, program and item of appropriation and, (3) detail
every full time equivalent, so-called and program that has been moved to
capital authorizations since fiscal year 2001; and provided further, that
notwithstanding any general or special law to the contrary, the department shall
enter into a maintenance contract with a suitable vendor for the purposes of
daily trash removal on Revere Beach from May 30, 2005, to September 5, 2005,
inclusive, and said maintenance contract shall be funded through proceeds
received by the city of Revere and the department of conservation and
recreation pursuant to section 29
of chapter 236 of the acts of 2002
and section 2 of this act....................$5,477,272
2800-0101
For the watershed management program to operate and
maintain reservoirs, watershed lands and related infrastructure of the
department and the office of water resources in the department of conservation
and recreation; provided, that $500,000 shall be paid to the town of Clinton,
under section 8 of chapter 307 of the acts of 1987, to compensate for the use of
certain land; provided further, that the amount of the payment shall be charged
to the General Fund and shall not be included in the amount of the annual
determination of fiscal year charges to the Massachusetts Water Resources
Authority assessed to the authority under section 113 of chapter 92 of the General Laws; provided further, that $25,000 shall be
expended for non-native plant management on Field Pond in Harold Parker State
Forest in the town of Andover; provided further, that $48,000 shall be expended
for the flood control activities undertaken by the Thames River Valley
communities of Massachusetts in conjunction with the state of Connecticut;
provided further, that $40,000 shall be expended for aquatic weed control
treatments in the Upper Mystic Lake; provided further, that not less than
$250,000 shall be expended for a comprehensive study, including a management
plan, for the entire Taunton River watershed, in accordance with the executive
office of environmental affairs "Proposal for Watershed Work Affecting
Water Quality-Wastewater Quality-Wastewater Discharges and Stormwater
Discharges", dated February 11, 2003, to be conducted, in partnership, by
the Old Colony Planning Council, the Southeastern Regional Planning & Economic Development District and the Watershed Access Lab at Bridgewater State
College; provided further, that not less than $100,000 shall be expended for a
grant to the town of Hopkinton for a detailed investigation of North Pond
Dam/Lake Maspenock Dam located in the towns of Hopkinton, Milford, and Upton to
determine the extent of seismic testing necessary at said facility and to
perform such seismic testing for liquefaction or other seismotectonic testing
as may be recommended by said investigation; and provided further, that the
department shall develop and implement a written plan to protect and manage the
Plymouth-Carver sole source aquifer in consultation with Plymouth, Carver,
Wareham, Plympton, Bourne, Middleborough and Kingston...............................$1,808,615
2800-0200
For the operation of the Commonwealth Zoological
Corporation pursuant to chapter 92B
of the General Laws; provided, that $50,000 shall be expended for the
Buttonwood Park Zoo; provided further, that $50,000 shall be expended for the
Forest Park Zoo; provided further, that funds appropriated in this item shall
be expended for the purposes of promoting private fundraising, achieving
self-sufficiency and serving as a catalyst for urban economic development and
job opportunities for local residents; provided further, that the corporation
shall take all steps necessary to increase the amount of private funding
available for the operation of the zoos; provided further, that the corporation
shall report to the house and senate committees on ways and means not later
than February 1, 2006 on the status of, and amounts collected from, the private
fundraising and enhanced revenue efforts identified in the draft Massachusetts
Zoos Business and Operations Plan, dated December, 1996; and provided further,
that the corporation shall continue to provide free services and supplies
including, but not limited to, routine animal check-ups, diagnosis and care,
emergency veterinary needs, medications and medical supplies, vitamins and diet
supplements and Zoo Prem feline diet, to the Trailside Museum and the
Chickatawbut Hill Center in the town of Milton..............................$6,050,000
2800-0401
For a program to provide stormwater management for all
properties and roadways under the care, custody and control of the department
of conservation and recreation; provided, that the department shall develop and
implement a stormwater management program in compliance with federal and state
stormwater management requirements; provided further, that the department shall
inventory all existing stormwater infrastructure, assess its current stormwater
practices, analyze long term capital and operational needs, and develop a
stormwater management plan to comply with federal and state regulatory
requirements; and provided further, that in order to protect public safety and
to protect water resources for water supply, recreational and ecosystem uses,
the department will immediately implement interim stormwater management
practices including but not limited to street sweeping, inspection and cleaning
of catch basins, and emergency repairs to roadway drainage........................................$500,000
2800-0500
For the freshwater and saltwater beaches under the
control of the department of conservation and recreation; provided, that all
beaches shall remain open and staffed from Memorial Day through Labor Day;? provided further, that the beaches shall have
their full amount of required maintenance and upkeep; provided further, that
the department shall file a report with the house and senate committees on ways
and means not later than November 1, 2005 that shall include, but not be
limited to, the following: (1) the
amount of funding provided to every beach under the control of the department
in fiscal years 2004 and 2005; (2) a breakdown of how the funds were spent for
every beach and the services that were provided; (3) the items of appropriation
used to provide funding; (4) the amount of funding to be provided for every
beach in fiscal year 2006 from this item; and (5) a list of the services or
materials for each beach that will be provided from this item; provided
further, that not less than $35,000 shall be expended for the cleanup of Pilayella
algae on the Nahant Beach Reservation; and provided further, that not less than
$250,000 shall be appropriated to the Middlesex Canal Commission.............$1,035,000
2800-0600
For the pools and spray pools under the control of the
department of conservation and recreation; provided, that all pools and spray
pools shall remain open and staffed from Memorial Day through Labor Day;? provided further, that the pools and spray
pools shall have their full amount of required maintenance and upkeep; and
provided further, that the department shall file a report with the house and
senate committees on ways and means not later than November 1, 2005 that shall
include, but not be limited to, the following: (1) the amount of funding provided to every pool under
the control of the department in fiscal years 2004 and 2005; (2) a breakdown of
how the funds were spent for every pool and the services that were provided;
(3) the items of appropriation used to provide funding; (4) the amount of
funding to be provided for every pool in fiscal year 2006 from this item; and
(5) a list of the services or materials for each pool that will be provided
from this item..................................................$750,000
2800-9004
For certain payments for the maintenance and use of
the Trailside Museum and the Chickatawbut Hill center...........$375,000
2810-0100
For the operations of the division of state parks and
recreation; provided, that funds appropriated in this item shall be used to
operate all of the division's parks, heritage state parks, reservations,
campgrounds, beaches and pools and for the oversight of rinks, to protect and
manage the division's lands and natural resources including the forest and
parks conservation services and the bureau of forestry development; provided
further, that no funds from this item shall be made available for payment to
true seasonal employees; provided further, that the department may issue grants
to public and nonpublic entities from this item;? provided further, that $100,000 shall be
expended for the Schooner Ernestina Commission; provided further, that $25,000
shall be expended for a grant to the Sutton Fire and Rescue department for park
user safety equipment at the Purgatory Chasm State Reservation in the town of
Sutton; and provided further, that the level of funding for the beaches and pools
from this item in fiscal year 2006 shall not be reduced from fiscal year 2005......................$19,103,810
2810-0200
For summer employment programs at department of
conservation and recreation facilities; provided, that the programs shall
include peer-led youth recreation and interpretive programs, a youth all-star
band, and a park repair and improvement program by skilled and unskilled
laborers; and provided further, that the programs shall provide opportunities
for underprivileged populations, especially in economic development areas....................$2,000,000
2810-2000
For the seasonal hires of the division of state parks
and recreation, including hires for the forest fire control unit; provided,
that no funds from this item shall be expended for year-round seasonal
employees; provided further, that seasonal employees who are hired prior to the
second Sunday before Memorial Day and whose employment continues beyond the
Saturday following Labor Day and who received health insurance benefits in
fiscal year 2005 shall continue to receive such benefits in fiscal year 2006
during the period of their seasonal employment; provided further, that no
expenditures shall be made from the amount appropriated other than for those
purposes identified in this item; provided further, that notwithstanding
section 1 of chapter 31 of the General Laws, seasonal positions funded by
this item are positions requiring the services of an incumbent, on either a
full-time or less than full-time basis beginning not earlier than April 1 and
ending not later than November 30, or beginning not earlier than September 1
and ending not later than April 30; and provided further, that notwithstanding
said section 1 of said chapter 31, seasonal positions funded by this item shall not
be filled by an incumbent for more than 8 months within a 12-month period.........................$5,567,735
2810-2040
The division of state parks and recreation may expend
not more than $4,454,826? from revenue
collected from fees charged by the division, including revenues collected from
campsite reservation transactions from the automated campground reservation and
registration program for additional expenses, upkeep and improvements to the
parks and recreation system and for the personnel costs of seasonal employees;
provided, that no funds from this item shall be expended for the costs of
full-time equivalent personnel; provided further, that for the purpose of
accommodating timing discrepancies between the receipt of retained revenues and
related expenditures, the division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate therefor as reported in the state accounting
system; provided further, that no expenditures made in advance of the receipts
shall be permitted to exceed 75 per cent of the amount of revenues projected by
the first quarterly statement required by section 1B; provided further, that the comptroller shall
notify house and senate committees on ways and means at the time subsequent
quarterly statements are published of the variance between actual and projected
receipts in each such quarter and the implications of that variance for
expenditures made; and provided further, that the division may issue grants to
public and nonpublic entities from this item...................................$4,454,826
2820-0100
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the administration, operation and maintenance of
the division of urban parks and recreation, including for the maintenance,
operation and related costs of the parkways, boulevards, roadways, bridges and
related appurtenances under the care, custody and control of the division,
flood control activities of the division, purchase of all necessary supplies
and related equipment, and the civilianization of crossing guards located at
division intersections where state police previously performed such duties;
provided, that the parkways, boulevards, roadways, bridges and related
appurtenances under the care and custody of the metropolitan district
commission in fiscal year 2003 shall remain solely under the jurisdiction,
custody and care of the division of urban parks and recreation; provided
further, that no funds from this item shall be made available for payment to
true seasonal employees; provided further, that not less than $3,902 shall be
expended on additional school crossing guards for the corner of Mystic avenue
and Shore drive in the city of Somerville; provided further, that the school
crossing guards for the corner of Mystic avenue and Shore drive in the city of
Somerville shall be named the Senator Charles E.? Shannon Crossing Guard Corps; provided
further, that not less than $380,000 shall be expended for the purposes of
installing lighting at the Stadium at Dilboy field along state highway route 16
in the city of Somerville, pursuant to the construction and renovation project
authorized by chapter 352 of the
acts of 2004;? provided further, that
$45,000 shall be expended on the maintenance of Red Rock park on Lynn Shore
drive, in the city of Lynn; provided further, that $60,000 shall be expended
for funding of current employees of the bureau of forest fire control under
their new reclassification firefighter services; provided further, that
$225,000 shall be expended for maintenance and infrastructure repair of the
southwest corridor park; provided further, that $50,000 shall be expended for
flood mitigation at Fellsmere pond; provided further, that not less than
$50,000 shall be expended for the purposes of trash removal on Revere beach
between May 30th and September 5th, which shall match proceeds generated
pursuant to section 29 of chapter 236 of the acts of 2002; provided further, that
$297,000 shall be expended for the James Michael Curley Recreation Center in
the city of Boston;; provided further, that $40,000 shall be provided for a
traffic study administered by the commissioner of the department of
conservation and recreation shall be commissioned to improve public safety
along Nonantum road and adjacent parklands, including developing alternatives
for narrowing the parkway cross-section, alternatives for safety improvements
at the intersections of Charlesbank road and Maple street, alternatives for
landscape, pathway, lighting, and drainage improvements, and a schedule and
cost estimate for the design and construction of the recommendation; provided
further, that the commissioner shall report progress to the Stewardship Council
at each meeting until the study reaches completion; provided further, that the
commissioner shall ensure public input through two public hearings held in
Newton and Watertown during the study - one prior to the initial
recommendation, one after release of the initial recommendation but prior to
the final recommendation; provided further, that the commissioner shall ensure
public awareness by publishing quarterly progress reports on the department of
conservation and recreation website's press release section; and provided
further, that upon completion of the study, the commissioner shall deliver the
recommendation of the study along with a report addressing public opinion not
reflected in the recommendation to the Stewardship Council provided further,
that the commissioner shall develop a capital project plan to enact the
recommendation of the traffic study, including design and implementation; provided further, that $95,000 shall be allocated for a private contractor to
maintain the department of conservation and recreation Lynn Shore Drive
facility; provided further, that the commissioner shall submit this plan for
the next fiscal year budget following the completion of the traffic study;
provided further, that $250,000 shall be expended for the creation and
maintenance of a linked trail system for local and state parks along the Back
River in the towns of Weymouth and Hingham to complete the project created in
chapter 149 of the acts of 2004;
provided further, that not less than $250,000 shall be expended for Camp Meigs
located in the Readville section of the city of Boston; provided further, that
not less than $250,000 shall be expended for a study on the Neponset river
master plan; provided further, that the level of funding for the beaches and
pools from this item in fiscal year 2006 shall not be reduced from fiscal year
2005......................$23,608,929
2820-0101
For the costs associated with the department's urban
park rangers specific to the security of the state house; provided, that the
commissioner shall collaborate and coordinate with the legislature's joint
committee on rules on the development of a plan of security for the state house
and shall file the report to the house and senate committees on ways and means
not later than December 15, 2005; and provided further, that funds appropriated
in this item shall only be expended for the costs of security and urban park
rangers at the state house....................$1,750,000
2820-0200
For seasonal hires of the division of urban parks and
recreation; provided, that no funds in this item shall be used for year-round
seasonals; provided further, that notwithstanding section 1 of chapter 31
of the General Laws, seasonal positions funded by this item are positions
requiring the services of an incumbent, on either a full-time or less than
full-time basis beginning not earlier than April 1 and ending not later than
November 30, or beginning not earlier than September 1 and ending not later
than April 30; and provided further, that notwithstanding said section 1 of said?
chapter 31, seasonal
positions funded by this item shall not be filled by an incumbent for more than
8 months within a 12-month period..................$2,991,820
2820-1000
The division of urban parks and recreation may expend
not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws........................$200,000
2820-1001
The division of urban parks and recreation may expend
not more than $50,000 from revenue collected for the operation and maintenance
of the division's telecommunications system from revenues received from the
Massachusetts Water Resources Authority, the Massachusetts Convention Center Authority,
the department of highways central artery/Ted Williams tunnel project, the
department of state police and quasi-public and private entities through a
system of user fees and other charges established by the commissioner of
conservation and recreation; provided, that nothing in this item shall impair
or diminish the rights of access and utilization of all current users of the
system under agreements previously entered into; and provided further, that
this item may be reimbursed by political subdivisions of the commonwealth and
private entities for direct and indirect costs expended by the division to
maintain the telecommunications system.....................$50,000
2820-2000
For the expenses of maintaining the parkways within
the division of urban parks and recreation, including the costs of personnel
and snow and ice removal expenses; provided, that the department of
conservation and recreation shall take all measures to ensure that the
department's snow and ice control efforts are efficient and cost effective; provided
further, that the secretary of environmental affairs shall submit to the house
and senate committees on post audit and oversight and the house and senate
committees on ways and means a report detailing a snow emergency plan for
roads, bridges and sidewalks under the care of the department of conservation
and recreation by October 1, 2005; provided further, that the secretary of
environmental affairs shall submit to the house and senate committees on post
audit and oversight and the house and senate committees on ways and means a
report not later than September 1, 2005 which shall include, but not be limited
to, the following: (a) a list of
amounts paid from state appropriations for snow and ice control efforts for
fiscal years 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005, and (b) any
other information that said secretary determines is necessary to account for
and explain the extraordinary expenditure of state appropriations for the
control and removal of snow and ice......................................................$1,547,434
2820-3001
The division of urban parks and recreation may expend
not more than $1,000,000 from revenue collected from skating rink fees and
rentals for the operation and maintenance, including personnel costs, of 4
rinks between September 1, 2005 and April 30, 2006 for an expanded and extended
rink season; provided, that when assigning time for the use of its rinks, the
division shall give priority to those which qualify under applicable state and
federal law as nonprofit organizations or as a public school.............................................$1,000,000
2820-4420
For the operation and maintenance of the Ponkapoag
golf course; provided, that the division of urban parks and recreation may
expend not more than $1,100,000 from revenue collected from fees generated by
the golf course; provided further, that for the purposes of accommodating
discrepancies between the receipt of retained revenue and related expenditures,
the division may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system; and provided
further, notwithstanding section 1
of chapter 31 of the General Laws,
seasonal positions funded by this account are positions requiring the services
of an incumbent, on either a full-time or less than a full-time basis beginning
not earlier than April 1 and ending not later than November 30.................$1,100,000
2820-4421
For the operation and maintenance of the Leo J.? Martin golf course; provided, that the
division of urban parks and recreation may expend not more than? $700,000 from revenue collected from fees
generated by the golf course; provided further, that for the purposes of
accommodating discrepancies between the receipt of retained revenue and related
expenditures, the division may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system; and provided
further, notwithstanding section 1
of chapter 31 of the General Laws,
seasonal positions funded by this account shall be positions requiring the
services of an incumbent, on either a full-time or less than a full-time basis
beginning not earlier than April 1 and ending not later than November 30.................$700,000
2820-9005
For the operation of street lighting on the division
of urban parks and recreation parkways; provided, that no expenditure shall be
made other than in the GG object class; provided further, that the department
of conservation and recreation shall take all measures to further ensure that
said department's street lighting efforts are efficient and cost effective;
provided further, that said department shall implement a plan to achieve
efficiencies and reduce said lighting costs; and provided further, that said
department shall file a report with the house and senate committees on ways and
means not later than September 1, 2005 on measures taken to ensure efficiency
and cost effectiveness of their street lighting program that shall include, but
not be limited to, the following: (1)
all efforts taken by said department to reduce street lighting costs in fiscal
years 2002, 2003, 2004 and 2005, and (2) efforts to reduce the amount paid for
electricity through bulk purchasing agreements, (3) a long range plan on energy
savings initiatives...................$2,606,651
Department of Early Education and Care
3000-1000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For the administration of the department of early
education and care and the costs of field operations and licensing provided
through the department; provided, that funds from this item shall be expended
to develop an implementation plan for a workforce development system in
collaboration with the board and chancellor of higher education, pursuant to
section 5 of chapter 15D of the General Laws; provided further, that funds
from this item shall be expended on the development and piloting of a
kindergarten readiness assessment system that is educationally sound; provided
further, that funds from this item shall be expended on the development of a
comprehensive evaluation system for all early education and care programs in
the commonwealth; provided further, that, not later than November 30, 2005,
the? department shall report to the
secretary of administration and finance, the chairpersons of the joint
committee on education, and the chairpersons of the house and senate ways and
means committee on the information technology needs of the department,
including the cost of a comprehensive database of early childhood educators and
providers for the purpose of enhancing the workforce development system, and a
database of children both waiting for and receiving early education and care
services which is compatible with the SIMS database, and any other relevant
database at the department of education or the executive office of health and
human services; provided further, that the report shall also include an
analysis of the costs associated with the development of a comprehensive and
scientifically valid longitudinal study of the effectiveness of various early
education and care programs and services, including but not limited to,
comprehensive and consistent pre-school services provided to children from the
age of two years and nine months through entrance into kindergarten; provided
further, that the department shall report quarterly to the joint committee on
education, the joint committee on children and families, the house and senate
committees on ways and means, and the secretary of administration and finance
on the unduplicated number of children on waiting lists for state-subsidized
early education and care programs and services; provided further, that
notwithstanding chapter 66A of the
General Laws to the contrary, the department of early education and care, the
lead agencies of community partnership councils, the child care resource and
referral agencies, the department of education, the department of transitional
assistance, the department of social services, and the department of public health
may share with each other personal data regarding the parents and children who
receive services provided under early education and care programs administered
by the commonwealth for waitlist management, program implementation and
evaluation, reporting, and policy development purposes; provided further, that
the commissioner of the department of early education and care may transfer
funds between items 3000-1000, 3000-2000, 3000-4000, 3000-4050, 3000-5000,
3000-7050, 3000-7060, and 3000-7070, as necessary, pursuant to an allocation
plan, which shall detail by object class the distribution of the funds to be
transferred and which the commissioner shall file with the house and senate
committees on ways and means 15 days prior to any such transfer; provided
further, that no more than 5 percent of any item may be transferred in fiscal
year 2006; and provided further, that the department shall consult with the
department of education and the executive office of health and human services
to ensure continuity in the grant process............$9,570,077
3000-2000
For the regional administration of early education and
care programs and services and related early education and care activities;
provided, that the activities shall include, but not be limited to, voucher
management, regional child care provider training, resource and referral for
children with disabilities in child care programs, community-based programs
that provide direct services to parents and coordination of waiting lists for
state-subsidized child care; provided further, that the department shall
administer the child care resource and referral system through the regional
offices funded in this item; provided further, that the regional offices shall
collaborate with the board and commissioner of early education and care to
produce the workforce development plan required under section 5 of chapter 15D
of the General Laws; and provided further, that not later than February 15,
2006, the department shall issue a report to the secretary of administration
and finance, the chairpersons of the house and senate committees on ways and
means, the house and senate chairpersons of the education committee, and the
house and senate chairpersons of the joint committee on children and families,
detailing the budgets of each regional office, with a breakdown, by regional
office, of the amounts spent on administration, voucher and contract
management, data and technology purchase to support the data analysis being
done by said offices, professional and workforce development, and such other
categories of expenditure as the commissioner may feel are appropriate............$10,263,252
3000-2050
For the administration of the Children's Trust Fund;
provided, that notwithstanding any general or special law to the contrary, the
department of early education and care shall collaborate with Children's Trust
Fund on the implementation of section 202
of chapter 6 of the General Laws,
but shall not exercise any supervision or control with respect to the board.....................$882,307
3000-3050
For supportive child care associated with the family
stabilization program; provided, that, notwithstanding the provisions of any
general or special law to the contrary, services funded by this item shall be
provided by the department of early education and care established pursuant to
chapter 15D of the General Laws;
and provided further, that funds from this item shall only be expended for
child care costs of children with active cases at the department of social
services......................................$49,077,019
3000-4000
For preschool programs and services provided to
children from the age of 2 years and 9 months until they are kindergarten
eligible, through a mixed system of service delivery including? cities, towns, regional school districts,
educational collaboratives, head start programs, and licensed day care
providers, pursuant to section 54 of chapter 15 of the General Laws; provided,
that any payment made under any such grant with a school district shall be
deposited with the treasurer of such city, town, or regional school district
and held as a separate account and shall be expended by the school committee of
such city, town, or regional school district without municipal appropriation,
notwithstanding any general or special law to the contrary; provided further,
that in any city or town in which there was only 1 lead agency in fiscal year
1995, such lead agency shall serve as lead agency to submit proposals pursuant
to section 54 of said chapter 15; provided further, that the amount by which the
funds appropriated in this item exceed the amount appropriated in item
7030-1000 of chapter 60 of the acts
of 1994 shall be used to provide services to the children of working parents;
provided further, that funds appropriated in item 7030-1000 prior to 1994 shall
continue to be used for at risk children and special education purposes;
provided further, that in allocating the funds and evaluating grant
applications, the board of early education and care shall give priority
consideration to 3 and 4-year-old children in cities and towns where high
concentrations of low-income working families reside; provided further, that
not less than one-third of the total slots funded by the amount by which the
funds appropriated in this item exceed the amounts appropriated in item
7030-1000 of chapter 60 shall be for full-day, full-year care that meets the
needs of working parents; provided further, that councils shall give priority
in awarding expansion slots to children on the waitlist formerly maintained by
the office of child care services; provided further, that these children shall
retain priority status for future services available through the department
upon attaining the age of 5, notwithstanding the receipt of services funded
through this item;? provided further,
that eligibility standards for said services shall be the same as those used by
the department of education in fiscal year 2005; provided further, that no
funds shall be expended from this item for administrative costs of the
department of early education and care; provided further, that funds may be
expended for administrative costs of local councils; and provided further, that
recipients of grants distributed from this item shall not expend more than 8
per cent of the grants for administrative costs as defined by the department of
education in fiscal year 2005.....................$68,700,570
3000-4050
For child care vouchers and contracted child care
programs for low-income families; provided, that the department shall issue
monthly reports detailing the number and average cost of voucher and contracted
child care slots funded from this item and item 3000-3050 by category of
eligibility;? provided further, that the
report shall include the number of recipients subject to subsection (f) of section 110 of chapter 5 of the
acts of 1995 funded from this item; provided further, that notwithstanding any
general or special law to the contrary, the office shall perform post-audit
reviews on a representative sample of the income-eligibility determinations
performed by vendors receiving funds from this item; provided further, that the
department shall report quarterly to the joint committee on education, the
joint committee on children and families, the house and senate committees on
ways and means and the secretary of administration and finance on the error
rate, if any, in income-eligibility determinations calculated by the post audit
reviews; provided further, that notwithstanding any language to the contrary,
funding for child care shall be provided as a priority, to recipients of
benefits under the employment services program or any successor program, to
recipients of benefits under the program of transitional aid to families with
dependent children, former recipients of transitional aid who are employed
during the year after termination of benefits, former recipients of
transitional aid participating in education or training programs authorized by
department of transitional assistance regulations, parents under the age of 18
currently enrolled in a job training program who would qualify for benefits
under? chapter 118 of the General Laws, said section 110 of said chapter 5 or any other applicable law or regulation, but for
the deeming of grandparents' income, and for former recipients of transitional
aid to families with dependent children who are employed or in an authorized
period of job search as of the expiration of the transitional year, and require
post-transitional child care vouchers; provided further, that recipients of
transitional aid shall not be charged fees for child care provided under this
item; provided further, that not less than 500 child care slots shall be
reserved for children in the foster care program at the department of social
services; provided further, that income-eligible child care programs shall be
funded from this item; provided further, that income eligible programs shall
not include the employment services child care program, transitional child care
programs, or post-transitional child care programs; provided further, that not
less than $138,353,258 shall be expended for income-eligible child care
programs in fiscal year 2006; provided further, that child care for the
children of teen parents receiving transitional aid to families with dependent
children benefits, teen parents receiving supplemental security income payments
and whose dependent children receive the aid, and teen parents at risk of
becoming eligible for transitional aid to families with dependent children
benefits shall be paid from this item; provided further, that all teens
eligible for year-round full-time child care services shall be participating in
school, education, work and training-related activities or a combination
thereof for at least the minimum number of hours required by regulations
promulgated for the program of transitional aid, whether or not such teens are
recipients of benefits from the program; provided further, that informal child
care benefits shall be funded from this item; provided further, that not more
than $2 per child per hour shall be paid for such services; provided further,
that child care slots funded from this item shall be distributed geographically
in a manner that provides fair and adequate access to child care for all
eligible individuals; and provided further, that all child care providers that
are part of a public school system shall be required to accept child care
vouchers from recipients funded through this appropriation............................$292,473,570
3000-5000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For grants to head start programs; provided, that,
notwithstanding the provisions of any general or special law to the contrary,
programs and services eligible for funding through this item shall receive such
funding only after application to, and approval by, the department of early
education and care established pursuant to chapter 15D of the General Laws..........................$7,500,000
3000-6000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For early education and care quality expenditures;
provided, that, notwithstanding the provisions of any general or special law to
the contrary, services funded by this item shall be provided by the department
of early education and care established pursuant to chapter 15D of the General Laws; provided, that not less than
$1,321,145 shall be expended for activities to increase the supply of quality
early education and care for infants and toddlers; provided further, that not
less than $1,000,000 shall be expended for resource and referral services
provided through item 3000-2000; provided further, that not less than $234,248
shall be expended for school-age child care activities; provided further, that
no funds from this item shall be used to fund capital assets or equipment for
for-profit providers or agencies; provided further, that no funds shall be
expended for the DD object class expenses of the department, out of state
travel, bottled water, chargebacks, office equipment, prior year deficiencies,
or the Virtual Gateway system; and provided further, that no funds shall be
expended, obligated or transferred from this item prior to the submission of
written certification by the commissioner to the house and senate committees on
ways and means that all planned expenditures and allocations from this item
shall have no fiscal impact beyond fiscal year 2006...........$4,120,403
3000-7000
For statewide neonatal and postnatal home parenting
education and home visiting programs for at-risk newborns to be administered by
the Children's Trust Fund; provided, that the department shall collaborate with
the Children's Trust Fund, whenever feasible and appropriate, to coordinate
services provided though this item with services provided through items
3000-7050, 3000-7060 and 3000-7070, in order to ensure that parents receiving
services through this item are aware of all opportunities available to them and
their children through the department; provided further, that such services
shall be made available statewide to parents under the age of 21 years; and
provided further, that notwithstanding any general or special law to the
contrary, priority for such services shall be given to low-income parents......................$12,241,352
3000-7050
For the Mass Family Networks program; provided, that,
notwithstanding the provisions of any general or special law to the contrary,
programs and services eligible for funding through this item shall receive such
funding only after application to, and approval by, the department of early
education and care established pursuant to chapter 15D of the General Laws; and provided further, that
the department shall, to the maximum extent feasible, coordinate services
provided though this item with services provided through items 3000-7000 and
3000-7060 and 3000-7070, in order to ensure that parents receiving services
through this item are aware of all opportunities available to them and their
children through the department.....................$5,295,694
3000-7060
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For grants for home-based parenting and family
literacy program known as the Parent-Child Home Program; provided, that
notwithstanding the provisions of any general or special law to the contrary,
programs and services eligible for funding through this item shall receive such
funding only after application to, and approval by, the department of early
education and care established pursuant to chapter 15D of the General Laws; provided further, that the
department of education shall distribute the funds to expand capacity at
existing Parent-Child Home Program sites and to establish replication sites in
cities and towns where high concentrations of low income families reside;
provided further, that for grants awarded to establish the replication sites,
the department shall consider applications from school districts or social
service agencies that demonstrate the capacity to replicate the home visiting
program to serve area low income families; provided further, that the
department shall, to the maximum extent feasible, coordinate services provided
though this item with services provided through items 3000-7000, 3000-7050 and
3000-7070, in order to ensure that parents receiving services through this item
are aware of all opportunities available to them and their children through the
department; and provided further, that the preference for the grants shall be
given to applicants who demonstrate a commitment to maximize federal and local
funding for the operation of the replication site...........................$2,000,000
3000-7070
For matching grants to fund the Reach Out and Read
program, to provide books to at-risk children through book distribution
programs established in community health centers, medical practices and
hospitals for at-risk children; provided, that the funds distributed through
this program shall be contingent upon a match of not less than $1 in private or
corporate contributions for every $1 in state funding distributed through the
grant program; and provided further, that the department shall, to the maximum
extent feasible, coordinate services provided though this item with services
provided through items 3000-7000, 3000-7050 and 3000-7060 in order to ensure
that parents receiving services through this item are aware of all
opportunities available to them and their children through the department...............$500,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-0112
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For matching grants to boys' and girls' clubs, YMCA
and YWCA organizations, nonprofit community centers, and youth development
programs; provided, that the secretary of health and human services shall award
the full amount of each grant to each organization upon commitment of matching
funds from the organization; provided further, that not less than $2,000,000
shall be expended for the Massachusetts Alliance of Boys and Girls Clubs;
provided further, that not less than $80,000 shall be expended for the young
parents program of the Newton Community Service Centers; provided further, that
not less than $40,000 shall be expended for the public partnership program
between the greater Lynn YMCA and YWCA and the public partnership program
between the town of Saugus and the Saugus YMCA and YWCA; provided further, that
not less than $50,000 be expended for programs and improvements at the
Northeast Family YMCA; provided further, that not less than $50,000 be expended
for programs and improvements at the Haverhill YWCA; provided further, that not
less than $500,000 shall be expended for the YMCA of greater Boston to
facilitate capital projects approved by the board of directors of the YMCA
including, but not limited to, capital projects in the town of Norwood, the
West Roxbury section of Boston, East Boston, Woburn, Bedford and in other
cities and towns within the greater Boston area; provided further, that not
less than $100,000 shall be expended for programs and improvements to the YWCA
of Newburyport; provided further, that not less than $50,000 shall be expended
for the Project Adventure Youth Leadership Program administered by Family
Services Incorporated of Lawrence; provided further, that not less than $50,000
shall be expended for programs at the Girls Incorporated of Holyoke drop-in
center; provided further, that not less than $25,000 shall be expended for
programs at the Fishing Academy, Incorporated; provided further, that not less
than $225,000 shall be expended for Camp Coca Cola New England to provide youth
development services with an emphasis on leadership training and community
service; provided further, that no less than $125,000 shall be expended for the
Greater Worcester YMCA Youth Programs; provided further, that not less than
$50,000 shall be expended for the Chelsea YMCA for building rehabilitation
purposes; provided further, that not less than $40,000 shall be expended for
the Saugus YMCA; provided further, that not less than $50,000 shall be expended
to the Franklin Community Action Corporation for youth service; provided
further, that not less than $150,000 shall be expended for nonprofit Youth
Services in Andover; provided further, that not less than $25,000 shall be
expended for the Southwick Recreation Center, Inc.; and provided further, that
the secretary shall report to the house and senate committees on ways and means
on the exact amount distributed in fiscal year 2006 by March 1, 2006.....................$3,610,000
4000-0300
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the executive office, including
the operation of the managed care oversight board; provided, that the executive
office shall provide technical and administrative assistance to agencies under
the purview of the secretariat receiving federal funds; provided further, that
the executive office and its agencies, when contracting for services on the
islands of Martha's Vineyard and Nantucket, shall take into consideration the
increased costs associated with the provision of goods, services, and housing
on said islands; provided further, that the executive office shall monitor the
expenditures and completion timetables for systems development projects and
enhancements undertaken by all agencies under the purview of the secretariat,
and shall ensure that all measures are taken to make such systems compatible
with one another for enhanced interagency interaction; provided further, that
the executive office shall continue to develop and implement the common client
identifier; provided further, that the executive office shall ensure that any
collaborative assessments for children receiving services from multiple
agencies within the secretariat shall be performed within existing resources;
provided further, that funds appropriated herein shall be expended for the
administrative, contracted services and non-personnel systems costs related to
the implementation and operation of programs authorized by sections 9A to 9C,
inclusive, and sections 16B and 16C of chapter 118E of the General Laws; provided further, that such
costs shall include, but not be limited to, pre-admission screening,
utilization review, medical consultants, disability determination reviews,
health benefit managers, interagency service agreements, the management and
operation of the central automated vendor payment system, including the
recipient eligibility verification system, vendor contracts to upgrade and
enhance the central automated vendor payment system, the medicaid management
information system and the recipient eligibility verification system MA21,
costs related to the information technology chargebacks, contractors
responsible for system maintenance and development, personal computers and
other information technology equipment; provided further, that 50 per cent of
the cost of provider point of service eligibility verification devices
purchased shall be assumed by the providers utilizing the devices; provided
further, that the executive office shall assume the full cost of provider point
of service eligibility verification devices utilized by any and all
participating dental care providers; provided further, that in consultation
with the division of health care finance and policy, no rate increase shall be
provided to existing medicaid provider rates without taking all measures
possible under Title XIX of the Social Security Act to ensure that rates of
payment to providers do not exceed such rates as are necessary to meet only
those costs which must be incurred by efficiently and economically operated
providers in order to provide services of adequate quality; provided further,
that expenditures for the purposes of each item appropriated for the purpose of
programs authorized by chapter 118E
of the General Laws shall be accounted for according to such purpose on the
Massachusetts management accounting and reporting system not more than 10 days
after such expenditures have been made by the medicaid management information
system; provided further, that no expenditures shall be made for the purpose of
such programs that are not federally reimbursable, except as specifically
authorized herein, or unless made for cost containment efforts the purposes and
amounts of which have been submitted to the house and senate committees on ways
and means 30 days prior to making such expenditures; provided further, that the
executive office may continue to recover provider overpayments made in the
current and prior fiscal years through the medicaid management information
system, and that such recoveries shall be deemed current fiscal year
expenditure refunds; provided further, that the executive office shall report
quarterly to the house and senate committees on ways and means the amounts of
said expenditure refunds credited to each item of appropriation; provided
further, that the executive office shall report quarterly to the house and
senate committees on ways and means the amount of hand generated payments, to
providers by item of appropriation from which said payments were made; provided
further, that the executive office may collect directly from a liable third
party any amounts paid to contracted providers under chapter 118E of the General Laws for which the executive
office later discovers another third party is liable if no other course of
recoupment is possible; provided further, that no funds shall be expended for
the purpose of funding interpretive services directly or indirectly related to
a settlement or resolution agreement, with the office of civil rights or any
other office, group or entity; provided further, that interpretive services
currently provided shall not give rise to enforceable legal rights for any
party or to an enforceable entitlement to interpretive services; provided
further, that notwithstanding any general or special law to the contrary, for
fiscal year 2006 the definition of a rural hospital shall mean an acute care
hospital as defined under section twenty-five B of chapter 111 of the General Laws and licensed under said
chapter 111, which: (1) has been designated by the executive office as a
rural hospital based on bed size, city or town population, and population
density of the city, town, service area or county as determined by the
executive office through regulation; or (2) is a hospital currently designated
as a Critical Access Hospital by the Federal Department of Health and Human
Services in accordance with federal regulations and state requirements;
provided further, that the federal financial participation received from claims
filed for the costs of outreach and eligibility activities performed at certain
hospitals or by community health centers which are funded in whole or in part
by federally permissible in-kind services or provider donations from the
hospitals or health centers, shall be credited to this item and may be expended
without further appropriation in an amount specified in the agreement with each
donating provider hospital or health center; provided further, that the federal
financial participation received from claims filed based on in-kind
administrative services related to outreach and eligibility activities
performed by certain community organizations, under the so-called "covering kids initiative" and in accordance with the federal revenue
criteria in 45 CFR 74.23 or any other federal regulation which provides a basis
for federal financial participation, shall be credited to this item and may be
expended, without further appropriation, on administrative services including
those covered under an agreement with the organizations participating in the
initiative; provided further, that a hospital with a unit designated as a
pediatric specialty unit, or which maintains a level 1 burn and trauma center
for pediatrics as defined in this item shall be exempt from the inpatient and
outpatient efficiency standards being applied to their rate methodology;
provided further, that notwithstanding section 1 of chapter 118G
of the General Laws or any general or special law to the contrary, for fiscal
year 2006 the definition of a "pediatric specialty unit" shall mean a
level 1 burn and trauma center for pediatrics or a pediatric unit of an acute
care hospital in which the ratio of licensed pediatric beds to total licensed
hospital beds as of July 1, 1994, exceeded 0.20; provided further, that in
calculating that ratio, licensed pediatric beds shall include the total of all
pediatric service beds, and the total of all licensed hospital beds shall
include the total of all licensed acute care hospital beds, consistent with
Medicare's acute care hospital reimbursement methodology as put forth in the
Provider Reimbursement Manual Part 1, Section 2405.3G; provided further, that notwithstanding the
provisions of any general or special law to the contrary, the executive office
shall require the commissioner of mental health to approve any prior
authorization or other restriction on medication used to treat mental illness
in accordance with written policies, procedures and regulations of the
department of mental health; provided further, that federal reimbursements
received for administrative expenditures made pursuant to this item shall be
credited proportionally to the General Fund and the Children's and Seniors'
Health Care Assistance Fund, established under section 2FF of chapter 29 of the General Laws, in the same percentages as expenditures are
made from this item; provided further, that in fiscal year 2006, the executive
office of health and human services shall include within its MassHealth covered
services comprehensive dental benefits which were in effect on January 1, 2002,
for pregnant womenand mothers until their youngest child reaches the age of 3; provided further, that in fiscal year 2006, the executive office of health and
human services shall include within its MassHealth covered services smoking and
tobacco use cessation treatment and information for pregnant women and mothers
until their youngest child reaches the age of 3; provided further, that smoking
and tobacco use cessation treatment and information benefits shall include
nicotine replacement therapy, other evidence-based pharmacologic aids to
quitting smoking, and accompanying counseling by a physician, certified tobacco
use cessation counselor, or other qualified clinician; provided further, that
the executive office shall take all necessary steps to ensure that the
comprehensive dental benefits and smoking and tobacco cessation treatment and
information benefits shall be eligible for federal reimbursement; and provided
further, that the executive office shall promulgate regulations establishing
the smoking and tobacco use cessation treatment and information benefit
program; provided further, that in determining inpatient rates for any acute
hospitals the executive office shall utilize the same payment methodology,
including all exemptions, rate adjustments and passthrough payments, as was in
effect on July 1, 2003, except as provided in item 4000-1401; provided further,
that in determining outpatient rates for any acute hospitals the executive office
shall utilize the same payment methodology, including all exemptions and rate
adjustments, as was in effect on October 1, 2003; provided further, that in
calculating rates of payment for children enrolled in MassHealth receiving
inpatient services at acute care pediatric hospitals and pediatric specialty
units as defined in section 1 of
chapter 118G of the General Laws,
the executive office shall make a supplemental payment, if necessary,
sufficient to assure that payment for inpatient cases with a case mix acuity
greater than 5.0 shall be at least equal to 85% of the expenses incurred in
providing services to those children; provided further, that said executive
office shall not reduce the supplement to chronic disease and rehab hospitals
administrative day rate below that which was granted during hospital fiscal
year 2005; provided further, that said executive office in fiscal year 2006
shall not eliminate payment to hospital outpatient departments for primary care
provided to MassHealth members; provided further, that not later than September
1, 2005, the executive office of health and human services shall submit a
report to the house and senate committees on ways and means detailing reasons
for increases in chargebacks between fiscal years 2005 and 2006 for all 17
executive office cluster agencies including, but not limited to, service rates
used in determining each charge type, number of staff hours per agency per
service type, and a subsequent explanation as to how the increases result in a
cost savings for each agency and the commonwealth, and why there is no
subsequent decrease in either the cluster agency's or the executive office's
administrative costs; and provided further, that the report shall provide a
detailed explanation and crosswalk of the transition of both funding and staff
members from each agency to the executive office in fiscal years 2005 and 2006
for consolidation of centralized services; provided further, that the executive
office, in consultation with the division of health care finance and policy,
shall submit a report on the implementation of the "virtual gateway" project; provided further, that the report shall include, but not be limited
to: (i) a list of providers that
used the virtual gateway system in hospital fiscal year 2005; (ii) a list of
providers who are scheduled to receive the virtual gateway system in hospital
fiscal year 2006; (iii) an assessment of the current capability of the virtual
gateway to screen eligibility for multiple health and human services benefits;
(iv) the number of applications for MassHealth filed through the virtual
gateway delineated by provider and MassHealth program; (v) the approval rate of
MassHealth applications filed through the virtual gateway compared to
applications filed through other means and the impact on overall MassHealth
enrollment; (vi) the average time required for approval of applications filed
through the virtual gateway; (vii) an assessment of the impact of the virtual
gateway system on free care costs at participating providers compared to
non-participating providers in hospital fiscal year 2005; (viii) a survey of
participating hospitals measuring the decreased or increased administrative
costs for hospital staff; and (ix) the total state cost of the virtual gateway
project in state fiscal years 2005 and 2006 and the amount of expected federal
participation received for those expenditures; provided further, that the
executive office shall submit its report to the chair of the house and senate
committees on ways and means, and the chair of the joint committee on health
care financing not later than February 1, 2006; provided further, that in
determining the inpatient and outpatient nonacute hospital rates of payment,
the executive office and its contractors shall utilize a payment methodology so
that rates of payment are not less than those in effect during fiscal year
2005; and provided further, that notwithstanding any general or special law to
the contrary, the executive office shall adopt regulations which restrict
eligibility and covered services only after public notice and hearing..................................$126,159,490
General Fund.........................................................................85.84%
Children's and Seniors' Health Care Assistance Fund .............14.16%
4000-0320
The executive office may expend an amount not to
exceed $291,000,000 from the monies received from recoveries of any current or
prior year expenditures and collections from liens, estate recoveries, third
party recoveries, drug rebates, accident and trauma recoveries, case mix
recoveries, computer audits, insurance recoveries, provider overpayment
recoveries, bankruptcy settlements, Masspro and Healthpro refunds, medicaid fraud
returns, data match returns, Medicare appeals, and program and utilization
review audits; provided further, that additional categories of recoveries and
collections, including the balance of any personal needs accounts collected
from nursing and other medical institutions upon a recipient's death and held
by the executive office for more than 3 years, may, notwithstanding any general
or special law to the contrary, be credited to this item; provided, that any
revenues collected by the division that are not attributable to the
aforementioned categories shall be deposited in the General Fund and shall be
tracked separately; provided further, that additional categories of recoveries
and collections may be credited to this item after providing written notice to
the house and senate committees on ways and means; provided further, that no
funds from this item shall be used for the purposes of item 4000-0300; provided
further, that expenditures from this item shall be limited solely to payments
for the provision of medical care and assistance rendered in the current fiscal
year; provided further, that the executive office shall file quarterly with the
house and senate committees on ways and means, a report delineating the amount
of current year rebates from pharmaceutical companies or other current year
collections which are being used to supplement current year expenditures..................$291,000,000
4000-0351
For the operations of the office of residential
placement and licensure........................$737,593
4000-0352
For MassHealth enrollment outreach grants to public
and private nonprofit groups to be administered by the executive office;
provided, that the executive office shall provide grants for continuation of
the Covering Kids and Families program, including grants to coalitions receiving
Covering Kids and Families grants; and provided further, that the executive
office shall provide grants for the Western Massachusetts Health Access
Network, of 13 community-based organizations to provide enrollment assistance
and outreach for MassHealth and other publicly-funded health coverage programs;
provided further, that the secretary shall report to the house and senate
committees on ways and means on the exact amounts distributed in fiscal year
2006 by March 1, 2006 and the extent to which any portion of resulting
expenditures are eligible for federal reimbursement..............$500,000
4000-0430
For the commonhealth program to provide primary and
supplemental medical care and assistance to disabled adults and children under
sections 9A, 16 and 16A of chapter 118E
of the General Laws; provided, that funds may be expended from this item for
health care services provided to the recipients in prior fiscal years; provided
further, that the executive office shall maximize federal reimbursement for
state expenditures made on behalf of such adults and children; provided
further, that children shall be determined eligible for the medical care and
assistance if they meet the disability standards as defined by the executive
office, which standards shall be no more restrictive than the standards in
effect on July 1, 1996; and provided further, that the executive office shall
process commonhealth applications within 45 days of receipt of a completed
application or within 90 days if a determination of disability is required...................$84,696,753
4000-0500
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For health care services provided to medical
assistance recipients under the executive office's primary care
clinician/mental health and substance abuse plan or through a health
maintenance organization under contract with the executive office; provided,
that funds may be expended from this item for health care services provided to
the recipients in prior fiscal years; provided further, that no payment for
special provider costs shall be made from this item without the prior written approval
of the secretary of administration and finance; provided further, that
expenditures from this item shall be made only for the purposes expressly
stated herein; provided further, that said secretary shall take all steps
necessary to maximize enrollment in managed care organizations in order to
utilize federal dollars available under the federal upper payment limit cap;
provided further, that the secretary shall submit a report to the house and
senate committees on ways and means which shall include MassHealth enrollment
in a managed care organization as of July 1, 2005 compared to said enrollment
on December 1, 2005; provided further, that said report shall be submitted not
later than December 15, 2005; provided further, that the secretary of health and
human services and the commissioner of mental health shall report quarterly to
the house and senate committees on ways and means relative to the performance
of the managed care organization under contract with the executive office to
administer the mental health and substance abuse benefit; provided further,
that such quarterly reports shall include, but not be limited to, analyses of
utilization trends, quality of care and costs across all service categories and
modalities of care purchased from providers through the mental health and
substance abuse program, including those services provided to clients of the
department of mental health; provided further, that in conjunction with the new
medicaid management information system project, said executive office study the
feasibility of modifying its claim payment system, in collaboration with the
MassHealth behavioral health contractor, to routinely process for payment valid
claims for medically necessary covered medical services to eligible recipients
with psychiatric and substance abuse diagnoses on a timely basis in an effort
to avoid delay and expenses incurred by lengthy appeals processes; provided
further, that said secretary shall report to the house and senate committee on
ways and means not later than February 1, 2006 the results of said study, any
proposed modifications to said payment system, and a timeline of steps to be
taken to implement said modifications; provided further, that not less than
$12,000,000 shall be expended for disproportionate share payments for inpatient
services provided at pediatric specialty hospitals and units, including
pediatric chronic and rehabilitation long-term care hospitals as allowable
under federal law; and provided further, that $11,700,000 shall be expended on
disproportionate share payments to high public payer hospitals........................................$2,102,005,676
Department of Elder Affairs Office of the Secretary
4000-0600
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For health care services provided to medical
assistance recipients under the department's senior care plan; provided, that
funds may be expended from this item for health care services provided to these
recipients in prior fiscal years; provided further, that no payment for special
provider costs shall be made from this item without the prior written approval
of the secretary of administration and finance; provided further, that not less
than $9,240,000 shall be expended for a demonstration project known as the "community choices" initiative; provided further, that under the
demonstration, eligible MassHealth enrollees in the section 2176 elder care waiver shall be covered for any needed
community services, including case management, from among those services
available under the waiver or under the commonwealth's Title XIX state plan,
for the purpose of delaying or preventing an imminent nursing home admission;
provided further, that elders enrolled in the waiver at risk of imminent
nursing home admission shall be provided information about the availability of
such services; provided further, that for elders who have been determined to be
at such imminent risk, have chosen to remain in the community, and for whom
community care is medically appropriate, the department shall establish a
funding level that, on a monthly average basis, is equal to 50 per cent of the
median monthly per capita expenditure made by the department for nursing
facility services provided to elders; provided further, that such funding level
may include the costs of needed waiver services or other needed community
services available to the elders under the state plan; provided further, that
the executive office shall enter into an agreement with each aging service
access point participating in the demonstration, which shall describe a system
to be followed by each aging service access point, in accordance with state law
and requirements under Title XIX of the Social Security Act, for coordination
of both waiver and non-waiver community services needed by such eligible
elders; provided further, that each aging services access point receiving funds
under the demonstration project shall submit monthly reports to the executive
office of health and human services and to the executive office of elder
affairs on the care provided and the service expenditures made under the 2176
elder care waiver and such other information as specified by the department and
the executive office; provided further, that the executive office of health and
human services shall submit a report to the house and senate committees on ways
and means detailing the projected costs and the number of individuals served by
the "community choices" initiative in fiscal year 2006 delineated by
federal poverty level; provided further, that the report shall be submitted not
later than February 1, 2006; provided further, that in the event the division of
health care finance and policy conducts or utilizes an audit of nursing
facilities' calendar year 2002 base year costs for the purpose of reducing
rates below levels that would be in effect in the absence of the audit, the
division shall disallow no more than $22,000,000 in the aggregate in fiscal
year 2006 rates; provided further, that notwithstanding any general or special
law to the contrary, the regulations, criteria and standards for determining
admission to and continued stay in a nursing home in fiscal year 2006 shall not
be more restrictive than those regulations, criteria and standards in effect on
January 1, 2004 until the executive office of health and human services and the
executive office of elder affairs submit a multi-year plan to the house and
senate committees on ways and means and the joint committee on health care
financing detailing the suggested timeline for phasing in changes to nursing
home clinical criteria, provided that these changes shall not adversely affect
current nursing home residents and shall not jeopardize the effectiveness of
the 2176 home and community based waiver; provided further, that
notwithstanding any general or special law to the contrary, for any nursing
home or nonacute chronic disease hospital that provides kosher food to its
residents, the department, in consultation with the division, in recognition of
the unique special innovative program status granted by the executive office,
shall for any nursing home or nonacute chronic disease hospital that provides
kosher food to its residents, establish the lower of (1) actual increased cost;
or (2) up to a $5 per day increase to the standard payment rates to reflect the
high dietary costs incurred in providing kosher food and shall apply such
increase effective July 1, 2003; provided further, that not less than $75,000
shall be made available to reimburse providers of dementia-specific adult day
care at the rate paid on January 1, 2003; provided further, that effective July
1, 2005, nursing facility Medicaid rates shall be adjusted by no less than
$43,500,000 in the aggregate for the purpose of funding inflationary cost; provided further, that the department shall in correlation with the senior care
options program explore options for enrolling the senior care population into
managed care programs through federal waivers or other necessary means;
provided further, that the secretary of elder affairs may transfer not more
than 3 per cent of funds appropriated in this item to item 4000-0620; provided
further, that the executive office shall provide written notice to the house
and senate committees on ways and means not less than 30 days prior to any
transfer; provided further, that notwithstanding any general or special law to
the contrary, medicaid rates paid by the commonwealth through the office of
medicaid or its third party agents to cover the cost of care provided by the
only mentally involved/medically involved (MIMI) nursing facility in the
commonwealth shall be sufficient to cover the cost of care provided by such a
facility, and in no event shall be less than 15 per cent more than the fiscal
year 2005 medicaid reimbursement per patient day received by such a facility; provided further, that not less than $2,000,000 shall be expended for the
purpose of a housing with services demonstration project known as the
"Caring Homes" initiative designed to delay or prevent nursing home
placement by providing caregiving services to an elder; and provided further,
that under said demonstration project, eligible MassHealth enrollees shall be
able to live in the home of an individual or relative, with the exception of
spouses and dependent children, to provide for their long term supports,
pursuant to regulations promulgated by said executive office..............$1,890,925,627
4000-0620
For the senior care options program; provided, that
the secretary of elder affairs may transfer not more than 15 per cent of funds
appropriated in this item to item 4000-0600; and provided further, that the
department shall provide written notice to the house and senate committees on
ways and means not less than 30 days prior to any transfer......................$67,998,937
4000-0700
For health care services provided to medical
assistance recipients under the executive office's health care indemnity/third
party liability plan and medical assistance recipients not otherwise covered
under the executive office's managed care or senior care plans; provided, that
funds may be expended from this item for health care services provided to the
recipients in prior fiscal years; provided further, that no payment for special
provider costs shall be made from this item without the prior written approval
of the secretary of administration and finance; provided further, that
expenditures from this item shall be made only for the purposes expressly
stated in this item; provided further, that notwithstanding the foregoing,
funds may be expended from this item for the purchase of third party insurance
including, but not limited to, Medicare for any medical assistance recipient
including, but not limited to, seniors; provided further, that not more than
$10,000,000 may be expended for activities relating to disability
determinations or utilization management and review, including patient
screenings and evaluations, regardless of whether such activities are performed
by a state agency, contractor, agent or provider; and provided further, that
the executive office shall submit a report to the executive office of
administration and finance and the house and senate committees on ways and
means not later than March 1, 2006 detailing the activities described in the
preceding proviso to be expended from this item during fiscal year 2006...........................$1,586,991,439
4000-0860
For MassHealth benefits provided to children and
adults under clauses (a), (b), (c),
(d) and (h) of subsection (2) of
section 9A of chapter 118E of the
General Laws; provided, that no funds
shall be expended from this item for children and adolescents under clause (c) of said subsection (2) of said section 9A of said chapter 118E whose family incomes, as determined by the
executive office, exceeds 150 per cent of the federal poverty level; provided
further, that funds may be expended from this item for health care services
provided to the recipients in prior fiscal years; and provided further, that
all federal reimbursements received for expenditures from this item under Title
XIX and Title XXI of the Federal Social Security Act shall be credited to the
Children's and Seniors' Health Care Assistance Fund............$391,509,801
Children's and Seniors' Health
Care Assistance Fund..........................................................................100.0%
4000-0870
For health care services provided to adults
participating in the medical assistance program pursuant to clause (g) of subsection (2) of section 9A of
chapter 118E of the General Laws;
provided, that funds may be expended from this item for health care services
provided to such recipients in prior fiscal years.................$61,326,314
4000-0875
For the provision of benefits to eligible women who
require medical treatment for either breast or cervical cancer in accordance
with 1902(a)(10)(A)(ii)(XVIII) of the Breast and Cervical Cancer Prevention and
Treatment Act of 2000, Public Law 106-354, and in accordance with section 10D of chapter 118E of the General Laws; provided, that the executive office shall
provide benefits to women whose income, as determined by the executive office,
does not exceed 250 per cent of the federal poverty level, subject to continued
federal approval;? provided further, that
eligibility for such benefits shall be extended solely for the duration of such
cancerous condition; provided further, that prior to the provision of any
benefits covered by this item, the executive office shall require screening for
either breast or cervical cancer at the comprehensive breast and cervical
cancer early detection program operated by the department of public health, in
accordance with item 4570-1512 of section 2D; provided further, that the executive office shall continue to seek
federal approval for the implementation of a cost sharing system, including
co-payments and sliding scale premiums for women whose annual income is between
133 per cent and 250 per cent of the federal poverty level; and provided
further, that funds may be expended from this item for health care services
provided to these recipients in prior fiscal years.........$5,170,243
4000-0880
For MassHealth benefits under clause (c) of subsection (2) of section 9A and
section 16C of chapter 118E of the General Laws for children and adolescents
whose family incomes as determined by the executive office are above 150 per
cent of the federal poverty level; provided, that funds may be expended from
this item for health care services provided to the children and adolescents in
prior fiscal years; and provided further, that all federal reimbursements
received for expenditures from this item under Title XXI of the Federal Social
Security Act shall be credited to the Children's and Seniors' Health Care
Assistance Fund..................$27,509,997
Children's and Seniors' Health
Care Assistance Fund........................................................................100.0%
4000-0890
For the cost of health insurance premium subsidies
paid to employees of small businesses participating in the insurance
reimbursement program pursuant to the provisions of section 9C of chapter 118E of the General Laws; provided, that all federal reimbursements
received for expenditures from this item pursuant to the provisions of Title
XIX and Title XXI of the federal Social Security Act shall be credited to the
Children's and Seniors' Health Care Assistance Fund; and provided further, that
expenditures made for the purposes of this item shall not exceed the amount
appropriated herein............$36,746,765
Children's and Seniors' Health
Care Assistance Fund .....................................................................................100.0%
4000-0891
For the cost of health insurance subsidies paid to
employers participating in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that the executive office of health
and human services shall directly market the program to private human service
providers that deliver human and social services under contract with
departments within the executive office and the department of elder affairs for
the purpose of mitigating health insurance costs to the employers and their
employees; provided further, that the executive office shall report quarterly
to the house and senate committees on ways and means and the executive office
of administration and finance monthly expenditure data for the program,
including the total number of employers participating in the program, the per
centage of the employers who purchased health insurance for employees prior to
participating in the program and total monthly expenditures delineated by
payments to small employers and self-employed persons for individual, 2-person
family and family subsidies; provided further, that the executive office shall
seek federal reimbursement for the payments to employers; and provided further,
that all federal reimbursements received for expenditures from this item, under
Title XIX and Title XXI of the federal Social Security Act, shall be credited
to the Children's and Seniors' Health Care Assistance Fund.........$7,432,668
Children's and Seniors' Health
Care Assistance Fund ..........................................................100.0%
4000-0895
For the healthy start program to provide medical care
and assistance to pregnant women and infants residing in the commonwealth
pursuant to section 10E of chapter 118E of the General Laws; provided further, that the
executive office shall report to the house and senate committees on ways and
means on the population served by the program delineated by the federal poverty
level; provided further, that the report shall be submitted not later than
February 1, 2006; and provided further, that funds may be expended from this
item for health care services provided to these persons in prior fiscal years...............$15,991,921
4000-0990
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the children's medical security plan to provide
primary and preventive health services for uninsured children from birth
through age 18; provided, that the executive office shall prescreen enrollees
and applicants for medicaid eligibility; provided further, that no applicant
shall be enrolled in the program until the applicant has been denied
eligibility for the MassHealth program; provided further, that the MassHealth
benefit request shall be used as a joint application to determine the
eligibility for both MassHealth and the children's medical security plan;
provided further, that the executive office shall maximize federal
reimbursements for state expenditures made on behalf of the children; provided
further, that any projection of deficiency in this item shall be reported to
the house and senate committees on ways and means not less than 90 days before
the projected exhaustion of funding; provided further, that the executive
office shall expend all necessary funds from this item to ensure the provision
of the maximum benefit levels for this program, as authorized by section 10F of chapter 118E of the General Laws; provided further, that the maximum benefit
levels for this program shall be made available only to those children who have
been determined by the executive office to be ineligible for MassHealth
benefits; provided further, that notwithstanding subsection (d) of section 10F of chapter 118E of the
General Laws, or any general or special law to the contrary, premiums for this
program shall be collected according to the following eligibility categories: (1) enrollees in households earning less than 200 per
cent of the federal poverty level shall not be responsible for contributing to
program premium costs; (2) enrollees in households earning between 200 per cent
and 300 per cent of the federal poverty level, inclusive, shall contribute not
less than 20 per cent and not more than 30 per cent of the monthly premium cost
according to a sliding scale established by the executive office; provided,
that additional contributions shall not be required for any enrollee after the
third enrollee in such a household; (3) enrollees in households earning between
301 per cent and 400 per cent of the federal poverty level, inclusive, shall
contribute not less than 85 per cent and not more than 90 per cent of the
monthly premium cost according to a sliding scale established by the executive
office; provided, that additional contributions shall not be required for any
enrollee after the first enrollee in such a household; and (4) enrollees in
households earning more than 400 per cent of the federal poverty level shall
pay not more than the full premium cost of the program; provided further, that
the secretary of? shall certify quarterly
in writing to the house and senate committees on ways and means that premiums
established pursuant to the fourth paragraph of section 10F of chapter 118E have been paid by all enrollees for whom premiums are applicable;and provided further, that funds may be expended from this item for health care
services provided to these persons in prior fiscal years...................................$21,078,379
General Fund ...........................................................................76.62%
Children's and Seniors' Health Care Assistance Fund ..............................................23.38%
4000-1400
For the purposes of providing MassHealth benefits to
persons with a diagnosis of human immunodeficiency virus with incomes up to 200
per cent of the federal poverty level; provided, that funds may be expended
from this item for health care services provided to these persons in prior
fiscal years..........$7,589,164
4000-1401
For the purposes of reinstating inpatient outlier benefits which were in effect on January 1, 2003 for all MassHealth members in hospital fiscal year 2006.............$18,750,000
4000-1405
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the operation of a program of preventive and
primary care for chronically unemployed persons who are not receiving
unemployment insurance benefits and who are not eligible for medical assistance
but who are determined by the executive office of health and human services to
be long-term unemployed; provided, that such persons shall meet the eligibility
requirements established under the MassHealth?
program as established in section 9A of chapter 118E of the
General Laws; provided further, that the income of such persons shall not
exceed 100 per cent of the federal poverty level; provided further, that said
eligibility requirements shall not exclude from eligibility persons who are employed
intermittently or on a non-regular basis; provided further, that the provision
of care to such persons under this program may, taking into account capacity,
continuity of care, and geographic considerations, be restricted to certain
providers; provided further, that funds may be expended from this item for
health care services provided to recipients in prior fiscal years; provided
further, that the secretary of health and human services is hereby authorized
to limit or close enrollment if necessary in order to ensure that expenditures
from this item do not exceed the amount appropriated herein; provided further,
the executive office of health and human services shall seek federal approval
by October 1, 2005 in order to enroll the maximum number of possible enrollees
allowable within this appropriation in this program during fiscal year 2006;
provided further, that no funds may be expended from this item prior to October
1, 2005; provided further, that notwithstanding subsection (3) of section 16D of chapter 118E of the
General Laws or any other general or special law to the contrary, a person who
is not a citizen of the United States but who is either a qualified alien
within the meaning of section 431
of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
or is otherwise permanently residing in the United States under color of law
shall be eligible to receive benefits under this item if such individual meets
the categorical and financial eligibility requirements pursuant to this item;
provided further, that such individual is either age 65 or older or age 19 to
64 and disabled; provided further, that any such individual shall not be
subject to sponsor income deeming or related restrictions; and provided further,
that funds from this item for health care services for said noncitizens may be
expended as of the effective date of this act.....................$132,154,120
4000-1420
For the purposes of making payments to the federal
centers for Medicare and Medicaid services in compliance with 42 USC 1396u-5.............$120,000,000
Division of Health Care Finance and Policy.
4100-0060
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of the division and the
administration of the uncompensated care pool established pursuant to chapter 118G of the General Laws; provided, that
notwithstanding any general or special law to the contrary, the assessment to
acute hospitals authorized pursuant to section 5 of said chapter 118G for the estimated expenses of the division shall include in fiscal
year 2006, the estimated expenses, including indirect costs, of the division
and shall be equal to the amount appropriated in this item less amounts
projected to be collected in fiscal year 2006 from: (1) filing fees; (2) fees and charges generated by the
division's publication or dissemination of reports and information; and (3)
federal financial participation received as reimbursement for the division's
administrative costs; provided further, that the assessed amount shall not be
less than 65 per cent of the division's expenses as specified in this item;
provided further, that the division shall promulgate regulations requiring all
hospitals receiving payments from the uncompensated care pool to report to the
division the following utilization information: the number of inpatient admissions and outpatient
visits by age category, income category, diagnostic category and average charge
per admission; provided further, that the division shall submit quarterly to
the house and senate committees on ways and means a summary report compiling
said data; provided further, that the division, in consultation with the
executive office of health and human services, shall not promulgate any
increase in medicaid provider rates without taking all measures possible under Title
XIX of the Social Security Act or any successor federal statute to ensure that
rates of payment to providers do not exceed such rates as are necessary to meet
only those costs incurred by efficiently and economically operated providers in
order to provide services of adequate quality; provided further, that the
division shall meet the reporting requirements of section 25 of chapter 203 of the acts of 1996; provided further, that funds may be expended
for the purposes of a survey and study of the uninsured and underinsured in the
commonwealth, including the health insurance needs of the residents of the
commonwealth; provided further, that said study shall examine the overall
impact of programs administered by the executive office of health and human services
on the uninsured, the underinsured, and the role of employers in assisting
their employees in affording health insurance pursuant to section 23 of chapter 118G of the General Laws; provided further, that for hospital fiscal
year 2006, the private sector liability of purchasers and third party payers to
the Uncompensated Care Trust Fund established pursuant to section 18 of chapter 118G of the General Laws shall be $320,000,000; provided further, that
the division shall publish annual reports on the financial condition of
hospitals and other health care providers through the Health Benchmarks project
website, in collaboration with the executive office of health and human
services, the office of the attorney general, and the University of
Massachusetts; provided further, that the division shall submit to the house
and senate committees on ways and means not later than December 6, 2005 a
report detailing utilization of the uncompensated care pool; provided further,
that the report shall include: (1)
the number of persons in the commonwealth whose medical expenses were billed to
the pool in fiscal year 2005; (2) the total dollar amount billed to the pool in
fiscal year 2005; (3) the demographics of the population using the pool, and;
(4) the types of services paid for out of the pool funds in fiscal year 2005;
provided further, that the division shall include in the report an analysis on
hospitals' responsiveness to enrolling eligible individuals into the MassHealth
program upon the date of service rather than charging said individuals to the
uncompensated care pool; provided further, that the division shall include in
the report possible disincentives the state could provide to hospitals to
discourage such behavior; provided further, that notwithstanding any general or
special law or rule or regulation to the contrary, the division shall not allow
any exceptions to the usual and customary charge defining rule as defined in
114.3 CMR 31.02, for the purposes of drug cost reimbursement to eligible
pharmacy providers for publicly aided and industrial accident patients;
provided further, that the division is hereby authorized to change the pricing
standard used by said division when determining the rate of payment to pharmacy
providers for prescribed drugs for publicly-aided or industrial accident
patients if such a change would financially benefit the commonwealth; provided
further, that notwithstanding any general or special law to the contrary said
division shall maintain the rate paid for the dispensing fees to retail
pharmacies for prescribed drugs to publicly aided or industrial accident
patients at $3 in fiscal year 2006; provided further, that notwithstanding any
general or special law to the contrary, the division of health care finance and
policy, in conjunction with the executive office of elder affairs and the
executive office of health and human services shall, by August 1, 2005, for all
non-acute chronic and rehabilitation hospitals, adopt and implement, for the
rate year effective October 1, 2005, a Medicaid rate reimbursement methodology,
that utilizes a hospital base year of either 2002 or 2003; provided further,
that in calculating the Medicaid rate of reimbursement for such hospitals, such
reimbursement shall exclude any costs associated with any beds licensed by the
department of mental health; provided further, that the division shall transfer
its existing contract with Hampshire Community Action Commission for the
demonstration project Hampshire Health Access to Hampshire HealthConnect, a
program of Cooley Dickinson Hospital, effective May 1, 2005; and provided
further, that said division shall not use any funds appropriated from the
Health Care Quality Improvement Trust Fund for operating costs, including rent
and utilities...............$12,530,216
OFFICE ON DISABILITIES AND COMMUNITY SERVICES
Massachusetts Commission for the Blind
4110-0001
For the office of the commissioner; provided, that the
commissioner may transfer funds between items 4110-0001, 4110-1000, 4110-1010,
4110-1020, 4110-2000, 4110-2001, 4110-3010 and 4110-4000; provided further,
that the amount transferred from any of the items stated in this item shall not
exceed 5 per cent of the total amount appropriated for that item; provided
further, that 30 days before any such transfer, the commissioner shall submit
an allocation plan detailing the distribution of the funds to be transferred to
the house and senate committees on ways and means; and provided further, that
amounts appropriated to the commission in fiscal year 2006 that extend or
expand services beyond the level of services provided in fiscal year 2005 shall
not annualize above those amounts in fiscal year 2007..............$1,099,067
4110-1000
For the community services program; provided, that not
less than $350,000 shall be expended from this item for the deaf-blind
community access network; provided further, that not less than $500,000 shall
be expended for the talking information center; provided further, that not less
than $10,000 shall be expended for the Audible Local Ledger of Falmouth; and
provided further, that the Massachusetts commission for the blind shall work in
collaboration with the Massachusetts commission for the deaf and hard of
hearing to provide assistance and services to the deaf-blind community through
the deaf-blind community access network...................................$3,786,958
4110-1010
For aid to the adult blind; provided, that funds may
be expended from this item for burial expenses incurred in the prior fiscal
year..........$8,351,643
4110-1020
For eligibility determination for the medical
assistance program for the blind; provided, that the commission shall work with
the executive office of health and human services, the department of mental
retardation and other state agencies to maximize federal reimbursement for
clients so determined through this item including, but not limited to,
reimbursement for home and community-based waiver clients...........................$315,769
4110-2000
For the turning 22 program of the commission;
provided, that the commission shall work in conjunction with the department of
mental retardation to secure the maximum amount of federal reimbursements
available for the care of turning 22 clients; and provided further, that the
commission shall work in conjunction with the department of mental retardation
to secure similar rates for contracted residential services...........................$8,648,243
4110-2001
For services to clients of the department who turn 22
years of age during state fiscal year 2006; provided, that the amount spent
from this item shall not annualize to more than $435,000 in fiscal year 2007;
provided further, that the commission shall work in conjunction with the
department of mental retardation to secure the maximum amount of federal
reimbursements available for the care of turning 22 clients; and provided
further, that the commission shall work in conjunction with the department of
mental retardation to secure similar rates for contracted residential services...........$295,000
4110-3010
For a program of vocational rehabilitation for the
blind in cooperation with the federal government; provided, that no funds from
the federal vocational rehabilitation grants or state appropriation shall be
deducted for pensions, group health and life insurance, or any other such
indirect cost of federally reimbursed state employees.......................$2,661,326
4110-4000
For the administration of the Ferguson Industries for
the Blind; provided, that retired workshop employees shall receive grants equal
to 3/4 of the salaries of current workshop employees; and provided further,
that any funds received for goods and services purchased by private and public
sector entities at Ferguson Industries shall be remitted to the General Fund.........................................$1,885,073
Massachusetts Rehabilitation Commission
4120-1000
The Governor has disapproved of certain language.
For the operation of the commission; provided, that
the commissioner may transfer funds between items 4120-1000, 4120-2000,
4120-3000, 4120-4000, 4120-4001, 4120-4010, 4120-5000, and 4120-6000; provided
further, that the amount transferred from any of the items stated in this item
shall not exceed 5 per cent of the total amount appropriated for that item;
provided further, that 30 days before any such transfer, the commissioner shall
submit an allocation plan to the house and senate committees on ways and means
detailing the distribution of the funds to be transferred; provided further,
that amounts appropriated to the commission that extend or expand services
beyond the level of services provided in fiscal year 2005 shall not annualize
above those amounts in fiscal year 2007; provided further, that the
commissioner shall report quarterly to the house and senate committees on ways
and means and the secretary of administration and finance on the number of
clients served and the amount expended on each type of service; provided
further, that upon the written request of the commissioner of revenue, the
commission shall provide lists of individual clients to whom or on behalf of
whom payments have been made for the purpose of verifying eligibility and
detecting and preventing fraud, error and abuse in the programs administered by
the commission; and provided further, that the lists shall include client names
and social security numbers and payee names and other identification, if
different from a client's........................$571,395
4120-2000
For vocational rehabilitation services operated in
cooperation with the federal government; provided, that no funds from the
federal vocational rehabilitation grant or state appropriation shall be
deducted for pensions, group health and life insurance and any other such
indirect cost of the federally-reimbursed state employees; provided further,
that the commissioner, in making referrals to service providers, shall take
into account the client's place of residence and the geographic proximity of
the nearest provider to the residence; provided further, that not less than
$100,000 shall be expended on special vocational projects in the Charlestown
section of the city? of Boston for people
with disabilities; and provided further, that not less than $155,000 shall be
expended for services provided by the Life Focus Center in said Charlestown
section of the city? of Boston.................$7,476,987
4120-3000
For employment assistance services; provided, that
vocational evaluation and employment services for severely disabled adults may,
subject to appropriation, be provided; provided further, that not less than
$100,000 shall be expended on special projects in the Charlestown section of
the city of Boston for people with disabilities; and provided further, that not
less than $305,000 shall be expended for the Charlestown Navy Yard Special
Project for disabled adults.......................$7,960,068
4120-4000
For independent living assistance service; provided,
that not more than $858,000 shall be expended for assistive technology devices
and training for individuals with severe disabilities; provided further, that
not less than $25,000 shall be used to assist the Living Independently for
Equality, Inc.? of Brockton; and provided
further, that not less than $200,000 shall be expended for the SHARE Foundation
at the University of Massachusetts at Dartmouth.........$8,040,597
4120-4001
For the housing registry for the disabled...................................$83,754
4120-4010
For services to clients of the department who turn 22
years of age; provided, that the amount appropriated in this item shall not
annualize to more than $1,412,500 in state fiscal year 2007................................$712,550
4120-5000
For homemaking services........................$4,417,049
4120-5050
The Massachusetts rehabilitation commission may expend
not more than $2,000,000 in revenues for expanded independent living and
employment services from federal reimbursements received for services provided
by the commission; provided, that for the purpose of accommodating
discrepancies between the receipt of retained revenue and related expenditures,
the department may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent
revenue estimate reported in the state accounting system............$2,000,000
4120-6000
For head injured services; provided, that the
commission shall work with the executive office of health and human services to
maximize federal reimbursement for clients receiving head injured services;
provided further, that the commission shall expend funds on a 24-hour basis for
persons with severe head injuries in western Massachusetts; provided further,
that not less than $100,000 shall be expended for the Cape Cod head injury
program; provided further, that of the $100,000, $50,000 shall be expended on a
1-time basis; and provided further, that not less than $75,000 shall be
expended on the Keeping Every Youth Safe program at the Massachusetts Brain
Injury Association.....................$8,093,237
Massachusetts Commission for the Deaf and Hard of Hearing
4125-0100
For the operation of and services provided by the
Massachusetts commission for the deaf and hard of hearing........$5,373,170
4125-0101
For the Massachusetts commission for the deaf and hard
of hearing; provided, that the commission may expend not more than $175,000 in
revenues from charges received on behalf of interpreter services and monies
received from private grants, bequests, gifts or contributions; provided
further, that for the purpose of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the commission may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system...................................$175,000
Soldiers' Home in Massachusetts.
4180-0100
For the maintenance and operation of the Soldiers'
Home in Massachusetts located in the city of Chelsea, including a specialized
unit for the treatment of Alzheimer's disease patients; provided, that
graduates from the LPN school of nursing shall work in state-operated
facilities for at least 1 year; provided further, that no fee, assessment or
other charge shall be imposed upon or required of any person for any outpatient
treatment, admission or hospitalization which exceeds the amount of fees charged
in fiscal year 2005; and provided further, that no new fee, assessment or other
charge shall be implemented in fiscal year 2006............................$23,600,532
4180-1100
The Soldiers' Home in Massachusetts may expend not
more than $252,500 in revenues for facility maintenance and patient care,
including personnel costs; provided, that 60 per cent of all revenues generated
pursuant to section 2 of chapter 90 of the General Laws through the purchase of license
plates with the designation VETERAN by eligible veterans of the commonwealth,
upon compensating the registry of motor vehicles for the cost associated with
the license plates, shall be deposited into and for the purposes of this
retained revenue account of the Soldiers' Home; and provided further, that
notwithstanding any general or special law to the contrary, for the purpose of
accommodating timing discrepancies between the receipt of retained revenues and
related expenditures, the Soldiers' Home may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system,
prior appropriation continued..................................$252,500
Soldiers' Home in Holyoke.
4190-0100
For the maintenance and operation of the Soldiers' Home
in Holyoke, including the adult day care program, the Maguder House and the
Chapin Mansion; provided, that no fee, assessment or other charge shall be
imposed upon or required of any person for any outpatient treatment, admission
or hospitalization which exceeds the amount of fees charged in fiscal year
2005; provided further, that no new fee, assessment or other charge shall be
implemented in fiscal year 2006; and provided further, that in the operation of
the outpatient pharmacy, the Soldiers' Home shall cover the cost of drugs
prescribed at the Soldiers' Home, excluding the required co-payment, only when
the veteran has no access to other drug insurance coverage, including coverage
through the program authorized by section 39 of chapter 19A of the
General Laws; and provided further, the Soldiers' Home in Holyoke shall reopen
not less than 4 long-term beds with funds appropriated in this item.....................$17,965,170
4190-0102
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
The Soldiers' Home in Holyoke may expend for the
outpatient pharmacy program an amount not to exceed $225,000 from co-payments
which it may charge to users of the program; provided, that no co-payments
shall be imposed or required of any person which exceed the level of
co-payments charged in fiscal year 2005; provided further, that no funds
appropriated in this item shall be expended until the superintendent has
submitted a report to the secretary and the house and senate committees on ways
and means detailing projected expenditures for fiscal years 2006 and 2007 and
any and all assumptions used to project outpatient pharmacy spending for the
outpatient pharmacy program from this item and item 4190-0100 by September 1,
2005; provided further, that said superintendent shall submit a report to said
secretary and the house and senate committees on ways and means that shall
include, but not be limited to, demographic information on said outpatient
pharmacy users, including age and insurance status, utilization information for
the outpatient pharmacy, including the number of generic prescriptions filled,
the number of brand name prescriptions filled, the number of 30-day supplies of
generic drugs dispensed, the number of 30-day supplies of brand name drugs
dispensed, and a description of said Soldiers' Home's drug utilization review
program for the first two quarters of fiscal year 2006; provided further, that
said report shall be submitted not later than January 16, 2006; and provided
further, that notwithstanding any general or special law to the contrary, for
the purpose of accommodating timing discrepancies between the receipt of
retained revenues and related expenditures, the Soldiers' home may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported in
the state accounting system........$225,000
4190-1100
The Soldiers' Home in Holyoke may expend not more than
$168,603 for facility maintenance and patient care, including personnel costs;
provided, that 40 per cent of all revenues generated pursuant to section 2 of chapter 90
of the General Laws through the purchase of license plates with the designation
VETERAN by eligible veterans of the commonwealth, upon compensating the
registry of motor vehicles for the cost associated with the license plates,
shall be deposited into and for the purposes of this retained revenue account
of the Soldiers' Home; and provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing discrepancies
between the receipt of retained revenues and related expenditures, the
Soldiers' Home may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent
revenue estimate as reported in the state accounting system, prior
appropriation continued.....................................$168,603
Department of Youth Services
4200-0010
For the administration of the department of youth
services; provided, that the department shall continue to collaborate with the
department of education in order to align curriculum at the department of youth
services with the statewide curriculum frameworks and to ease the reintegration
of youth from facilities at the department of youth services into regular
public school settings; and provided further, that the commissioner of youth
services, in conjunction with the department of education, shall submit a
report on progress made to the house and senate committees on ways and means by
December 1, 2005...............$4,791,575
4200-0100
For supervision, counseling and other community-based
services provided to committed youths in nonresidential care programs of the
department; provided, that the commissioner may transfer up to 7 per cent of
the amount appropriated in this item to items 4200-0200 and 4200-0300; and
provided further, that 30 days before any such transfer is made, the
commissioner shall file with the secretary of administration and finance and
the house and senate committees on ways and means a plan showing the amounts to
be transferred and the reason for the proposed transfer.............$21,038,530
4200-0200
For pretrial detention programs, including
purchase-of-service and state-operated programs; provided, that the
commissioner may transfer up to 7 per cent of the amount appropriated herein to
items 4200-0100 and 4200-0300; and provided further, that 30 days before any
transfer is made, the commissioner shall file with the secretary of
administration and finance and the house and senate committees on ways and
means a plan showing the amounts to be transferred and the reason for the
proposed transfer.......................................................$19,642,022
4200-0300
For secure facilities, including purchase-of-service
and state-operated programs incidental to the operations of the facilities;
provided, that funds shall be expended for programs to address the needs of the
female population including, but not limited to, the development of a
stabilization unit and an independent living program, the enhancement of
clinical services and at least 1 full-time female services coordinator;
provided further, that funds shall be expended to address suicide prevention
including, but not limited to, increased clinical capacity, increased clinical
staff for risk assessment at intake, improved medication administration,
enhanced psychiatric coverage at facilities, and the assurance of a 24-hour
area-based on-call staff; provided further, that not less than $1,250,000 shall
be expended for the homeward bound program in the town of Brewster; provided
further, that an amount not to exceed $60,000 may be expended for
reimbursements to providers for services rendered in prior fiscal years;
provided further, that the commissioner may transfer up to 5 per cent of the
amount appropriated in this item to items 4200-0100 and 4200-0200; and provided
further, that 30 days before any such transfer is made, the commissioner shall
file with the secretary of administration and finance and the house and senate
committees on ways and means a plan showing the amounts to be transferred and
the reason for the proposed transfer....................$99,199,256
Department of Transitional Assistance
4400-1000
The Governor has disapproved of certain language.
For the central administration of the department,
including the development and maintenance of automated data processing systems
and services in support of department operations, and for the administration of
department programs in local transitional assistance offices, including the
expenses of operating a food stamp program; provided, that during fiscal year
2006 the department shall maintain 2 transitional assistance offices in the
city of Springfield; provided further, that all costs associated with verifying
disability for all programs of the department shall be paid from this item;
provided further, that the department shall submit on a monthly basis to the
house and senate committees on ways and means and the secretary of
administration and finance a status report on program expenditures, savings and
revenues, error rate measurements, and public assistance caseloads and
benefits; provided further, that the report shall comprehensively track statewide
use of the emergency assistance program by eligibility category including, but
not limited to, caseload, average length of use or stay and monthly
expenditures; provided further, that the department shall collect all
out-of-court settlement restitution payments; provided further, that the
restitution payments shall include, but not be limited to, installment and lump
sum payments; provided further, that notwithstanding any general or special law
to the contrary, unless otherwise expressly provided, federal reimbursements
received for the purposes of the department, including reimbursements for
administrative, fringe and overhead costs, for the current fiscal year and
prior fiscal years, shall be credited to the General Fund; provided further,
that under 21 U.S.C. section 862a(d)(1),
the department shall exempt individuals from the eligibility restrictions of 21
U.S.C. section 862a, except that
individuals incarcerated for a conviction which would otherwise be
disqualifying under 21 U.S.C. section 862a(a)
shall not be eligible for cash assistance funded through item 4403-2000 during
the first 12 months after release from a correctional institution unless the
individual qualifies for an exemption under subsection (e) of section 110 of chapter 5 of the
acts of 1995 or a domestic violence waiver; provided further, that an
application for assistance under chapter 118 of the General Laws shall be deemed an application for assistance
under chapter 118E of the General
Laws; provided further, that if assistance under said chapter 118 is denied, the application shall be transmitted by
the department to the executive office of health and human services for a
determination of eligibility under said chapter 118E; provided further, that the department shall
continue policies to increase participation in the food stamp program; provided
further, that not less than $250,000 shall be expended on services from the
Food Source Hotline; provided further, that not less than $250,000 shall be
expended for the food stamp outreach program; provided further, that the
department may allocate funds, not to exceed $2,500,000 from this item to item
4400-1100 for the costs of the department's caseworkers; provided further, that
the department shall, to the extent feasible within the appropriation provided,
provide for extended office hours; provided further, that the department shall
accomplish the staffing of these extended office hours to the maximum extent
possible through the use of flex-time that will allow workers to modify their working
hours to accommodate their specific personal and family needs; provided
further, that the department shall, to the extent feasible within the
appropriation provided, continue and expand the program of placing workers at
community and human service organizations for the purposes of facilitating food
stamp applications and redeterminations; and provided further, that the
department shall report to the house and senate committees on ways and means
not later than December 15, 2005 on the extended office hours and placement of
workers at community and human service organizations that the department has
determined is feasible within the appropriation provided and that the
department will provide in the current fiscal year..................$65,200,000
4400-1025
For domestic violence specialists at local area
offices...........................$620,556
4400-1100
For the payroll of the department's caseworkers,
provided, that only employees of bargaining unit eight shall be paid from this
item; and provided further, that the department may allocate funds, not to
exceed $1,000,000 from this item to item 4400-1000 for the administrative costs
of the department of transitional assistance......................$53,681,903
4401-1000
The Governor has disapproved of certain language.
For a program to provide employment and training
services for recipients of benefits provided under the program of transitional
aid to families with dependent children; provided, that certain parents who
have not yet reached the age of 18, including those who are ineligible for
transitional aid to families with dependent children and who would qualify for
benefits under chapter 118 of the
General Laws but for the deeming of the grandparents' income, shall be allowed
to participate in the employment services program; provided further, that funds
from this item may be expended on former recipients of the program for up to 1
year after termination of their benefits due to employment or subsection (f) of section 110 of chapter 5 of the
acts of 1995; provided further, that funds from this item shall be expended for
the purposes of the young parents program, transportation costs, pre-employment
skills training and education programs, and structured subsidized employment
services; provided further, that the department of transitional assistance may
use funds from this item and shall collaborate with the department of workforce
development to access funding through Title I of the federal Workforce
Investment Act to ensure that sufficient resources are available to provide
substantive, pre-employment skills training, including training that integrates
basic education and English as a second language instruction, to recipients of
transitional aid to families with dependent children who are in need of such
services; provided further, that funds from this item may also be expended for
re-employment services, job search assistance, vocational training services,
job retention services, adult basic education, graduate equivalency degree
courses, English as a second language courses and training programs for persons
with limited English proficiency, and emergency work-related expenses for
recipients, including emergency transportation costs; provided further, that
the department shall inform all recipients and applicants of the full range of
programs and of skills training programs funded by Title I of the federal
Workforce Investment Act accessible through the one-stop career centers and
adult education programs funded by the department of education available under
this program; provided further, that funds may be allocated from this item to
other agencies for the purposes of this program; provided further, that within
90 days of a recipient without a high school degree or a graduate equivalency
degree or proficiency in English who is subject to said subsection (f) of said section 110 of said chapter 5 becoming eligible for benefits, the department may
offer to the recipient a skills assessment to identify barriers to employment;and provided further, that all of this item is subject to appropriation and, in
the event of a deficiency, nothing in this item shall give rise to or shall be
construed as giving rise to any enforceable right or entitlement to services in
excess of the amounts appropriated by this item.....$21,047,902
4401-1100
The department of transitional assistance may expend
not more than $3,000,000 from revenue received from the United States
Department of Agriculture for food stamp outreach and employment and training
programs and any enhanced funding or bonuses; provided, that the department may
expend such revenue for employment and training services provided to recipients
of transitional aid to families with dependent children...............................$3,000,000
4403-2000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a program of transitional aid to families with
dependent children; provided, that notwithstanding any general or special law
to the contrary, benefits under the program of transitional aid to families
with dependent children shall be paid only to citizens of the United States and
to non-citizens for whom federal funds may be used to provide benefits;
provided further, that notwithstanding any general or special law, or any
provisions of this act to the contrary, no benefits under this item shall be
made available to illegal or undocumented aliens; provided further, that the
need standard shall be equal to the standard in effect in fiscal year? 2005; provided further, that the payment
standard shall be equal to the need standard; provided further, that the
payment standard for families who do not qualify for an exempt category of
assistance under the provisions of subsection (e) of section 110 of chapter 5 of the
acts of 1995 shall be 2 per cent below the otherwise applicable payment
standard, in fiscal year? 2006, pursuant
to the state plan required under the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996; provided further, that the department
shall notify all teen parents receiving benefits from the program of the
requirements found in clause (2) of
subsection (i) of said section 110 of said chapter 5; provided further, that a $40 per month rent
allowance shall be paid to all households incurring a rent or mortgage expense
and not residing in public housing or subsidized housing; provided further,
that a nonrecurring children's clothing allowance in the amount of $150 shall
be provided to each child eligible under this program in September, 2005;
provided further, that the children's clothing allowance shall be included in
the standard of need for the month of September, 2005; provided further, that
benefits under this program shall not be available to those families where a
child has been removed from the household pursuant to a court order after a
care and protection hearing on child abuse, nor to adult recipients otherwise
eligible for transitional aid to families with dependent children but for the
temporary removal of the dependent child or children from the home by the
department of social services in accordance with department procedures; provided
further, that notwithstanding section 2
of chapter 118 of the General Laws,
or any other general or special law to the contrary, the department shall
render aid to pregnant women with no other eligible dependent children only if
it has been medically verified that the child is expected to be born within the
month such payments are to be made or within the 3 month period after such
month of payment, and who, if such child had been born and was living with her
in the month of payment would be categorically and financially eligible for
transitional aid to families with dependent children benefits; provided
further, that certain families that suffer a reduction in benefits due to a
loss of earned income and participation in retrospective budgeting may receive
a supplemental benefit to compensate them for such loss; provided further, that
no funds from this item shall be expended by the department for child care or
transportation services for the employment and training program; provided
further, that no funds from this item shall be expended by the department for
family reunification benefits or informal child care; provided further, that
the department shall provide oral and written notification to all recipients of
their child care benefits on a semi-annual basis; provided further, that the
notification shall include the full range of child care options available,
including center-based child care, family-based child care, and in-home
relative child care; provided further, that the notification shall detail
available child care benefits for current and former recipients, including
employment and training benefits, transitional benefits and post-transitional
benefits; provided further, that the department shall work with the department
of early education and care to ensure that both recipients currently receiving
benefits and former recipients during the 1 year period after termination of
benefits are provided written and verbal information about child care services;
provided further, that the notice shall further advise recipients of the
availability of food stamps benefits; provided further, that in promulgating,
amending or rescinding its regulations with respect to eligibility for, or
levels of benefits under the program, the department shall take into account
the amounts available to it for expenditure by this item so as not to exceed
the appropriation; provided further, that notwithstanding any general or
special law to the contrary, 60 days before promulgating any eligibility or
benefit changes, the commissioner shall file with the house and senate
committees on ways and means and with the clerks of the senate and house of
representatives a determination by the secretary of health and human services
that available appropriations for the program will be insufficient to meet
projected expenses and a report setting forth the text of and basis for such
proposed changes; and provided further, that not less than $418,074 shall be
expended for the purposes of the operation of the Transportation Assistance
Program operated by the Traveler's Aid Society........................$312,868,845
4403-2001
The Legislature overrode the Governor's disapproval
The Governor has disapproved this item.
For the Lift Transportation Program operated by the
Traveler's Aid Society of Boston................$150,000
4403-2119
For the provision of structured settings as provided
in subsection (i) of section 110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are receiving
benefits under the transitional aid to families with dependent children program
................$6,773,966
4403-2120
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For certain expenses of the emergency assistance program
as follows: (i) contracted family shelters; (ii) transitional housing programs;
(iii) programs to reduce homelessness in Barnstable, Dukes and Nantucket
counties; (iv) residential education centers for single mothers with children;
(v) intake centers; and (vi) voucher shelters; provided, that eligibility shall
be limited to families with income at or below 130 per cent of the federal
poverty level; provided, however, that any family whose income exceeds 130 per
cent of the federal poverty level while the family is receiving assistance
funded by this item shall not become ineligible for assistance due to exceeding
the income limit for a period of 6 months from the date that the 130 per cent
level was exceeded; provided further, that the department shall establish
reasonable requirements for such families to escrow some or all of the portion
of their income which exceeds 130 per cent of the federal poverty level;
provided further, that any such escrowed funds shall be exempt from otherwise
applicable asset limits; provided further that the family shall be allowed to
withdraw the amount placed in escrow upon transition to permanent housing or
losing eligibility for shelter services; provided further, that benefits under
this item shall be provided only to residents who are citizens of the United
States or aliens lawfully admitted for permanent residence or otherwise
permanently residing under color of law in the United States; provided further,
that the department shall take all steps necessary to enforce regulations to
prevent abuse in the emergency assistance program; provided further, that no
emergency assistance expenditures shall be paid from this item unless
explicitly authorized; provided further, that eligible households shall be
placed in shelters as close as possible to their home community unless a
household requests otherwise; provided further, if the closest available
placement is not within 20 miles of the household's home community, the
household shall be transferred to an appropriate shelter within 20 miles of its
home community at the earliest possible date unless the household requests
otherwise; provided further, that eligibility for shelter by an otherwise
eligible family shall not be impaired by prior receipt of any nonshelter
benefit; provided further, that the department shall within 30 days of the
effective date of this act revise its regulations to implement the preceding
proviso; provided further, that the department shall make every effort to
insure that children receiving services from this item shall continue attending
school in the community in which they lived prior to receiving services funded
from this item; provided further, that the department shall within 30 days of
the effective date of this act revise its regulations to implement the
preceding proviso; provided further, that notwithstanding any other general or
special law to the contrary, the department shall immediately provide shelter
for up to 30 days to families who appear to be eligible for such shelter based
on statements provided by the family and any other information in the
possession of the department but who need additional time to obtain any
third-party verifications reasonably required by the department; provided
further, that the department shall not impose unreasonable requirements for
third-party verification and shall accept verifications from the family
whenever reasonable; provided further, that the department shall within 30 days
of the effective date of this act revise its regulations to implement the preceding
proviso; provided further, that in promulgating, amending or rescinding
regulations with respect to eligibility or benefits under this program, the
department shall take into account the amounts available to it for expenditure
in this item so as not to exceed the amount appropriated in this item; provided
further, that notwithstanding any general or special law to the contrary, 60
days before promulgating any such eligibility or benefit changes, the commissioner shall file with the house and senate committees on ways and means
and with the clerks of the house of representatives and the senate a
determination by the secretary of health and human services that available
appropriations for the program will be insufficient to meet projected expenses
and a report setting forth such proposed changes; provided further, that all of
this item shall be subject to appropriation and, in the event of a deficiency,
nothing in this item shall give rise to or shall be construed as giving rise to
any enforceable right or entitlement to services in excess of the amounts
appropriated by this item; provided further, that nothing in the preceding
proviso shall authorize the department to alter eligibility criteria or benefit
levels, except to the extent that such changes are needed to avoid a deficiency
in this item; provided further, that the department shall report quarterly to
the house and senate committees on ways and means an unduplicated count of
families who apply for emergency assistance funded family shelter during the
fiscal year; provided further that the report shall include the total number of
applications received, the number of families approved for shelter, the number
of families denied shelter along with reasons for denials, the number of
families who are approved for shelter benefits within 12 months of an initial
denial, the home community of families receiving shelter, the number of
families receiving shelter within each home community, the number of available
shelter slots within each home community, the income level of families
receiving shelter, the number of families receiving shelter who had previously
accessed state-funded programs to reduce homelessness and the programs that had
been accessed, the composition of families receiving shelter, the reason that
the household is seeking emergency family shelter, the reasons that families
exit shelters, including reasons for voluntary departure and termination,
exiting families' housing plans, including type of housing arrangements,
subsidy status, monthly rent, and gross monthly income, and any other
information that the department determines to be necessary in evaluating the
operation of the emergency assistance family shelters program; provided
further, that the report shall also include information, by type of shelter, on
average length of stay, average cost per household served, average number of
shelter slots not used either as the result of no placement being made or of a
placed family not making use of shelter, and an analysis of this data,
including an analysis of causes relating to any significant differences in the
data for each type of shelter; provided further, that the report shall also
include a status report on the outcomes of department-funded homelessness
prevention initiatives, providing information on the nature and total cost of
each such initiative, the number of families served by each such initiative,
the average cost per family of each such initiative, the affordability and
stability of housing or alternative shelter placements for prevention program
recipients, including type of housing arrangement, subsidy status, monthly
rent, and gross monthly income, and any other information that the department
determines to be necessary in evaluating the operation of state-funded homeless
prevention programs; and provided further, that not less than $179,381 shall be
obligated for capital projects and related facility upgrades at the Crossroads
Family Shelter in East Boston........$73,600,000
4405-2000
For the state supplement to the supplemental security income
program for the aged and disabled, including a program for emergency needs for
supplemental security income recipients; provided, that the expenses of special
grants recipients residing in rest homes, as provided in section 7A of chapter 118A of the General Laws, may be paid from this item; provided further,
that the department, in collaboration with the executive office of health and
human services, may fund an optional supplemental living arrangement category
under the supplemental security income program that makes payments to persons
living in assisted living residences certified under chapter 19D of the General Laws who meet the income and
clinical eligibility criteria established by the department and the office;
provided further, that the optional category of payments shall only be
administered in conjunction with the medicaid group adult foster care benefit;
and provided further, that reimbursements to providers for services rendered in
prior fiscal years may be expended from this item................$205,568,300
4406-3000
For the homelessness program to assist individuals who
are homeless or in danger of becoming homeless, including assistance to
organizations which provide food, shelter, housing search and limited related
services to the homeless and indigent; provided further, that no organization
providing services to the homeless shall receive less than an average per
bed/per night rate of $12.92; provided further, that the department may
allocate funds to other agencies for the purposes of this program; provided
further, that of the amount appropriated in this item, $34,000,000 shall be
allocated to organizations that received funds from this item in fiscal year
2005; and provided further, that these organizations shall receive not less
than the same percentage share of the $34,000,000 as their percentage share of
funds in fiscal year 2005..........................$35,050,000
4408-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For a program of cash assistance to certain residents
of the commonwealth, entitled emergency aid to the elderly, disabled and
children found by the department to be eligible for such aid under chapter 117A of the General Laws and regulations promulgated
by the department and subject to the limitations of appropriation therefor;
provided, that benefits under this item shall only be provided to residents who
are citizens of the United States or qualified aliens or noncitizens otherwise
permanently residing in the United States under color of law and shall not be
provided to illegal or undocumented aliens; provided further, that the payment
standard shall equal the payment standard in effect under the general relief
program in fiscal year 1991; provided further, that the department may provide
benefits to persons age 65 or older who have applied for benefits under chapter 118A of the General Laws, to persons suffering from a
medically determinable impairment or combination of impairments which is expected
to last for a period as determined by department regulations and which
substantially reduces or eliminates the individual's capacity to support
himself and which has been verified by a competent authority, to certain
persons caring for a disabled person, to otherwise eligible participants in the
vocational rehabilitation program of the Massachusetts rehabilitation
commission and to dependent children who are ineligible for benefits under both
chapter 118 of the General Laws and
the separate program created by section 210 of chapter 43 of the
acts of 1997 and parents or other caretakers of dependent children who are
ineligible under chapter 118 and
under the separate program; provided further, that no ex-offender, person over
age 45 without a prior work history or person in a residential treatment
facility shall be eligible for benefits under this program unless the person
otherwise meets the eligibility criteria described in this item and defined by regulations
of the department; provided further, that no person incarcerated in a
correctional institution shall be eligible for benefits under the program;
provided further, that no funds shall be expended from this item for the
payment of expenses associated with any medical review team, other disability
screening process or costs associated with verifying disability for this
program; provided further, that the department shall promulgate emergency
regulations under chapter 30A of
the General Laws to implement the changes to this program required by this item
promptly and within the appropriation; provided further, that in initially
implementing the program for this fiscal year, the department shall include all
eligibility categories permitted in this item at the payment standard in effect
for the former general relief program in fiscal year 1991; provided further,
that in promulgating, amending or rescinding its regulations with respect to
eligibility or benefits, including the payment standard, medical benefits and
any other benefits under this program, the department shall take into account
the amounts available to it for expenditure by this item so as not to exceed
the amount appropriated in this item; provided further, that the department may
promulgate emergency regulations under chapter 30A of the General Laws to implement these eligibility
or benefit changes or both; provided further, that nothing in this item shall
be construed as creating any right accruing to recipients of the former general
relief program; provided further, that reimbursements collected from the Social
Security Administration on behalf of former clients of the emergency aid to the
elderly, disabled and children program, or unprocessed payments from the
program that are returned to the department shall be credited to the General
Fund; provided further, that notwithstanding any general or special law to the
contrary, the funds made available in this item shall be the only funds
available for the program, and the department shall not spend funds for the
program in excess of the amount made available in this item; and provided
further, that notwithstanding any general or special law this item to the
contrary, 60 days before implementing any eligibility or benefit changes, or
both, the commissioner shall file with the clerks of the house of
representatives and the senate a determination by the secretary of health and
human services that available appropriations for the program will be
insufficient to meet projected expenses and a report setting forth the proposed
changes...................$70,079,481
Department of Public Health
4510-0099
The department may expend not more than $6,000,000 in
revenues collected from licensing, inspections and records for costs associated
with the administration of the department ...............................$6,000,000
4510-0100
For the operation of the department, the determination
of need program, established under section 25C of chapter 111 of the
General Laws, the health statistics program, including the operation of a
cancer registry and occupational lung disease registry, and the continuation of
the cardiac surgery data collection and validation program to collect and validate
data from all hospitals in the commonwealth that perform open heart surgery;
provided, that the position of assistant commissioner shall not be subject to
chapter 31 of the General Laws...................$19,537,533
4510-0106
For the end of life care commission, established by
section 480 of chapter 159 of the acts of 2000; provided, that not more than
$100,000 shall be expended from revenues associated with grant and development
activities.....................$100,000
4510-0110
For community health center services; provided, that no
funds shall be expended in the AA object class for any personnel-related costs;
provided further, that not less than $200,000 shall be expended for the Cape
Cod Free Clinic; provided further, that not less than $100,000 shall be
expended for the Elder Health Center in Saugus; provided further, that not less
than $150,000 shall be expended for the Duffy Health Center; and provided
further, that the department shall submit a tentative allocation schedule of
the community health center grants to the house and senate committees on ways
and means not later than February 1, 2006...................$5,110,160
4510-0150
For the managed care program at community health
centers known as CenterCare; provided, that no funds shall be expended in the
AA object class for any personnel-related costs; provided further, that
$225,000 shall be expended on a statewide program of technical assistance to
community health centers to be provided by a state primary care association
qualified under section 330(f)(1)
of the United States Public Health Service Act, 42 U.S.C.? section 254c(f)(1); and provided further, that the department shall assist
professional and nonprofit agencies dedicated to the advancement of the scope
and nature of health care services delivered in communities by community health
centers and to pursue available federal technical assistance funding................$2,654,974
4510-0600
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For an environmental and community health hazards
program, including control of radiation and nuclear hazards, consumer products
protection, food and drugs, lead poisoning prevention in accordance with
chapter 482 of the acts of 1993,
lead-based paint inspections in day care facilities, inspection of radiological
facilities, licensing of x-ray technologists and the administration of the
division of environmental epidemiology and toxicology for the purposes of chapter 470 of the acts of 1983, the "Right-to-Know" law; provided, that the expenditures from this item for the fair packaging and
labeling survey program shall be contingent upon the prior approval of the
proper federal authorities for reimbursement of 100 per cent of the amounts so
expended; provided further, that $100,000 shall be expended for a renal disease
program administered by the National Kidney Foundation of Massachusetts, Rhode
Island and Vermont for nutritional supplements and early intervention services
for those affected by renal disease and those at risk of renal disease; provided further, that not less than $100,000 shall be expended for the
purposes of research and prevention activities associated with Lyme Disease, so
called, to be conducted by the Barnstable County Department of Health and the
Environment; provided further, that not less than $14,800 shall be allocated to
the Franklin Regional Council of Governments for costs associated with the
regional public health program; provided further, that not less than $81,000
shall be expended for the maintenance of a statewide lupus database; provided
further, that $150,000 shall be expended for the ALS registry created by
section 26 of chapter 140 of the acts of 2003; provided further, that
$195,000 shall be expended for the purpose of the director of the bureau of
environmental health assessment of the department of public health to continue
an environmental risk assessment of the health impacts of the General Lawrence
Logan Airport in the East Boston section of the city of Boston on any community
that is located within a 5 mile radius of the airport and is potentially
impacted by the airport; provided further, that the assessment may include, but
not be limited to, examining incidences of respiratory diseases and cancers and
performing medical and laboratory tests and examinations of residents of these
communities; provided further, that the bureau shall report its findings together
with any recommended response actions by the commonwealth to the house and
senate committees on ways and means not later than February 1, 2006; and
provided further, that no funds appropriated in this item shall be expended for
the purpose of siting or locating a low-level radio-active waste facility in
the commonwealth ........$3,453,403
4510-0615
The department may expend not more than $150,000 from
assessments collected under section 5K
of chapter 111 of the General Laws
for services provided to monitor, survey and inspect nuclear power reactors;
provided, that the department may expend not more than $1,374,195 from fees
collected from licensing and inspecting users of radioactive material within
the commonwealth under licenses presently issued by the nuclear regulatory
commission; provided further, that the revenues may be used for the costs of
both programs, including the compensation of employees; and provided further,
that for the purpose of accommodating discrepancies between the receipt of
retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower of
this authorization or the most recent revenue estimate as reported in the state
accounting system ............$1,524,195
4510-0616
For a drug registration and monitoring program;
provided, that the department may expend an amount not to exceed $551,110 from
revenues collected from fees charged to registered practitioners, including
physicians, dentists, veterinarians, podiatrists and optometrists for
controlled substance registration; provided further, that funds may be expended
from this item for the costs of personnel; and provided further, that for the
purpose of accommodating discrepancies between the receipt of retained revenues
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system .................$551,110
4510-0710
For the operation of the division of health care
quality and the office of patient protection; provided, that the division shall
be responsible for assuring the quality of patient care provided by the
commonwealth's health care facilities and services, and for protecting the
health and safety of patients who receive care and services in nursing homes,
rest homes, clinical laboratories, clinics, institutions for the mentally
retarded and the mentally ill, hospitals and infirmaries, including the
inspection of ambulance services; provided further, that the division shall
track and report the number and type of dementia or Alzheimer's special care
units in each facility; provided further that the department shall provide
quarterly reports of? its findings to the
house and senate committees on ways and means; provided further, that the
division shall coordinate its work with the board of registration in medicine
and the various other boards of registration under the department of public
health to promote quality patient care in facilities licensed by the
department, and shall report specific instances of preventable medical error
that involve an individualized component investigated by the board of
registration and a systemic or institutional component investigated by the
division, the medical, administrative, educational and disciplinary outcomes of
such instances of preventable medical error, and the ways in which coordination
promotes quality patient care, fairness and accuracy in disciplinary actions,
and better provider and facility education; provided further, that
investigators shall conduct investigations of abuse, neglect, mistreatment and
misappropriation; provided further, that the division shall assign such
investigators to perform their duties on staggered shifts which shall be
established by the division in order to provide coverage adequate to ensure
that all complaints of abuse, neglect, mistreatment and misappropriation are
investigated, and that the department shall investigate complaints during
evening and weekend hours as needed to assess the validity of the complaint;
provided further, that not less than 10 per cent of all routine surveys of the
facilities are completed during evening or weekend hours; provided further,
that the division shall minimize the need for payment of overtime to
investigators in both emergent and non-emergent situations and shall not
authorize the assignment of overtime hours for any investigator when the duties
can be performed on a non-overtime basis by another investigator; provided
further, that all investigators in the division of health care quality
responsible for the investigations shall receive training by the medicaid fraud
control unit of the office of the attorney general under a comprehensive
training program to be developed by the division and the unit; provided
further, that the division shall report quarterly to the house and senate
committees on ways and means on the number of incident reports and, for those
reports requiring investigations under section 72H of chapter 111 of the General Laws indicating for each such report, the time in
which: (1) the division completed
its investigation; (2) the division made an evaluation and determination of the
validity of the report; (3) made a referral of such report to the appropriate
agency or agencies; provided further, that if in any quarter the division
maintains a backlog of cases requiring investigation that have not been
investigated, evaluated and determined within the time frames established in
said section 72H of said chapter 111, the division shall include in the report an
explanation as to the reasons therefore; provided further, that the division
shall include in the report a list of all instances of the payment of overtime
for investigators and the justification therefore and in each quarter shall
compare the overtime expenditures from this item with the overtime expenditures
made in the corresponding quarter of fiscal year 2005; provided further, that
the division shall continue to research and develop, in consultation with the
nursing home industry and consumer representatives, appropriate confidential
survey tools to assess consumer satisfaction in long-term care facilities;
provided further, that the division shall continue a comprehensive training, education
and outreach program for nursing home administrators and managers and other
supervisory personnel in long-term care to improve the quality of care in
long-term care facilities; provided further, that the program shall promote the
use of best practices, models of quality caregiving and the culture of
workforce retention within the facilities and shall focus on systemic ways to
reduce deficiencies; and provided further, that the department shall report to
the house and senate committees on the results of the program not later than
April 30, 2006 .........$7,684,277
4510-0712
The department may expend not more than $504,922 in
revenues collected from the licensure of health facilities for program costs of
the division of health care quality; provided, that the department may expend
not more than $800,000 from revenues collected from individuals applying for
emergency medical technician licensure and recertification; and provided
further, that notwithstanding any general or special law to the contrary, for
the purpose of accommodating timing discrepancies between the receipt of
retained revenue and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower of
this authorization or the most recent revenue estimate therefore as reported in
the state accounting system.........$1,304,922
4510-0720
The Legislature overrode the Governor's disapproval
The Governor has disapproved this item.
For a scholarship program for certified nurses' aide
and direct care worker training; provided, that no funds shall be expended in
the AA object class for any personnel-related costs; provided further, that the
department shall establish appropriate guidelines and application criteria for
the administration of the program; provided further, that the scholarships
shall cover the full cost of tuition to an approved certified nurses' aide or
long-term care direct worker training program, including approved programs
providing for cross-training; provided further, that funds may also be
available to provide adult basic education and English as a second language training
for applicants otherwise meeting criteria for the scholarships, as well as
pilot training programs using enhanced curricula designed to support increased
retention; provided further, that the department shall, in consultation with
the nursing home industry, consumer groups, the department of labor and
workforce development, the Commonwealth Corporation, training providers and
other appropriate state and local agencies, conduct outreach regarding the
availability of such scholarships; provided further, that the department shall
consult with the scholarship program advisory council and the extended care
career ladder initiative to review and recommend new training requirements for
certified nurses' aides, home health aides and home care workers to improve the
quality of the direct care workforce and the quality of care provided in all
long-term care settings by developing skill standards, supporting the
transition from training to work, improving retention, promoting portability,
recognizing career advancement curricula and addressing language and education
barriers; and provided further, that costs for outreach activities shall not
exceed 5 per cent of the amount appropriated in this item and administrative
costs of the program shall not exceed 5 per cent of the amount appropriated in
this item ...........................$250,000
4510-0721
For the costs of personnel, administration,
information technology, equipment, newsletter and other essential spending of
the board of registration in nursing; provided, that the board shall prepare an
annual report detailing the total number of cases referred to and investigated
by the board, the resolution of such cases, the approximate number of cases
assigned to each investigator, and any increases or decreases in cases referred
to the board in the previous 6 months; provided further, that the board shall
submit each such report to the house and senate committees on ways and means,
the joint committee on health care financing, the joint committee on public
health and the commissioner of the department of public health; provided
further, that the board shall prepare a compilation of cases involving
preventable medical error that resulted in harm to a patient or health care
provider for the purpose of assisting health care providers, hospitals and
pharmacies to modify their practices and techniques to avoid error; and
provided further, that the board shall submit the compilation to the house and
senate committees on ways and means, the joint committee on health care
financing, the joint committee on public health and the commissioner of the
department of public health by January 4, 2006 and shall make the compilation
widely available, including by electronic means, to the public and to all
hospitals, pharmacies and health care providers doing business in the
commonwealth......................................$1,536,226
4510-0722
For the costs of personnel, administration,
newsletter, dues, travel, public information advertising, and other expenses of
the board of registration in pharmacy; provided, that the board shall prepare
an annual report detailing the total number of cases referred to and
investigated by the board, the resolution of such cases, the approximate number
of cases assigned to each investigator, and any increases or decreases in cases
referred to the board in the previous 6 months; provided further, that the
board shall submit each such report to the house and senate committees on ways
and means, the joint committee on health care financing, the joint committee on
public health and the commissioner of the department of public health; provided
further, that the board shall prepare a compilation of cases involving
preventable medical error that resulted in harm to a patient or health care
provider for the purpose of assisting health care providers, hospitals and
pharmacies to modify their practices and techniques to avoid error; and
provided further, that the board shall submit said compilation to the house and
senate committees on ways and means, the joint committee on health care
financing, the joint committee on public health and the commissioner of the
department of public health by January 4, 2006 and shall make said compilation
widely available, including by electronic means, to the public and to all
hospitals, pharmacies and health care providers doing business in the
commonwealth...........................................$483,887
4510-0723
For the operation and administration of the board of
medicine and the committee on acupuncture; provided, that the board of
registration in medicine shall prepare an annual report addressing its
activities with respect to licensing, enforcement, law and policy, patient
safety, and other relevant topics, including, but not limited to, the total
number of cases referred to and reviewed by the board, the resolution of the
cases, the approximate number of cases assigned to each investigator, any
increases or decreases in cases referred to the board in the previous 6 months,
a compilation of cases from its patient care assessment program describing
incidents involving preventable medical error that resulted in harm to patient
or health care provider for the purpose of assisting the providers, hospitals,
and pharmacies to modify their practices and techniques to avoid error, and any
other relevant topics; provided further, that the board shall submit the report
to the general court, house and senate committees on ways and means and the
joint committee on health care financing and the joint committee on public
health by January 4, 2006 and shall make the compilation widely available,
including by electronic means, to the public; and provided further, that the
board shall promulgate rules and regulations to coordinate their patient care
assessment program with the boards of nursing and pharmacy..................$2,183,272
4510-0725
For the costs of personnel, administration, public
information advertising and other expenses of certain health boards of
registration, including the boards of registration in dentistry, nursing home
administrators, physician assistants, perfusionists, and respiratory care...............................$408,742
4510-0726
The board of registration in medicine, including the
physician profiles program, may expend revenues not to exceed $300,000 from new
revenues associated with increased license and renewal fees.....................$300,000
4510-0790
For regional emergency medical services; provided,
that no funds shall be expended in the AA object class for any
personnel-related costs; provided further, that the regional emergency medical
services councils, designated as such in accordance with 105 CMR 170.101 and
the C-MED communications as of January 1, 1992, shall remain the designated
councils and C-MEDs; provided further, that the department shall report
quarterly on the number of investigations of ambulance services performed by
said inspectors and by inspectors funded in items 4510-0710 and 4510-0712 as
well as the number of investigations pending at the end of each quarter and the
reasons therefore; and provided further, that the department, in conjunction
with the regional emergency services councils, notwithstanding section 27C of chapter 29 of the General Laws to the contrary, shall promulgate regulations to
ensure that all basic, intermediate, and paramedic emergency medical
technicians are certified to use and have available epinephrine for the
emergency treatment of anaphylaxis.............$1,246,896
4510-0810
For a statewide sexual assault nurse examiner program
and for the care of victims of sexual assault; provided, that the program shall
be established by the department to operate under specific statewide protocols
and by an on-call system of nurse examiners............$1,740,626
4510-0820
For a statewide pediatric sexual assault nurse
examiner program and for the care of victims of sexual assault; provided, that
the program shall be established by the department to operate under specific
statewide protocols and by an on-call system of nurse examiners ....................$1,000,000
4512-0103
For acquired immune deficiency syndrome services and
programs; provided, that no funds shall be expended in the AA object class for
any personnel-related costs; provided further, that no funds shall be
transferred into the AA object class; provided further, that particular
attention shall be paid to direct the funding proportionately amongst each of
the demographic groups afflicted by HIV/AIDS; provided further, that funds
shall be expended for rental housing subsidies for the purposes of preventing
admissions to acute hospitals, chronic hospitals and nursing homes for persons
with acquired immune deficiency syndrome; provided further, that the department
may contract for the administration of this program; provided further, that the
costs of this administrative contract shall not be expended from this item;
provided further, that rents payable by tenants shall not be less than 30 per
cent of total household income if heat and cooking fuel are provided by the
landlord and shall not be less than 25 per cent of total household income if
heat and cooking fuel are not provided; provided further, that no funds shall
be expended for subsidies for housing units in excess of the number of units
funded on June 30, 1991; provided further, that the department shall not enter
into any new housing contracts or expend funds for such new contracts in fiscal
year 2006 that would fund units in excess of the number of units funded on June
30, 2005; provided further that not less than $100,000 shall be expended for
the Springfield Public Health Department; provided further, that funds shall be
expended for the HIV/AIDS Case Management Program at the Haitian Multi-Service
Center in the Dorchester section of the city of Boston; and provided further,
that no funds from this item shall be expended for disease research in fiscal
year 2006...............$35,553,770
4512-0106
The department of public health may expend not more
than $1,900,000 from revenues received from pharmaceutical manufacturers
participating in the section 340B
rebate program administered by the federal health resources and services
administration and office of drug pricing............$1,900,000
4512-0200
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the division of substance abuse services,
including a program to reimburse driver alcohol education programs for services
provided for court adjudicated indigent clients; provided, that no funds shall
be expended in the AA object class for any personnel-related costs; provided
further, that not less than $45,000 shall be expended in grants for the
Framingham Coalition for the Prevention of Drug and Alcohol abuse; provided
further, that not less than $90,000 shall be expended for Franklin Medical
Center's Beacon Recovery program at the Orange Recovery House; provided
further, that not less than $99,000 shall be expended for Self Esteem Boston
substance abuse direct service prevention programs and provider training
programs; provided further, that not less than $650,350 shall be expended for a
contract with STEP, Inc., for sobriety treatment, education and prevention;
provided further, that not less than $99,925 shall be expended for Latinas y
Ninos to attend to the needs of Latino women in recovery with a focus on
pregnant women, new parents and mothers recently reunified with children;
provided further, that not less than $100,000 shall be expended for a contract
with the Bay Cove Human Services, Inc.?
for the purposes of establishing an independent licensed halfway house
in the Charlestown neighborhood of Boston, in collaboration with the
Charlestown Recovery House, Inc.? for
persons in recovery from alcoholism and chemical dependency; provided further,
that $75,000 shall be expended to establish an Opiate Abuse Prevention and
Intervention Program for Youth in the City of Melrose; provided further, that
not less than $50,000 shall be expended to REACH, formerly known as the Waltham
Support Committee for Battered Women; provided further, that not less than
$50,000 shall be expended for the Louis D.?
Brown Peace Institute for homicide victims' family support services and
anti-violence advocacy programs; provided further, that not less than $250,000
shall be expended for the Latino After School Initiative; provided further,
that not less than $75,000 shall be expended for the Tynan Community Centers
Adolescence Wellness Program in the South Boston section of City of Boston;
provided further, that not less than $125,000 shall be expended for the
operation of the Barnstable Action for New Directions (BAND) program
facilitated by Gosnold Society of Cape Cod Inc.?
in conjunction with the Barnstable district court and the Cape and Islands
district attorney; provided further, that not less than $200,000 shall be
provided to the Boston municipal court and other district courts to fund
treatment coordinators for the drug court program to treat nonviolent,
substance-abusing offenders; provided further, that not less than $833,000
shall be expended for the Volunteers of America Rebound Youth Residential
Recovery Program at Long Island Hospital in the city of Boston for substance
abuse and rehabilitation services to youths with addictions; provided further,
that not less than $90,000 shall be expended for a batterer prevention program
in the city of New Bedford; provided further, that not less than $100,000 shall
be expended for the maintenance and operation of the Intensive Outpatient
Program at the South Boston Collaborative for the purposes of responding to
adolescent suicide clusters and drug abuse in the South Boston section of the
City of Boston; provided further, that not less than $961,324 shall be expended
to Gavin Foundation for a male adolescent residential facility for substance
abuse and rehabilitation services and for an adjoining female adolescent
residential facility for substance abuse and rehabilitation services, totaling
28 beds located in the South Boston section of the City of Boston; provided
further, that not less than $319,500 shall be expended for a contract with
Gavin Foundation, Inc.? to provide a
Total Immersion Program in conjunction with the Probation Department of the
South Boston Division of the district courts, the Quincy Division of the
district courts, the Somerville Division of the district courts, the Hingham
Division of the district courts, the Brighton Division of the district courts,
and other district courts and that the funding shall be expended for the maintenance
of a training program by the Gavin Foundation for a statewide Total Immersion
Program; provided further, that the Gavin Foundation shall be contracted to
provide Total Immersion Programs stated herein; provided further, that not less
than $100,000 shall be expended on the Russian Teens-at-Risk program operated
by the Jewish Family Children's Service in the cities of Boston and Lynn and
the town of Brookline; provided further, that not less than $50,000 be expended
for teens through programs provided by the Ashland Recreational Department;
provided further, that not less than $150,000 shall be expended for the New
Beginnings program; provided further, that not less than $200,000 shall be
expended for the Link House, Inc.? in the
town of Salisbury for purposes of establishing transitional housing for women
in recovery from substance abuse; provided further, that the amount of $150,000
shall be expended for the Northern Educational Services, Inc., so-called,
outreach and prevention program in Springfield; provided further, that not less
than $60,000 shall be provided to Project COPE, Inc.? in Lynn for the prevention and education of
the problems associated with OxyContin and Heroine use; provided further, that
not less than $100,000 shall be expended for the Winchester Substance Abuse
Coalition in the town of Winchester; and provided further, that not less than
$500,000 shall be expended for an opiate education and counseling competitive
grant program in Suffolk county....................$47,599,186
4512-0225
The department of public health may expend not more
than $654,942 for a compulsive gamblers' treatment program from unclaimed prize
money held in the State Lottery Fund for more than 1 year from the date of the
drawing when the unclaimed prize money was won, and from the proceeds of a
multi-jurisdictional lottery game under subsection (e) of section 24A of chapter 10 of the
General Laws; provided, that the state comptroller shall transfer the amount to
the General Fund.......................$654,942
4512-0500
For dental health services; provided, that no funds
shall be expended in the AA object class for any personnel-related costs;
provided further, that of the amount appropriated in this item, funds shall be
expended to maintain a program of dental services for the developmentally disabled;
provided further, that not less than $122,000 shall be allotted to the Taunton
Oral Health Clinic in the city of Taunton for the basic dental needs of
moderate and low income residents of Southeastern Massachusetts; and provided
further, that the department shall submit to the house and senate committees on
ways and means a quarterly report on the number of children served by this
dental health services program and the number of children waiting to be served
by the program.............$1,678,150
4513-1000
For the operation of the bureau of family health
services; provided, that no funds shall be expended in the AA object class for
any personnel-related costs; provided further, that funds shall be expended on
family planning clinics, rape crisis centers and primary care services for
women and children; provided further, that not less than $450,000 shall be
directed to community health centers to provide maternal-child health services
through combined primary care; provided further, that not less than $50,000
shall be expended for the Molly Bish Institute for Child Safety at Mount
Wachusett Community College; provided further, that $50,000 shall be expended
for Falmouth Family Planning; provided further, that not less than $158,000
shall be expended for the public health model of community engagement and
intervention for sexual violence and intimate partner violence in the
homosexual male community; provided further, that not less than $800,000 shall
be expended on the Refugees and Immigrant Safety and Empowerment program;
provided further, that not less than $200,000 shall be expended for ROCA,
Inc.? for outreach and youth development
for at-risk youth and young adults in Chelsea, Revere, and East Boston; and
provided further, that of the amount appropriated in this item, funds may be
expended for rape prevention and victim services, including the statewide
Spanish language hotline for sexual abuse, family planning services, the
Northeastern University conflict resolution program, Latinas y Ninos and
statewide suicide and violence prevention outreach to gay and lesbian youth .........................................................$9,240,196
4513-1002
For women, infants and children's (WIC) nutrition
services in addition to funds received under the federal nutrition program;
provided, that no funds shall be expended in the AA object class for any
personnel-related costs; provided further, that all new WIC cases, in excess of
fiscal year 1991 caseload levels, shall be served in accordance with priority
categories 1 through 7, as defined by the state WIC program; and provided further,
that not less than $680,000 shall be expended for the Growth and Nutrition
Program.......................................$12,859,601
4513-1010
The department of public health may expend not more
than $3,500,000 in revenue received from the collection of federal financial
participation for early intervention services delivered to medicaid-eligible
children by developmental educators and professionals in related disciplines;
provided, that nothing in this item shall give rise to or shall be construed as
giving rise to enforceable legal rights to any such services or an enforceable
entitlement to the services funded in this item; and provided further, that the
revenue may be used to pay for current and prior year claims ........................$3,500,000
4513-1012
The department of public health may expend not more
than $24,076,000 from revenues received from the federal cost-containment
initiatives including, but not limited to, infant formula rebates and Northeast
Dairy Compact reimbursements; provided, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system.................$24,076,000
4513-1020
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For the early intervention program; provided, that no
funds shall be expended in the AA object class for any personnel-related costs;
provided further, that the department shall report quarterly to the house and
senate committees on ways and means the total number of units of service
purchased and the total expenditures for the units of service paid by the
department, the executive office of health and human services, and by third
party payers for early intervention services for the following services
categories: home visit,
center-based individual, child-focused group, parent-focused group, screening,
and assessment; provided further, that the department shall make all reasonable
efforts to secure third party and Medicaid reimbursements for the services
funded in this item; provided further, that funds from this item shall be
expended for a reserve to provide respite services to families of children
enrolled in early intervention programs who have complex care requirements,
multiple disabilities and extensive medical and health needs; provided further,
that priority shall be given to low and moderate income families; provided
further, that the department shall submit to the house and senate committees on
ways and means a report on the number of families served by the program and the
amount of funds appropriated in this item granted to qualified families not
later than February 1, 2006; provided further, that no claim for reimbursement
made on behalf of an uninsured person shall be paid from this item until the
program receives notice of a denial of eligibility for the MassHealth program
from the executive office of health and human services; provided further, that
not less than $1,000,000 shall be expended for the provision of cost
reimbursement funding to certified Early Intervention Programs; and provided
further, that nothing stated in this item shall give rise to or shall be
construed as giving rise to enforceable legal rights to any such services or an
enforceable entitlement to the early intervention services funded in this item....$30,840,024
4513-1023
For the costs associated with the implementation of
the universal newborn hearing program; provided, that no funds shall be
expended in the AA object class for any personnel-related costs; and provided
further, that the funds appropriated in this item shall be expended for the
notification of and follow through with affected families, primary care
providers and early intervention programs upon the department's receipt of data
indicative of potential hearing disorders in newborns......................$83,060
4513-1026
For the provision of statewide and community-based
suicide prevention, intervention, postvention, and surveillance activities and
the implementation of a statewide suicide prevention plan ........................$500,000
4513-1112
For a prostate cancer screening, education and
treatment program; provided, that screening, education and treatment shall have
a particular focus on the high rate of prostate cancer among African American
males; and provided further, that no funds shall be expended in the AA object
class for any personnel-related costs....................$1,300,000
4513-1113
For a program to raise public awareness and provide
health care provider education on colorectal cancer, including dissemination of
materials on preventing and screening the disease and cancer registry
reporting; provided, that no expenditures shall be made from this item in the
AA object class for any personnel-related costs..........................$185,000
4513-1114
For the purposes of the Hepatitis C program, including
mitigating the effects of Hepatitis C; provided, that no funds shall be
expended in the AA object class for any personnel-related costs; provided
further, that funds shall be expended to increase public awareness and provide
health care provider information; provided further, that awareness efforts
shall be presented in multiple languages and in a culturally appropriate manner
where applicable; provided further, that hepatitis C prevention, counseling and
testing and case management services shall be integrated into existing
substance abuse, HIV/AIDS and STD service programs; and provided further, that
funds in this item shall supplement, and not supplant, funding for such
purposes in item 4580-1000....................$562,876
4513-1115
For a multiple sclerosis screening, information,
education and treatment program; provided, that no state employees shall be
paid from this item; and provided further, that funds appropriated in this item
shall be expended for the Multiple Sclerosis Home Living Independently Navigating
Key Services program administered by the Central New England Chapter of the
National Multiple Sclerosis Society to maximize matching dollars from the
Society, to be used exclusively for the purposes of the program....................................................................$162,368
4513-1121
For a statewide STOP stroke program; provided, that
this program shall expend funds to educate the public and providers, including
emergency medical systems personnel, medical dispatchers and fire and police
department personnel and out-patient facilities intake and discharge personnel,
about the warning signs of stroke, the recognition of stroke symptoms, and the
importance of timely and appropriate acute care treatment; provided further,
that this program shall expend funds, as appropriate, to support initiatives
related to primary stroke services regulations throughout all regions of the
commonwealth, such as telemedicine infrastructure, community education efforts,
or other needed supports; provided further, that the department shall
coordinate such program with any ongoing federally-funded statewide efforts,
including any program funded by federal cardiovascular health initiative
grants; and provided further, that the program shall seek to maximize, through
grant development or public-private partnerships, available sources of funding
to accomplish the goals of the program........$300,000
4516-0263
The department of public health may expend not more
than $1,486,551 in revenues from various blood lead testing fees collected from
insurers and individuals, for the purpose of conducting such tests; provided,
that notwithstanding any general or special law to the contrary, for the
purpose of accommodating timing discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate therefor as reported in the
state accounting system.........$1,486,551
4516-1000
For the administration of the center for laboratory
and communicable disease control, including the division of communicable
venereal diseases, the division of tuberculosis control and the state
laboratory institute; provided, that the department shall give priority to the
analysis of samples used in prosecution of controlled substances offenses;
provided further, that funds shall be expended for an eastern encephalitis
testing program and for tuberculosis testing and treatment services; provided
further, that no funds appropriated in this item shall be expended for
administrative, space or energy expenses of the department not directly related
to personnel or programs funded in this item; provided further, that funds from
this item may be expended for the purchase of equipment for the drug laboratory
at the state laboratory institute; provided further, that not less than
$240,000 shall be expended for the maintenance of the statewide rabies control
program coordinated by the department of public health providing assistance to
cities, towns and the public, and for the interagency collaboration through the
rabies advisory committee, the 24-hour epidemiological and clinical
consultation for rabies exposures, the rapid laboratory diagnostic services;
provided further, of the $240,000, not less than $150,000 shall be expended for
the continuation of the Oral Rabies Vaccine Project on Cape Cod operated
through a contract with Tufts University School of Veterinary Medicine in
collaboration with the federal Centers for Disease Control and Prevention; and
provided further, that funds from this item may be expended for the purpose of
an interagency service agreement with the University of Massachusetts Medical
School for the department's share of the cost of occupancy, including the cost
of facility support personnel, for the state laboratory institute ...............$10,277,658
4516-1022
The department may expend not more than $300,000
generated by fees collected from insurers for tuberculosis tests performed at
the state lab; provided, that revenues collected may be used to supplement the
costs of the state lab; and provided further, that for the purpose of
accommodating discrepancies between the receipt of retained revenues and
related expenditures, the department may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system..........$300,000
4518-0200
The department may expend not more than $261,687
generated by fees collected from the following services provided at the
registry of vital records and statistics: amendments of vital records, all requests for vital records not issued
in person at the registry and research requests performed by registry staff at
the registry; provided, that revenues so collected may be used for all program
costs, including the compensation of employees; and provided further, that for
the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system............$261,687
4530-9000
The Legislature overrode the Governor's disapproval
The Governor has reduced this item.
For teenage pregnancy prevention services; provided,
that no funds shall be expended in the AA object class for any personnel-related
costs; provided further, that applications for such funds shall be administered
through the department upon receipt and approval of coordinated community
service plans to be evaluated in accordance with guidelines issued by the
department; provided further, that portions of the grants may be used for state
agency purchases of designated services identified by said community service
plans; provided further, that not less than $477,643 shall be expended on those
communities with the highest teen birth rates; provided further, that $100,000
shall be expended for teen pregnancy prevention services in the town of Orange;
provided further, that not less than $150,000 shall be expended for the
Berkshire Coalition to Prevent Teen Pregnancy program in Berkshire County;
provided further, that not less than $250,000 shall be expended for the
abstinence-based teen pregnancy prevention programs in the cities of North
Adams and Pittsfield; provided further, that of said $250,000, not less than
$125,000 shall be expended for said program in the city of Pittsfield; provided
further, that the department shall contract directly with vendors of teenage
pregnancy prevention services; provided further, that not less than $15,000
shall be provided to Girls, Inc.? of Lynn
for teen pregnancy prevention; and provided further, that not less than
$100,000 shall be expended for teen pregnancy prevention services in the city
of Springfield.........$2,000,000
4570-1500
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For an early breast cancer detection program,
mammographies for the uninsured, and a breast cancer detection public awareness
program; provided, that no funds shall be expended in the AA object class for
any personnel-related costs; and provided further that not less than $107,500
shall be expended for Silent Spring Institute to complete the Household
Exposure Study.........................$3,392,333
4580-1000
For the universal immunization program and the
purchase and distribution of the pneumococcal conjugate vaccine; provided, that
no funds shall be expended in the AA object class for any personnel-related
costs; and provided further, that no funds appropriated in this item shall be
expended for administrative or energy expenses of the department not directly
related to programs funded in this item ............................$29,071,508
4590-0250
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language and inserted other language in its place.
For school health services and school-based health
centers in public and non-public schools; provided, that no funds shall be
expended in the AA object class for any personnel-related costs; provided
further, that services shall include, but not be limited to: (1) strengthening the infrastructure of school health
services in the areas of personnel and policy development, programming, and
interdisciplinary collaboration; (2) developing linkages between school health
services programs and community health providers, and (3) incorporating health
education programs, including tobacco prevention and cessation activities in
school curricula and in the provision of school based health services and (4)
incorporating obesity prevention programs, including nutrition and wellness
programs in school curricula to address the nutrition and lifestyle habits
needed for healthy development; provided further, that not less than $350,000 shall be expended for the governor's commission on gay and lesbian youth;? provided further, that not less than
$12,000,000 shall be expended for school nurses and school based health
centers; provided further, that not less than $200,000 shall be expended for
Berkshire Area Health Education Center, Inc.?
for support and implementation of model community coalitions and
community capacity building activities; and provided further, that the services
shall meet standards and eligibility guidelines established by the department
of public health in consultation with the department of education; and provided
further, that $99,000 shall be expended for the H.E.L.P.? program for black male health; provided
further, that not less than $150,000 shall be expended to create the Childhood
Obesity-School Nutrition Pilot Project, within the department of public health
to initiate or maintain school lunch programs focused on diminishing the
epidemic of childhood obesity; provided further, a public school seeking to
institute or maintain a school nutrition program designed to reduce childhood
obesity as part of its school lunch program, may apply to the department for a
grant, not to exceed $10,000 per school per year; provided further, that the
application shall indicate the various nutritional and educational steps the
school plans to follow as part of its plan, as well as a method for measuring
results; and provided further, that grant applications and other appropriate
criteria shall be determined and reviewed by the department ........................................$14,718,309
4590-0300
For smoking prevention and cessation programs;
provided, that no funds shall be expended in the AA subsidiary for any
personnel-related costs...........................$4,250,000
4590-0912
The department may expend an amount not to exceed
$14,630,014 from reimbursements collected for western Massachusetts hospital
services, subject to the approval of the commissioner of public health;
provided, that such revenues may be expended for the purpose of
hospital-related costs, including personnel, capital expenditures, DD object
class chargebacks and motor vehicle replacement; provided further, that all
revenues expended shall be pursuant to schedules submitted to the secretary of
administration and finance and the house and senate committees on ways and
means; provided further, that notwithstanding any general or special law to the
contrary, the western Massachusetts hospital shall be eligible to receive and
retain full reimbursement from the medical assistance program of the executive
office of health and human services; provided further, that notwithstanding any
general or special law to the contrary, the western Massachusetts hospital
shall reimburse the General Fund for a portion of employee benefit expenses,
according to a schedule submitted by the commissioner of public health and
approved by the secretary for administration and finance; provided further,
that such reimbursement shall not exceed 10 per cent of total personnel costs
for the hospital; provided further, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system; and
provided further, that no funds appropriated herein shall be expended for
administrative, space or energy expenses of the department not directly related
to personnel or programs funded herein......................$14,630,014
4590-0913
For the department of public health Lemuel Shattuck
hospital, for the purposes of funding expenses for services provided to inmates
of county correctional facilities which have privatized medical care; provided,
that the department may expend not more than $500,000 in revenues collected
from private medical vendors; and provided further, that for the purpose of
accommodating discrepancies between the receipt of retained revenues and
related expenditures, the department may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system....................................$500,000
4590-0914
The Legislature overrode the Governor's disapproval
The Governor has reduced this item and struck out certain language.
For a 3-year pilot program to promote the long term
stability of direct care staffing and delivery of high quality care at the 4
public health hospitals by promoting the recruitment, retention and career
advancement of direct care staff at said hospitals; provided, that the program
may rely upon career path incentives, tuition and fee reimbursement, the
purchase of training materials and contracted in-service training, internships
and fellowships, web-based programs, agreements among said hospitals with the
Commonwealth's public schools of nursing, and any other efforts that facilitate
the pursuit of clinical competencies, higher degrees and advanced licensure,
leadership and management skills, and other masteries that stabilize and
enhance the delivery of patient care at the hospitals; provided further, that
direct care employees of the departments of public health and mental health on
the campuses of Lemuel Shattuck hospital, Tewksbury hospital, Western
Massachusetts Hospital and the Massachusetts Hospital School shall be eligible
for the program established in this section; provided further, that contracts
of not less than 2 years' service at any of the hospitals shall be required of
any direct care staff person benefiting from tuition reimbursement or other
payment toward a degree from an institution of higher education funded by this
item; provided further, that the program shall be managed by the hospital
bureau of the department and may employ a program coordinator; provided
further, that not more than $180,000 of the amount appropriated in this item
may be expended for the salary and expenses of the program coordinator;
provided further, that not more than $60,000 shall be expended for this purpose
in any given year; provided further, that no expenditure shall be made from
this item for the purpose of supplementing the wages paid to any such direct
care staff; provided further, that the program shall file not less than 60 days
before the end of the fiscal year a report summarizing objectives, strategies
and achievements of the prior year; provided further, that the report shall
make recommendations relative to the transferability of said accomplishments
for implementation at other state-operated direct care facilities; and provided
further, that the funds appropriated in this item shall be made available for
expenditure through June 30, 2008...................$1,600,000
4590-0915
For the maintenance and operation of Tewksbury state
hospital, Massachusetts hospital school, Lemuel Shattuck hospital, and for the
hospital bureau, including the state office of pharmacy services; provided,
that all revenue generated by the hospitals shall be credited to the General
Fund; provided further, that no funds appropriated in this item shall be
expended for administrative, space or energy expenses of the department not
directly related to personnel or programs funded in this item; provided
further, that Tewksbury state hospital shall not be used to house county,
state, or other prisoners; provided further, that the department shall take no
action to reduce or realign the client population and services at Tewksbury
hospital unless such action results in alternative service delivery in an
appropriate and cost-effective method of care; provided further, that staffing
configurations at Tewksbury hospital shall be consistent with the client
population and service realignment; provided further, that Tewksbury hospital
shall expend not less than $2,000,000 for the purpose of executing the Plan of
Correction submitted by the department to the Center for Medicare and Medicaid
Services; provided further, that not less than $1,000,000 shall be expended for
capital needs of the hospitals; provided further, that $1,400,000 shall be made
available for the purchase of medical and other equipment for the hospitals,
including the Western Massachusetts hospital, pursuant to a schedule detailing
the priority needs of each such hospital; provided further, that said schedule
shall be filed by the hospital bureau with the house and senate committees on
ways and means not later than September 1, 2005; provided further, that no such
expenditures shall be made prior to the filing of the schedule; provided
further, that the schedule shall be updated within 6 months of?
filing to reflect any changes made to those priorities; provided
further, that upon making final expenditures from the amount appropriated in
this item, the schedule shall be updated to reflect actual purchases and be
accompanied by a 5 year equipment replacement and upgrade plan; provided
further, that $275,000 shall be made available for the second of 6 annual TELP
payments for a CT scanner procured for Lemuel Shattuck hospital; provided
further, that reimbursements received for medical services provided at the
Lemuel Shattuck hospital to inmates of county correctional facilities not
managed by private health care vendors shall be credited to item 4590-0903 of
section 2B; and provided further,
that notwithstanding any general or special law to the contrary the department
shall seek to obtain federal financial participation for care provided to
inmates of the department of correction and of county correctional facilities
who are treated at the public health hospitals..............$120,205,305
Department of Social Services
4800-0015
For central and area office administration; provided,
that the associated expenses of employees whose AA object class costs are paid
from item 4800-1100 shall be paid from this item; provided further, that no
funds shall be expended from this item for the compensation of unit 8
employees; provided further, that the department shall not place a child or
adolescent referred by or discharged from the care of the department of mental
health until the latter department forwards an assessment and recommendation as
to whether the child or adolescent may be appropriately placed in foster care
or, if due to severe emotional disturbance, is more appropriate for group care;
provided further, that the department, in consultation with the department of
mental health, shall establish guidelines to assist the latter department in
making such assessments and recommendations; provided further, that unless
otherwise authorized, all funds including federal reimbursements received by
the department shall be credited to the General Fund; and provided further, not
less than $1,000,000 shall be expended to hire additional staff needed to bring
the department into compliance with regulations regarding foster care
licensing, CORI checks, fair hearings, and any other finding of the April 14,
2005 audit.......................................$69,604,798
4800-0016
The department of social services may expend for the
operation of the transitional employment program an amount not to exceed
$2,000,000 from revenues collected from various state, county, or municipal
government entities, as well as state authorities, for the costs related to the
provision of services by the participants and the overhead costs and expenses
incurred by the not for profit managing agent selected by the commissioner for
administering the program; provided, that notwithstanding any general or
special law to the contrary, the commissioner of social services may enter into
a contract with Roca, Inc., a not for profit community based agency, to manage
the transitional employment program and to provide services to participants
from the ageing out population, parolees, probationers, youth service
releasees, or other community residents considered to have employment needs.....................$2,000,000
4800-0025
For foster care review services............................................$2,688,606
4800-0036
For a sexual abuse intervention network program to be
administered in conjunction with the district attorneys; provided, that each
district attorney shall receive not less than the amount it received in the
previous fiscal year for the sexual abuse intervention program........................................$736,272
4800-0038
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For stabilization, unification, reunification,
permanency, adoption, guardianship, and foster care services provided by the
department of social services; provided, that services funded through this item
shall include shelter services, substance abuse treatment, family reunification
networks, young parent programs, parent aides, education and counseling
services, family preservation services, foster care, adoption and guardianship
subsidies, tiered reimbursements used to promote the foster care placement of
children with special medical and social needs, assessment of the
appropriateness of adoption for children in the care of the department for more
than 12 months, protective services provided by partnership agencies, targeted
recruitment and retention of foster families, respite care services,
post-adoption services, support services for foster, kinship and adoptive
families and juvenile firesetter programs; provided further, that any child who
would have been eligible for a clothing benefit under regulations in place on
January 1, 2005 shall receive a clothing benefit in fiscal year 2006; provided
further, that not less than $7,000,000 shall be expended to ease the transition
of certain children from group care into community settings; provided further,
that these children shall receive the services necessary for their care and
protection during the transition; provided further, that the department shall
report to the house and senate committees on ways and means and the joint
committee on children and families by March 15, 2006 on the utilization of the
transitional funds and the progress of the implementation of the department's reprocured
system of care; provided further, that not less than $2,200,000 shall be
expended for the Young Parent Support Program; provided further, that not less
than $500,000 shall be expended on the recruitment and retention of foster
parents;? provided further, that not
later than February 17 of the current fiscal year the department shall provide
to the house and senate committees on ways and means a recommendation on
whether or not to discontinue any program, including earmarked programs, the
cost of which,? per unit of service or
service outcomes, do not fall within a reasonable standard; provided further,
that not less than $348,850 shall be expended for Latinas y Ninos and Casa
Esperanza; provided further, that not less than $300,000 shall be expended for
Summerhill House in Norwood; provided further, that not less than $298,000
shall be expended for alternative schools for students aged 14 to 16,
inclusive, who are placed before the court on child in need of services
petitions in region 6; provided further, that not less than $295,000 shall be
expended for Massachusetts Families for Kids; provided further, that not less
than $257,000 shall be expended for a contract for an integrated family
services team in region 6; provided further, that not less than $257,000 shall
be expended for the Laboure Center in South Boston; provided further, that not
less than $250,000 shall be expended on a juvenile firesetters program;
provided further, that not less than $200,000 shall be expended for a statewide
contract with Northeastern University for a violence prevention and conflict
resolution program; provided further, that not less than $200,000 shall be
expended to support the family center component of the Greater Lowell Family
Resource Center; provided further, that not less than $150,000 shall be
expended in region 1 for a community-based family unification counseling
program to prevent juvenile delinquency; provided further, that not less than
$150,000 shall be expended for a contract with Julie's Family Learning program
in the South Boston section of the city of Boston; provided further, that not
less than $140,000 shall be expended for the Comprehensive School Age Parenting
Program, Inc.? for expansion of a
year-round school-based program in Boston high schools and middle schools for
pregnant teens, young mothers and fathers and other youth at high-risk for
school dropout; provided further, that not less than $130,000 shall be expended
for the Children's Cove Cape and Islands Child Advocacy Center; provided further,
that not less than $104,123 shall be expended on the Teen Parenting program at
Framingham High School; provided further, that not less than $100,000 shall be
expended for the operation of the Healthy Families program; provided further,
that not less than $100,000 shall be expended for North End Outreach Network of
Springfield; provided further, that not less than $100,000 shall be expended
for Alive with Awareness, Knowledge and Empowerment of Springfield; provided
further, that not less than $100,000 shall be expended for a family
re-unification program operated by Aid to Incarcerated Mothers to maintain
strong parent-child relationships during a mother's incarceration; provided
further, that not less than $100,000 shall be expended for the South End Community
Center of Springfield, Inc.; provided further, that not less than $60,000 shall
be expended by the Framingham office of the department of social services for
the Metrowest Campership program operated by the Ashland youth advisory board;
provided further, that not less than $50,000 shall be expended for
Multicultural Alzheimer's Services Project in Springfield; provided further,
that not less than $50,000 shall be expended for the purpose of providing case
management services for the Amity Transitional Housing program in the city of
Lynn; provided further, that not less than $45,000 shall be expended for a
contract with Big Brothers and Sisters of Cape Cod and the Islands; provided
further, that not less than $25,000 shall be expended for Concilio Hispano in
Somerville; provided further, that not less than $20,000 shall be expended for
the Haitian Coalition of Somerville; provided further, that not less than
$20,000 shall be expended for the Massachusetts Association of Portuguese
Speakers in Cambridge; and provided further, that not less than $15,000 shall
be expended for a contract with child and family services of Cape Cod for the
court diversion program............$272,741,996
4800-0041
The Governor has disapproved of certain language.
For group care services; provided, that funds may be
expended from this item to provide intensive community based services to
children who would otherwise be placed in residential settings; provided
further, that the department shall form area review teams that shall evaluate
the feasibility of maintaining the child in the community in this manner
wherever possible before recommending placement in a residential setting; and
provided further, that the department shall provide quarterly reports detailing
the number of children diverted from residential settings, the programs in
which they were placed, the associated cost savings from the diversion and any
other measurements that would help assess the success of these programs in
promoting the health and well-being of children.............$235,944,538
4800-0091
The department of social services may expend not more
than $3,000,000 in federal reimbursements received under Title IV-E of the
Social Security Act during fiscal year 2006 for the purposes of developing a
training institute for professional development of social workers at the department
of social services, with the University of Massachusetts Medical School and
Salem State College; provided, that for the purposes of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system; provided
further, that notwithstanding section 1
or any other general or special law to the contrary, federal reimbursements
received in excess of $3,000,000 shall be credited to the General Fund;
provided further, that no funds shall be expended from this item for
lease-purchases or the Family-Net System; and provided further, that not more
than $50,000 may be expended for information technology purchases needed for
the institute........................$3,000,000
4800-0151
For a program to provide alternative overnight
nonsecure placements for status offenders and nonviolent delinquent youths up
to the age of 17 in order to prevent the inappropriate use of juvenile cells in
police stations for such offenders, in compliance with the federal Juvenile
Justice and Delinquency Prevention Act of 1974; provided, that the programs
which provide such alternative nonsecure placements shall collaborate with the
appropriate county sheriff's office to provide referrals of those offenders and
delinquent youths to any programs within the sheriff's office designed to
positively influence youths or reduce, if not altogether eliminate, juvenile
crime..............................$310,743
4800-1100
For the AA object class costs of the department's
social workers; provided, that funds shall be directed toward mitigating social
worker caseloads in those area offices furthest above the statewide weighted
caseload standard and toward achieving a social worker caseload ratio of 18 to
1 statewide; provided further, that the department shall report monthly to the
house and senate committees on ways and means on the current social worker
caseloads by type of case and level of social worker assigned to cases, the
caseload ratio of each social worker with a caseload ratio in excess of 18 to
1, the office in which each of the social workers works and the total number of
social workers in excess of the 18 to 1 ratio by region; provided further, that
only employees of bargaining unit 8 as identified in the Massachusetts
personnel administrative reporting and information system shall be paid from
this item; and provided further, that any other payroll or administrative
expenses associated with the management or support of such employees shall be
paid from item 4800-0015..............$136,297,301
4800-1400
For shelters and support services for people at risk
of domestic violence; provided, that the department shall pursue the
establishment of public-private partnership agreements established for family
stabilization services funded from sources other than the commonwealth;
provided further, that services shall include supervised visitation programs,
certified batterer intervention programs for indigent batterers and their
families, and scattered site transitional housing programs, including programs
to assist victims of domestic violence in finding and maintaining permanent
housing; provided further, that participants in battered women's programs shall
be provided with information regarding local transitional housing resources;
provided further, that funding shall be made available to enhance counseling
services for children who have witnessed domestic violence; provided further,
that funding shall be made available for emergency shelters for substance
abusing battered women; provided further, that funding shall be made available
for a statewide domestic violence hotline; provided further, that the
department shall continue to provide any match funding required by federal
program? regulations; provided further,
that not less than $1,037,000 shall be expended for the YWCA Battered Women's
shelter in Springfield; provided further, that not less than $90,000 shall be
expended for the New England Learning Center for Women in Transition Survivor's
Project in Berkshire, Hampden, Franklin and Hampshire counties; provided
further, that not less than $75,000 shall be expended for a domestic violence
prevention program called Teens-At-Risk, operated by Portal of Hope for the
communities of Everett, Lynn, Malden and Medford; provided further, that not
less than $60,000 shall be expended for the Planned Learning Achievement for
Youth program in Amherst, in collaboration with the department of education
through an interagency service agreement; provided further, that not less than
$50,000 shall be expended for the On the Rise shelter for homeless women in the
city of Cambridge; provided further, that not less than $15,000 shall be
expended for the Words not Weapons mentoring project in Saugus; provided
further, that not less than $10,000 shall be expended for the Melrose Alliance
Against Violence; provided further, that not less than $10,000 shall be
expended for the domestic abuse response team which serves the Ipswich district
court; and provided further, that domestic violence prevention specialists
shall be funded from this item ............................................$20,867,496
Department of Mental Health
5011-0100
For the operation of the department; provided, that
the department shall not refer or discharge a child or adolescent to the
custody or care of the department of social services until the department of
mental health forwards its assessment and recommendation as to whether the
child or adolescent is appropriate for foster care or, if due to severe
emotional disturbance, is more appropriate for group care ...................$37,144,330
5042-5000
The Governor has disapproved of certain language.
For child and adolescent services, including the costs
of psychiatric and related services provided to children and adolescents,
determined to be medically ready for discharge from acute hospital units or
mental health facilities and who are experiencing unnecessary delays in being
discharged due to the lack of more appropriate settings; provided, that for the
purpose of funding those services, the commissioner of mental health may
allocate funds from the amount appropriated in this item to other departments
within the executive office of health and human services; provided further,
that the department shall submit a report to the house and senate committees on
ways and means not later than January 16, 2006 on the results of the
collaboration between the department and the other departments within the
executive office of health and human services; provided further, that the
report shall detail the current status of the implementation of clinically
appropriate service models for that population of children and adolescents,
remaining disparities in the service system which require children and
adolescents to be served in unnecessarily restrictive or otherwise clinically
inappropriate settings and changes during fiscal years 2004 and 2005 in the
clinical acuity of children and adolescents; provided further, that not less
than $2,500,000 shall be expended for the Child Psychiatric Access project; and
provided further, that not less than $1,800,000 shall be expended from this
item in fiscal year 2006 to ensure that a licensed practitioner or a licensed
nurse administers medication to children and adolescents whose mental health
services are delivered by public or private providers of such services...............$71,419,901
5046-0000
The Governor has disapproved of certain language.
For adult mental health and support services;
provided, that the department shall allocate funds in an amount not to exceed
$5,000,000 from item 5095-0015, to this item, as necessary, pursuant to
allocation plans submitted to the house and senate committees on ways and means
30 days prior to any such transfer, for residential and day services for
clients formerly receiving care at department facilities; provided further,
that $100,000 shall be expended for a jail diversion program in Framingham;
provided further, that the department shall submit a report to the house and
senate committees on ways and means no later than March 1, 2006 on the
feasibility of expanding this diversion program to other regions of the
commonwealth; provided further, that funds spent from this item for the
purposes of research in fiscal year 2006 shall not be less than the amount
spent in fiscal year 2005 for such purposes; provided further, that not less
than $3,000,000 shall be expended for services for clients of the department
who are aging into the adult system from the child/adolescent mental health
system or other systems of care if the clients meet the clinical eligibility
criteria of the department; provided further, that the department shall report
to the house and senate committees on ways and means no later than February 16,
2005 on the use of any funds expended for this purpose and provided further,
that the department shall report to the house and senate committees on ways and
means on the distribution of funds per adult and child planning population and
the types of services received in each region for fiscal year? 2006 not later than February 1, 2006......................$293,277,097
5046-2000
For homelessness services; provided, that not less
than $90,000 shall be expended for the provision of health services to the
homeless and uninsured by Primary Care and Mental Health, Inc. located in the
city of Lynn ...................$22,210,686
5046-4000
The department of mental health may expend not more
than $125,000 in revenue collected from occupancy fees charged to the tenants
in the creative housing option in community environments, the CHOICE program
authorized by chapter 167 of the
acts of 1987; provided, that all such fees collected shall be expended for the
routine maintenance and repair of facilities in the CHOICE program including
the costs of personnel ................$125,000
5047-0001
For emergency service programs and acute inpatient
mental health care services; provided, that the department shall continue an
interagency service agreement with the executive office of health and human
services for the purchase of services and for such other services as the
agreement may provide including, but not limited to, acute inpatient care and
diversionary services; provided further, that the most recent savings
projection from the implementation of the agreement may be expended for
community services in the MM object class of this item; and provided further,
that the emergency service programs shall take all reasonable steps to identify
and invoice the third party insurer of all persons serviced by the programs..................$31,482,359
5047-0002
The Governor has disapproved of certain language.
The department of mental health may expend not more
than $4,500,000 in revenue collected from services rendered in emergency
programs and acute inpatient and diversionary settings on continuing care
services in the community; provided, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related
expenditures, the department may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system; and
provided further, that the department shall submit a report to the house and
senate committees on ways and means not later than February 3, 2006 detailing
the use of any funds encumbered or expended from this item including, but not
limited to, the number of clients served, the types of services purchased by
region and the annualized impact of the expenditures in the subsequent fiscal
year ..........................................$4,500,000
5055-0000
For forensic services provided by the department ............................$6,050,905
5095-0015
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of adult inpatient facilities,
including the community mental heath centers; provided, that in order to comply
with the Olmstead decision and to enhance care within available resources to
clients served by the department, the department shall take steps to consolidate
or close psychiatric hospitals managed by the department and shall endeavor
within available resources to discharge clients residing in the inpatient
facilities to residential services in the community when the following criteria
are met: 1) the client is deemed
clinically suited for a more integrated setting; 2) community residential
service capacity and resources available are sufficient to provide each client
with an equal or improved level of service; and 3) the cost to the commonwealth
of serving the client in the community is less than or equal to the cost of
serving the client in inpatient care; provided further, that any client
transferred to another inpatient facility as the result of a facility closure
shall receive a level of care that is equal to or better than the care that had
been received at the closed facility; provided further, that no action to
reduce the client population of the Worcester or Westborough facilities for the
sole purpose of closing the hospital shall be undertaken, and no steps shall be
taken to close the institution through attrition, layoffs or any other means
until a study of the hospital building plan is completed and the General Court
shall have approved the closure of Worcester State Hospital and Westborough State
Hospital; and provided further, that the department may allocate funds in an
amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary,
pursuant to allocation plans submitted to the house and senate committees on
ways and means 30 days prior to any such transfer, for residential and day
services for clients formerly receiving inpatient care at the centers and
facilities...$159,881,738
Department of Mental Retardation
5911-1000
For the administration of the department of mental
retardation; provided, that the department shall not charge user fees for
transportation or community day services; provided further, that the department
shall not charge fees for eligibility determination for services provided by
the department or for applications of requests for transfer of guardianship;
provided further, that notwithstanding any general or special law to the
contrary, in fiscal year 2006 the comptroller shall transfer from the
Uncompensated Care Trust Fund account established pursuant to subsection (p) of section 18 of chapter 118G of the
General Laws an amount sufficient to reflect the costs of the assessment on
public facilities collected pursuant to section 27 of chapter 118G of the General Laws and an amount sufficient to fund rate increases
for services provided to MassHealth members by non-public intermediate care
facilities and community based residences; provided further, the comptroller
shall transfer the federal financial participation received as a result of
expenditures funded by the assessments to an account established for the
department of mental retardation to administer for the purposes described
above; and provided further, that the assessments shall not be collected and
the expenditures shall not be authorized until the department of mental
retardation and the executive office of health and human services certify the
receipt of federal approval of any home and community based waiver amendments
and related Title XIX state plan amendments, if required...............$12,799,349
5911-2000
For transportation costs associated with the adult
services program; provided, that the department shall provide transportation on
the basis of priority of need as determined by the department; provided
further, that not less than $109,522 shall be expended from this item for the
Life Focus Center in the Charlestown section of the city of Boston..................$13,891,791
5920-1000
The Governor has disapproved of certain language.
For the operation of regional and area offices of the
department; provided, that the department shall submit a semi-annual report to
the house and senate committees on ways and means detailing the total number of
service coordinators within the department, the number of consumers served by
said coordinators, and the amount of time spent per month per consumer ...................$53,490,519
5920-2000
For vendor-operated community-based residential adult
services, including intensive individual supports; provided, that $9,520,000
shall be expended in annualized funding for turning 22 clients who began
receiving the services in fiscal year 2005 pursuant to item 5920-5000 of
section 2 of chapter 149 of the acts of 2004; provided further, that
$8,250,000 shall be expended for the fiscal year 2005 annualized cost of the
settlement agreement Rolland vs. Cellucci, so-called, and $5,000,000 shall be
expended for the fiscal year 2006 cost of the settlement; provided further,
that the commissioner of the department of mental retardation shall transfer
funds from this item to item 5920-2010, as necessary, pursuant to an allocation
plan, which shall detail by object class the distribution of said funds to be
transferred and which said commissioner shall file with the house and senate
committees on ways and means 15 days prior to any such transfer; and provided
further, that not more than $5,000,000 shall be transferred from this item in
fiscal year 2006; provided further, that not less than $100,000 shall be
allocated for Special Olympics for the purpose of unified sports; provided
further, that not less than $50,000 shall be expended for the Advocacy Resource
Center in New Bedford to provide critical family support services in the area
of community-based resident education for special needs children; provided
further, that not less than $500,000 shall be expended for Best Buddies
Massachusetts; provided further, that an additional $304,000 shall be expended
on a contract with Work, Inc.? for
enhance or expanded services to clients; and provided further that not less
than $100,000 shall be provided for GROW in Stoughton.......$500,173,626
5920-2010
For state-operated community-based residential services
for adults, including community-based health services for adults; provided,
that the department shall maximize federal reimbursement, whenever possible
under federal regulation, for the direct and indirect costs of services
provided by the employees funded in this item......................$119,556,581
5920-2020
For compliance with the terms of the Settlement
Agreement, dated December 19, 2000, and entered into by the parties of Boulet
v. Cellucci, Civil Action No. 99-CV-10617-DPW, filed in the United States
District Court of Massachusetts in order to provide services to the clients of
the department on the waiting list on July 14, 2000; provided, that
notwithstanding paragraph 41 of the Settlement Agreement for Boulet, et al v.
Cellucci, et al, civil action No. 99-CV-10617-DPW, United States District Court
of Massachusetts, no amount appropriated in this item shall fund attorneys'
fees for this action.............$85,614,227
5920-2025
For community-based day and work programs for adults
and for $2,720,000 in annualized funding for Turning 22 clients who began
receiving services in fiscal year 2005 pursuant to item 5920-5000 of section of
chapter 149 of the acts of 2004;
provided, that not less than $302,000 shall be expended for the Life Focus
Center in the Charlestown section in the city of Boston................................$113,308,979
5920-3000
For respite services and intensive family supports and
for $1,360,000 in annualized funding for Turning 22 clients who began receiving
services in fiscal year 2005 pursuant to item 5920-5000 of section 2 of chapter 149
of the acts of 2004; provided, that the department shall pursue the highest
rates of federal reimbursement possible for such services; and provided
further, that not more than $50,000 be expended for the Friendship Home project
in the town of Norwell..........................$51,289,967
5920-3010
For contracted support services for families with
autistic children through the autism division at the department of mental
retardation; provided, that not less than $200,000 shall be expended for the
purposes of a contract with Melmark New England to provide training and support
to families, educational collaboratives and public school districts on methods
for coping with behavioral challenges associated with children who have autism
spectrum disorders..............$1,200,000
5920-5000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For services to clients of the department who turn 22
years of age during state fiscal year 2006; provided, that the amount
appropriated herein shall not annualize to more than $13,600,000 in fiscal year
2007; provided further, that the department shall report to the house and
senate committees on ways and means not later than January 2, 2006, on the use
of any funds encumbered or expended from this item including, but not limited
to, the number of clients served in each region and the types of services
purchased in each region;..................................$6,467,670
5930-1000
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the operation of facilities for the mentally
retarded, including the maintenance and operation of the Glavin Regional
Center; provided, that in order to comply with the provisions of the Olmstead
decision and to enhance care within available resources to clients served by
the department, the department shall take steps to consolidate or close
intermittent care facilities for the mentally retarded, hereinafter 'ICF/MRs',
managed by the department and shall endeavor, within available resources, to
discharge clients residing in the ICF/MRs to residential services in the
community if the following criteria are met: 1) the client is deemed clinically suited for a more
integrated setting; 2) community residential service capacity and resources
available are sufficient to provide each client with an equal or improved level
of service; and 3) the cost to the commonwealth of serving the client in the
community is less than or equal to the cost of serving the client in ICF/MRs;
provided further, that any client transferred to another ICF/MR as the result
of a facility closure shall receive a level of care that is equal to or better
than the care that had been received at the closed ICF/MR; provided further,
that the department shall report to the joint committee on human services and
the house and senate committees on ways and means on the progress of this
initiative, including both past actions and proposed future actions; provided
further, that the report shall include information relative to the status of
residents of the Fernald Developmental Center; provided further, that the
report shall include: the number of
clients transferred from facility care into the community, the community
supports provided to clients discharged from facility care into the community
and the current facility bed capacity relative to the number of clients in
ICF/MRs managed by the department; provided further, the report shall also
include steps being taken to help minimize increases in travel distances for
family members visiting clients at ICF/MRs resulting from the transfer of
clients from one ICF/MR to another; provided further, that the department shall
submit the report no later than February 15, 2006; provided further, that the
Fernald development Center shall not be closed before October, 2005 to ensure
adequate community, client, and family member input into the closure planning
process; provided further, that the department of mental retardation shall
submit a plan regarding community transitions from ICF/MRs by January 1, 2006
to the house and senate committees on ways and means; provided further, that
said plan shall detail the transition of clients from said school to
appropriate settings; provided further, that the plan shall include
consideration for the transition of employees of said school into community
setting with their clients in order to ensure continuity of service wherever possible;
provided further, that said plan shall be subject to the approval of the house
and senate committees on ways and means; provided further, that the department
may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025,
as necessary, pursuant to allocation plans submitted to the house and senate
committees on ways and means 30 days prior to any such transfer, for
residential and day services for clients formerly receiving inpatient care at
ICF/MRs; and provided further, that the department shall maximize federal
reimbursement, whenever possible under federal regulation, for the direct and
indirect costs of services provided by the employees funded in this item.....................$165,986,286
5982-1000
The department of mental retardation may expend not
more than $100,000 accrued through the sale of milk and other farm-related and
forestry products at the Templeton Developmental Center for program costs of
the center, including supplies, equipment and maintenance of the facility;
provided, that notwithstanding any general or special law to the contrary and
for the purpose of accommodating timing discrepancies between the receipt of
retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower of
this authorization or the most recent revenue estimate therefore as reported in
the state accounting system........................$100,000
EXECUTIVE OFFICE OF TRANSPORTATION.
Office of the Secretary.
6000-0100
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
For the office of the secretary of transportation;
provided, that the office shall collaborate with the department of transitional
assistance in its efforts to develop a program of transportation services for
current and former recipients of the transitional aid to families with
dependent children program pursuant to item 4401-1000; provided further, that
the office shall submit to the joint committee on transportation and the house
and senate committees on ways and means monthly reports detailing projects
funded through the statewide transportation improvement program including, but
not limited to, the location of the projects, the cost of the projects, the
date of advertisement of the projects, the commencement date of the projects,
the projected completion date of the projects and the source of funds for the
projects; provided further, that the office shall also provide the committees
with quarterly reports detailing construction and reconstruction projects on
town and county ways as described in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter 90 of the General Laws for which municipalities are projected to seek,
have filed claims or have been paid state reimbursement; provided further, that
a city or town shall comply with the procedures established by the secretary to
obtain the necessary information to produce the reports; provided further, that
the reports shall include, but not be limited to, the cost of the projects by
city or town, the source of funding of the projects by city or town and the
commencement and completion dates of the projects by city or town; provided
further, that the secretary of the executive office of transportation, in
collaboration with the commissioner of highways, shall file a report each year
with the joint committee on transportation and the house and senate committees
on ways and means by June 30, 2006 and the last day of each subsequent fiscal
year; provided further, that no less than $25,000 shall be expended for costs
associated with the special transportation finance comission established under
section 13 of chapter 196 of the acts of 2004; provided further, that the
report shall include spending in the commonwealth through the statewide road
and bridge program, the Chapter 90
program, the Small Town Road Assistance Program and all other programs expending
funds for road and bridge projects within the commonwealth; provided further,
that the report shall detail the location of the project by city or town, a
brief project description, the project cost, the expected completion date, the
source of funding and any other information deemed necessary; provided further,
that the office shall submit to the house and senate committees on ways and
means quarterly reports detailing all personnel-related expenditures made from
capital funds; provided further, that the reports shall delineate for the
executive office and for each agency, board, authority or commission under its
control, the amounts paid in the prior quarter as compensation for each type of
position assigned to capital projects that were charged to each such funding
source; provided further, that the reports shall also delineate by funding
source any other amounts paid for personnel-related costs that were charged to
those funds, including payroll allocations for budgetary employees, fringe
recovery and other chargebacks; provided further, that the reports shall
identify the number of full time equivalent personnel classified in each
position type; provided further, that the reports shall list all employees who
are paid from this item and items 6010-0002 and 6006-0003 who also receive
payments from any capital funds; provided further, that the reports shall
include for each of those employees how much money the employees receive from the
items and how much money each employee receives from any capital funds; provided
further, that the reports shall delineate the information for full-time employees,
part-time employees and contracted personnel; and provided further, that agencies
within the executive office may, with the prior approval of the secretary, streamline
and improve administrative operations pursuant to interdepartmental service agreements.....................$229,158
Highway Fund..............................................................................100.0%
For the purpose of property management and maintenance
of railroad properties owned by the executive office of transportation on behalf
of the commonwealth, including the cost of personnel; provided, that the office
may expend an amount not to exceed $27,344 from the rents and fees received pursuant
to section 4 of chapter 161C of the General Laws.....................................................$27,344
6000-0200
For the inter-district transportation program; provided, that this program
shall include routes currently serviced through the inter-district transportation
program including, but not limited to, bus routes Lift 5, 6 and 7 so-called;
provided, that the program shall be administered by the executive office of
transportation; provided further, that the executive office of transportation
shall negotiate an extension of all existing contracts for fiscal year 2006;
provided further, that before the execution of the extensions, and at the
end of fiscal year 2006, the executive office shall request and each contractor
shall provide all necessary books, materials, records and other compilations
of data from each contractor to establish the appropriate state subsidy associated
with each bus route; and provided further, that the compilations of data shall
be made available to the senate and house committees on ways and means and
the joint committee on transportation....................................
$2,000,000
6005-0015
For certain assistance to the regional transit authorities, including operating
grants and reimbursements to increase the accessibility of transit provided
to the elderly and disabled under the mobility assistance program, the regional
transit authority program, and the inter-city bus capital assistance program;
provided, that the commonwealth, acting by and through the executive office
for administration and finance, for the period beginning July 1, 2005 and
ending June 30, 2006, may enter into contracts with the authorities; provided
further, that notwithstanding section 152A of chapter 161, and section 23
of chapter 161B of the General Laws, the amount shall be at least 50 per cent
and up to 75 per cent of the net cost of service of each authority incurred
in fiscal year 2005 shall be paid by the commonwealth, and shall not be assessed
upon the cities and towns constituting the authorities; provided further,
that the share assessed upon the cities and towns shall be at least 25 per
cent of the net cost of service; provided further, that in the event that
25 per cent of the net cost of service of each authority exceeds 102.5 per
cent of the previous year's local assessment, excluding payments made by cities
and towns for the costs of new service, for which the cities and towns have
not previously been assessed, as allowed by chapter 580 of the acts of 1980,
the regional transit authority shall reduce its operating expenses or increase
its revenues to meet the difference; provided further, that operating expenditures
of each of the regional transit authorities for fiscal year? 2006 shall not
exceed 102.5 per cent of its operating expenditures for fiscal year 2005;
provided further, that for the purposes of this item, operating expenditures
shall not include federal, private or additional municipal non-state revenue
sources or any expenses arising from the provision of services required by
the Americans with Disabilities Act, or new services implemented after July
1, 1999 in an amount not to exceed a total of $3,613,905 for the 15 regional
transit authorities; provided further, that the new services must have first
received approval of the appropriate regional transit authority advisory board;
provided further, that not less than 25 per cent of the net cost of service
of the new services shall be assessed to the cities and towns of the appropriate
transit authority, as detailed previously in this item; provided further,
that each regional transit authority which provides the new services must
file a report with the house and senate committees on ways and means and the
joint committee on transportation, detailing the total costs and revenues
associated with the new service; provided further, that the cost of the new
services shall not annualize to more than $3,613,905; provided further, that
not later than January 1, 2006, each of the 15 regional transit authorities
shall submit to the house and senate committees on ways and means a report
detailing any and all revenues collected as a result of services provided
pursuant to item 4401-1000; provided further, that the executive office of
transportation shall work cooperatively with the authorities and other public
and private funding sources to maximize new revenues sources to expand transit
services; provided further, that the authorities and the executive office
of transportation shall develop processes and procedures for contracts for
services with other state agencies; provided further, that the executive office
of transportation and the authorities shall develop a 5-year transit plan
for operational and capital objectives that the parties may measure against
and plan toward and shall file the plan with the house and senate committees
on ways and means no later than April 1, 2006; provided further, that the
executive office of transportation and the authorities shall work cooperatively
to implement multi-year contracting for regional transit authority capital
projects, particularly for construction projects and other multi-year commitments
of the authorities; provided further, that the regional transit authorities
shall implement structural, managerial and administrative reforms in order
to achieve cost savings in services provided by the authorities; provided
further, that the reforms shall include, but not be limited to, improved financing
procedures for capital needs, approved plans for short and long-term service,
a coordinated program of mass transportation for the regional transit authorities
that provides standards of service for the authorities for types of service,
passenger miles, hours of service, cost of service by route and mile and passenger,
non-transportation revenue and system revenue generating options included,
but not limited to, fare revenue and advertising revenue, assessments on member
cities and towns, net operating investment per passenger-mile ratio and service
quality standards; provided further, that the program shall involve an approach
to service coordinated with the Massachusetts Bay Transportation Authority
and other transit providers in order to achieve maximum efficiency of regional
transit authority service routes; provided further, that all regional transit
authorities shall achieve the fare and/or revenue recovery ratio of 40 per
cent within 24 months from the effective date of this act; and provided further,
that the Massachusetts Association of Regional Transit Authorities shall,
on or before November 15, 2005, report to the joint committee on transportation
and the house and senate committees on ways and means on the operations of
the authorities in the first half of fiscal year 2006, and focus the report
on the reforms and improvements .................................... $50,182,640
General Fund ................................................................................................................. ?80.0%
Highway Fund ............................................................................................................... ?20.0%
Massachusetts Aeronautics Commission.
6006-0003
For the administration of the commission, including the expenses of the commissioners
................ $524,922
Department of Highways.
6010-0001
For personnel costs of the department of highways, for certain administrative
and engineering expenses and equipment of the highways commission, the office
of the commissioner of highways, the division of administrative services,
highway engineering, highway maintenance, highway construction, the outdoor
advertising board, district and other highway activity offices, materials,
supplies, fleet maintenance and equipment, general maintenance and equipment
and the maintenance and operation of state highways and bridges, and for the
costs associated with the global positioning system program; provided, that
no expenditures shall be made from the AA object code; provided further, that
portions of state highway routes 1A, 129, 129A, 114 and 127 in the cities
of Lynn, Salem, Beverly and Gloucester and the towns of Swampscott, Marblehead,
Manchester-by-the-Sea and Rockport are hereby designated as state scenic byways;
provided further, that notwithstanding any general or special law to the contrary,
the department may expend from capital authorizations amounts necessary to
cover operational costs of the department in excess of amounts appropriated
in this item to ensure that adequate staffing levels are maintained to support
the services and programs offered by the department; provided further, that
the department shall develop a plan that, by June 30, 2007, shall phase into
the budgetary appropriation all personnel costs transferred to capital authorizations
since June 30, 2002; provided further, that such plan be reported to the house
and senate committees on ways and means by December 31, 2005; provided further,
that the department shall file quarterly reports with the house and senate
committees on ways and means detailing all amounts expended on bond-funded
capital projects under the jurisdiction of the department, and for all administrative
and personnel expenses of the department charged to such bonds; provided further,
that the reports shall be filed not later than 30 days after the end of each
quarter; provided further, that notwithstanding any administrative bulletin
or general or special law to the contrary, the department shall not pay any
fees charged for the leasing or maintenance of vehicles to the division of
operational services; provided further, that the department shall not be subject
to section 36A of chapter 30 of the General Laws and section 22 of chapter
7 of the General Laws, but shall submit to the secretary of transportation
for approval requests to repair vehicles costing in excess of the limit set
forth in said section 22 of said chapter 7; provided further, that the costs
of routine highway maintenance provided by private and union workers in contract
areas in contract areas 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A, 5B,
and 5C and for costs associated with police services and overtime within the
areas shall be paid from this item; provided further, that $90,000 shall be
made available for all contractual contingency costs associated with highway
maintenance in said areas; provided further, that the department shall submit
quarterly reports to the house and senate committees on ways and means detailing
for each contract area expenditures for the costs of contractual contingency
fees, personnel, police services, overtime, materials, and vehicle repair;
and provided further, that $15,000 shall be expended for the beaver maintenance
in the town of Orange ................................$15,296,640
Highway Fund .............................................................................................................100.0%
6010-0002
For AA object class payroll costs of item 6010-0001; provided, that the funds
appropriated in this item shall be the only source of funding for all overtime
expenses associated with the department's snow and ice control efforts ....................................
$19,402,594
Highway Fund ............................................................................................................. ?100.0%
6010-0003
The Legislature overrode the Governor's disapproval
The Governor has disapproved of certain language.
The department of highways may expend revenues collected up to $7,000,000
from revenue generated from promotional programs; provided, that funds collected
are to be used for the management of that program and for highway maintenance
costs; provided further, that the department shall prepare a report delineating
the proposed allocation of funds to be expended for the management of that
program and highway maintenance costs; provided further, that the report shall
be filed with the house and senate committees on ways and means 30 days prior
to any encumbrance of the funds; and provided further, that the program and
any expenditures made pursuant to the program must comply with all statutes,
rules and regulations governing billboards, signs and other outdoor advertising
devices .............................. $7,000,000
Highway Fund ............................................................................................................. ?100.0%
6030-7201
For the cost of hired and leased equipment, vehicle repair, fuel costs, and
sand, salt, and other control chemicals used for snow and ice control; provided
further, that $20,000 shall be expended for conducting an environmental assessment
and developing a remediation plan to address the ongoing pollution of drinking
water in the town of Andover due to the presence of a salt storage depot in
that town ...............................
$20,000,000
Registry of Motor Vehicles
8400-0001
For the administration and operation of the registry of motor vehicles, including
the title division and including all rent and related parking and utility
expenses of the registry; provided, that the positions of administrative assistant
to the registrar, legislative assistant, executive assistant to the registrar
and the director of employee relations shall not be subject to civil service
laws and rules; provided further, that all expenditures related to computer
automation shall be subject to satisfactory quarterly reviews by the information
technology division and pursuant to schedules by the division; provided further,
that 40 per cent of the costs of personnel services associated with the registry
computer, which reflects the proportionate use of the computer by the merit
rating board, shall be assessed to insurance companies doing motor vehicle
insurance business within the commonwealth, pursuant to section 183 of chapter
6 of the General Laws; provided further, that the registry may operate a full-service
branch in the town of Southbridge; provided further, that the registry shall
operate an office in the city of Fall River; provided further, that not less
than $110,000 shall be expended to operate a license express office in the
city of Lynn; provided further, that the registry may operate a full service
office in the town of Milford to be operated 5 days a week; provided further,
the registry shall operate a license express office in the town of Walpole;
provided further, that the registry shall operate a license express office
in the town of Falmouth; provided further, that the registry may operate a
full-service office in the city of Lowell; provided further, that the registry
may operate a license express office in the Grove Hall neighborhood in the
city of Boston; provided further, that the registry shall operate an office
in the city of Taunton and the town of Plymouth which shall handle license
business, learner's permits, road testing and full service registration business
to the general public; provided further, that the registry shall establish
and maintain a record of all vehicles leased within the commonwealth for a
period longer than 30 days; provided further, that the record shall include,
but not be limited to, the names and addresses of the lessor and the lessee;
provided further, that the registry shall take all steps necessary to improve
customer service within existing resources; and provided further, that the
registry may operate within the Springfield branch a one-stop international
registration plan office for truck registrations to serve the counties of
Hampden, Hampshire, Franklin and Berkshire ....................................
$46,598,649
Highway Fund ............................................................................................................. ?100.0%
8400-0016
For the operation of the motorcycle safety program ....................................................................
$185,691
8400-0024
Notwithstanding section 2 of chapter 280 of the General Laws, the registry
of motor vehicles may expend not more than $3,000,000 of revenue collected
pursuant to chapter 90C of the General Laws from assessments for civil motor
vehicle infractions; provided, that the amount of this expenditure shall be
subtracted from the amount that otherwise would be credited to the Highway
Fund pursuant to said section 2 of said chapter 280 and shall not affect nor
alter the amounts of payments made to cities and towns pursuant to said section
2 of said chapter 280; provided further, that the registry of motor vehicles
shall work with the office of the state comptroller to participate in the
state's intercept program; and provided further, that no costs payable in
the AA object class shall be charged to this item........................$3,000,000
8400-0033
The registry of motor vehicles may expend revenues collected up to a maximum
of $3,500,000 from the fees charged for driver record access, operating under
the influence reinstatement and registration reinstatement; provided, that
for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the registry may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state
accounting system; provided further, that all expenditures related to computer
automation shall be subject to satisfactory quarterly reviews by the information
technology division and pursuant to schedules prepared by the division; provided
further, that 40 per cent of the costs of personnel services associated with
the registry computer, which reflects the proportionate use of said computer
by the merit rating board, shall be assessed to insurance companies doing
motor vehicle insurance business within the commonwealth, pursuant to section
183 of chapter 6 of the General Laws; and provided further, that no costs
payable in the AA object class shall be charged to this item ...............................
?$3,500,000
8400-0222
The registry of motor vehicles may expend not more than $3,500,000 from revenues
collected from registry renewal fees for the purpose of maintaining registry
services ...................................................
$3,500,000
Board of Library Commissioner
7000-9101
For the operation of the board of library commissioners; provided, that the
provisions of section 19A of chapter 78 of the General Laws or any other general
or special law to the contrary, for the fiscal year 2006 state aid to public
libraries program, the board of library commissioners shall consider that
Lynn has met the standard of minimum hours of service as set forth in section
19B of chapter 78 of the General Laws and defined in 605 CMR 4.01(3); provided
further, that the board shall grant temporary certification to Lynn by August
31, 2005, upon receipt of a preliminary report showing compliance with the
materials expenditure requirement during fiscal year 2005 and showing that
the library has met the municipal appropriation requirement, or is likely
to qualify for a waiver of said requirement, in the 2006 state aid to public
libraries program; provided further, that the board shall grant temporary
certification to Beverly by August 31, 2005, upon receipt of a preliminary
report showing compliance with the materials expenditure requirement and hours
of service requirement during fiscal year 2005 and showing that the library
has met the municipal appropriation requirement in the 2006 state aid to public
libraries program; and provided further, that in order for either city to
retain this certification and receive a grant award it must successfully complete
the annual certification process of the board in fiscal year 2006......................$985,720
7000-9401
For state aid to regional public libraries; provided, that the board of library
commissioners may provide quarterly advances of funds for purposes authorized
by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as
it deems proper, to regional public library systems throughout each fiscal
year, in compliance with the office of the comptroller's regulations on state
grants, 815 CMR 2.00; provided further, that notwithstanding said section
19C of said chapter 78 or any other general or special law to the contrary,
the Boston Public Library shall, as the library of last recourse for reference
and research services for the commonwealth, be paid from this item an amount
equal to $1.06 per resident in the commonwealth; and provided further, that
notwithstanding any general or special law to the contrary, in calculating
the fiscal year 2006 distribution of funds appropriated herein, the board
of library commissioners shall employ population figures used to calculate
the fiscal year 2005 distribution ..............................................
$15,230,361
7000-9402
For the talking book library at the Worcester public library .........................................................
$325,000
7000-9406
For the Braille and talking book library at Watertown, including the operation
of the machine lending agency; provided, that not less than $50,000 shall
be expended for the National Federation of the Blind Newsline Program ...............................
$1,978,550
7000-9501
For state aid to public libraries; provided, that notwithstanding any general
or special law to the contrary, no city or town shall receive any money under
this item in any year when the appropriation of the city or town for free
public library services is below an amount equal to 102.5 per cent of the
average of the appropriations for free public library service for the three
years immediately preceding; provided further, that notwithstanding any general
or special law to the contrary, the board of library commissioners may grant
no more than 55 additional waivers in excess of the waiver limit set forth
in the second paragraph of section 19A of chapter 78 of the General Laws in
fiscal year 2006 for a period of not more than 1 year; provided further, that
notwithstanding any general or special law to the contrary, of the amount
by which this item exceeds the amount appropriated in chapter 194 of the acts
of 1998, funds shall be distributed under the guidelines of the municipal
equalization grant program and under the guidelines for the library incentive
grant program; and provided further, that any payment made under this item
shall be deposited with the treasurer of the city or town and held as a separate
account and shall be expended by the public library of such city or town without
appropriation, notwithstanding any general or special law to the contrary
....................................................
$9,039,844
7000-9506
For the technology and automated resource sharing networks .....................................................
$2,000,000
EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
7002-0010
For the office of the secretary of the executive office of economic development;
provided, that agencies within the executive office, may, with the prior approval
of the secretary, streamline and improve administrative operations pursuant
to interdepartmental service agreements; provided further, that the office
shall be the primary governmental office or agency to facilitate motion picture
production and development within the commonwealth ................
$398,808
7002-0012
For a youth-at-risk program targeted at reducing juvenile delinquency in high
risk areas of the commonwealth; provided, that $500,000 of these funds shall
be matched by private organizations..........................................$4,000,000
Department of Labor
7002-0200
For the operation of the division of occupational safety; provided, that the
division may employ staff not subject to chapter 31 of the General Laws for
a program to evaluate asbestos levels in public schools and other public buildings;
and provided further, that funds shall be expended from this item for the
GG subsidiary costs of the board of conciliation and arbitration, the division
of apprentice training, the labor relations commission and the division of
occupational safety.............................................$2,480,246
7002-0201
The division of occupational safety may expend an amount not to exceed $152,850
received from fees authorized pursuant section 3A of chapter 23 of the General
Laws ......................................................$152,850
7002-0500
For the operation and administrative expenses of the division of industrial
accidents; provided, that not less than $800,000 shall be expended for occupational
safety training grants; provided further, that said division shall submit
a report not later than February 1, 2006 to the house and senate committees
on ways and means detailing the scope, objective and results of grant recipients'
safety training program; provided further, that the General Fund shall be
reimbursed the amount appropriated in this item and for associated indirect
and direct fringe benefit costs from assessments levied pursuant to section
65 of chapter 152 of the General Laws; provided further, that the division
shall assign a judge to hear cases in the county of Berkshire not less than
once a month; and provided further, that the treasurer may release to the
division, subject to adequate and appropriate documentation of the need, to
the workers' compensation advisory council and the affirmative vote of at
least 7 members of the workers' compensation advisory council, sufficient
funds from the special reserve account established in clause (c) of subsection
(4) of said section 65 of said chapter 152 to pay for expenses to continue
expansion of the conversion of the agency's computer system from unify to
oracle ....................................... $19,788,445
7002-0600
For the operation of the labor relations commission..................................$832,701
7002-0700
For the operation of the joint labor management committee for municipal police
and fire .............. $530,126
7002-0800
For the operation of the board of conciliation and arbitration ......................................................
$768,337
Department of Workforce Development.
7002-0100
For the administration of the department of workforce development, including
the divisions under the control of the department; provided, that on January
4, 2006 the director of the department of workforce development shall submit
to the house and senate committees on ways and means a comprehensive report
describing in detail the job training services, including labor exchange,
skills training and remedial education services related thereto which have
been provided during the course of the fiscal year in the commonwealth, describing
the systems for delivery of such services, describing the costs of such services
and the sources of revenue for such services ..........................................................
$150,000
7002-0101
The Governor disapproved the wording.
For the operation of the apprentice training program; provided, that no position
in the apprentice training division shall be subject to chapter 31 of the
General Laws; provided further, that notwithstanding any general or special
law to the contrary, the deputy director shall require each apprentice entering
into a written agreement to submit an application to the division for an apprentice
identification card; provided further, that the application shall be accompanied
by a fee of $35 and paid by the apprentice or the program sponsor, together
with photographic prints as required by the deputy director; provided further,
that the first $50,000 of the fees collected by the? division for this identification
card program shall be deposited into the special trust account created to
fund and maintain the identification card program pursuant to chapter 11W
of chapter 23 of the General Laws and the remainder of all fees collected
shall be deposited into the General Fund; provided further, that an apprentice
identification card shall contain the photograph of the apprentice, the apprentice
registration number or such other number as the deputy director requires,
the name and business address of the appropriate apprenticeship committee
or single employee sponsor, the steps of progression and related dates applicable
to the apprentice, and the projected date on which the apprentice is projected
to complete the apprenticeship; provided further, that as a condition of his
apprenticeship the apprentice shall keep the apprentice identification card
on his person during his hours of employment during the apprenticeship; provided
further, that any apprentice performing work on a project or projects subject
to this item shall maintain in his possession an apprentice identification
card; provided further, that any apprentice who is determined by the deputy
director to be un-enrolled in related classroom instruction classes shall
be paid at the journey level rate for the duration of the public works project
or projects; and provided further, that for every week in which an apprentice
is employed by a contractor, subcontractor, or public body subject to this
section, a photocopy of said apprentice's apprentice identification card,
shall be attached to the records submitted under this item ...............................
$419,961
7003-0604
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the career ladder grant program in long-term care established pursuant
to section 410 of chapter 159 of the acts of 2000; provided, that grants shall
be available for certified nurses' aides, home health aides, homemakers and
other entry level workers in long-term care; provided further, that the grants
may include training for English for speakers of other languages and other
language and adult basic education programs to improve quality of care and
improve direct care worker access to and participation in career ladder training;
provided further, that the length of such grants shall not exceed a period
of 3 years; provided further, that the Commonwealth Corporation shall submit
quarterly reports to the house and senate committees on ways and means on
said grant program including, but not limited to, the number of grants awarded,
the amount of each grant, a description of the career ladder programs, changes
in care-giving and workplace practices that have occurred and their impact
on quality of care and worker retention and the certificates, degrees or professional
status attained by each participating employee; provided further, that the
administrative and program management costs for the implementation of the
grant program shall not exceed 4 per cent of the amount appropriated in this
item; and provided further, that each grant may include funding for technical
assistance and evaluation...........$1,500,000
7003-0605
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the operation and maintenance of the Massachusetts Manufacturing Extension
Partnership for the purpose of maintaining and promoting manufacturing as
an integral part of the Massachusetts economy ..........................$850,000
7003-0701
For grants and technical assistance administered by the department of workforce
development, pursuant to section 2RR of chapter 29 of the General Laws and
for the cost of collecting the assessment established in section 14L of chapter
151A of the General Laws; provided, that the department of workforce development
shall provide a report on the grants and technical assistance programs authorized
herein detailing the firms receiving grants, by number of employees, revenues,
and industry, to the house and senate ways and means committee by January
15, 2006; provided further, that the report shall include specific measures
of how grant recipients were able to increase job growth, retention rates,
and productivity as a result of the grants; provided further, that the report
shall include measures of whether training participants received promotions
and increased incomes as a result of training; provided further, that not
more than $3,000,000 shall be expended for direct technical assistance pursuant
to clause (2) of subsection (b) of said section 2RR of said chapter 29; provided
further, that of said $3,000,000, not less than $75,000 shall be provided
to the Workforce Investment Board Association to support the activities of
business, labor, education, youth councils, and community members in leading
regional workforce development systems; provided further, that of said $3,000,000,
each of the 16 workforce investment boards shall receive $75,000 in fiscal
year 2006; provided further, that of said $3,000,000, each of the boards shall
receive $20,000 for youth councils; and provided further, that the director
shall demonstrate that each dollar expended generates not less than $5 in
private investment in job training...............................................................................................
$21,000,000
Workforce Training Fund ............................................................................................. ?100.0%
7003-0702
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For grants to be administered by the department of workforce development;
provided, that not less than $900,000 shall be expended on the Massachusetts
Service Alliance; provided further, that not less than $500,000 shall be expended
for a high school science teacher training program in biotechnology by Commonwealth
Corporation; provided further, that not less than $450,000 shall be expended
for education, career development and employment service programs operated
by the Urban League of Massachusetts; provided further, that not less than
$400,000 shall be expended on the Commonwealth Corporation; provided further,
that not less than $350,000 shall be provided to the town of Blackstone for
the Lake Hiawatha area; provided further, that not less than $300,000 shall
be expended for the Jewish Memorial Hospital for the purposes of employee
skills training and development; provided further, that not less than $300,000
shall be expended to provide employment, training and job placement by Year
Up of Boston; provided further, that not less than $300,000 shall be expended
for a hospital skill training program operated by the Commonwealth Corporation;
provided further that not less than $250,000 shall be expended to fund need
based workforce development related to continuing education grants administered
by the Access Program of Boston, an affiliate program of the Boston Plan for
Excellence; provided further, that not less than $250,000 shall be expended
for a gang intervention prevention program called the Senator Charles E. Shannon
Jr. At-Risk Youth Project, operated by the Center for Teen Empowerment Inc.,
for the community of Somerville; provided further, that not less than $250,000
shall be expended on the Acre Urban Revitalization project in the city of
Lowell; provided further; that not less than $250,000 shall be expended for
the Center for Women & Enterprise; provided further, that not less than
$250,000 shall be expended on the Jackson-Appleton-Middlesex plan in the city
of Lowell; provided further, that not less than $250,000 shall be expended
to support the Technology Initiative of the Metro South/West Regional Employment
Board for the development of the Technology Centers of Excellence serving
the region's youth and business but the grant shall require a 200 per cent
match from the private sector; provided further, that not less than $200,000
shall be expended on the welfare-to-work employment mentoring program to be
operated by the Jewish Vocational Service and the Women's Union in the city
of Boston; provided further, that not less than $200,000 shall be expended
for Centro Latino de Chelsea to provide workforce training, educational services
and other transitional services in the city of Chelsea; provided further,
that not less than $200,000 shall be expended to the Western Massachusetts
Enterprise Fund; provided further, that not less than $200,000 shall be expended
on the Southeastern Economic Development Corporation's microenterprise programs
as a supplemental match to conduct an entrepreneurial training and technical
assistance program for support of emerging high-growth microenterprises that
are owned by or employ income-eligible residents; provided further, that not
less than $200,000 shall be expended for the Massachusetts Career Development
Institute, In (MCDI) in Springfield; provided further, that not less than
$195,000 shall be expended for 3 full-time equivalent rapid response labor
specialists at the Massachusetts AFL-CIO; provided further, that not less
than $150,000 shall be expended for a Farm Workers' Council serving low income
people and the Hispanic population in western Massachusetts; provided further,
that not less than $139,500 shall be expended for Just-a-Start Corporation
to provide training for entry level employment in the biotech and medical
fields for 30 unemployed or displaced workers, or persons receiving benefits
from transitional aid to families with dependent children; provided further,
that not less than? $135,000 shall be expended for incumbent worker coordinators
at the Massachusetts AFL-CIO; provided further, that not less than $127,000
shall be expended for the employee involvement and ownership program; provided
further, that not less than $105,000 shall be made available to the E-Team
Machinist Program in the city of Lynn; provided further, that not less than
$100,000 shall be provided to the Workforce Investment Association of Ma,
Inc.? for the purpose of assisting administrators, career center directors,
and fiscal agents; provided further, that $100,000 shall be expended for the
Boston Health Care and Research Training Institute; provided further, that
not more than $100,000 shall be expended for both the Reunion Center in the
town of Easthampton and the Easthampton Youth Entrepreneurship Project; provided
further, that not less than $100,000 shall be expended for the Hispanic Chamber
of Commerce in the city of Holyoke; provided further, that not less than $100,000
shall be expended for the MetroWest/495 Corridor Partnership, as successor
to the I-495 Technology Initiative; provided further, that not less than $100,000
shall be expended for the Springfield Technical Assistance Program to be operated
by the Affiliated Chambers of Commerce of Springfield; provided further, that
not less than $100,000 shall be expended for Centro Las Americas to provide
workforce training, educational services and other transitional services in
the city of Worcester; provided further, that not less than $95,000 shall
be expended for the Mature Workers Program of the Cape and Islands Workforce
Investment Board; provided further, that not less than $75,000 shall be expended
for the Martin Luther King, Jr. Business Empowerment Center in the city of
Worcester; provided that $75,000 shall be expended as a planning grant for
the Springfield Health Careers Partnership Program, UMASS/Amherst School of
Public Health and Health Sciences; provided further, that not less than $65,000
shall be expended for economic and workforce development opportunities in
the downtown and waterfront districts in the city of Lynn; provided further,
that not less than $50,000 shall be expended for the Allston-Brighton vocational
adjustment center for the continued operation of a job training and placement
center; provided further, that not less than $40,000 shall be expended to
enhance the economic vitality of the Santilli circle area in Everett; and
provided further, that not less than $7,500 shall be provided for the Bonnie
Brae Camp in the city of Gardner .........................................................
$7,959,000
Workforce Training Fund ............................................................................................. ?100.0%
7003-0803
For the one-stop career centers; provided, that not less than $2,750,000 shall
be expended for the one-stop career centers that were in existence on May
1, 1997, located in the Boston, Hampden county and the metro north service
delivery areas and any satellite offices thereof which opened on or before
December 1, 1997; provided further, that each career center shall inform unemployed
or underemployed recipients of transitional aid to families with dependent
children benefits who seek assistance from the center of the full range of
education and training programs that are available to them, the availability
of jobs in the professions for which the programs prepare participants, and
the average wage rates in the professions within the commonwealth; provided
further, that such information shall encompass certified nurses aide training
programs, job availability and wage rates; and provided further, that not
less than $1,000,000 shall be expended for 1-stop career centers that opened
after January 1, 1999 ..........................................................
$4,000,000
Department of Housing and Community Development
7004-0000
For the commonwealth development coordinating council; provided, that not
less than 30 days before entering into any interagency service agreement,
the council shall report in writing to the house and senate committees on
ways and means a description of the agreement, including its purpose, the
employees expected to be affected, and the estimated amount of the funds involved;
provided further, that not later than September 15, 2005 said council shall
submit a report detailing its fiscal year? 2005 payroll, operational and administrative
expenditures to the house and senate committees on ways and means; provided
further, that said report shall detail all sources of funding used in fiscal
year 2005 and an explanation of all funds expended in excess of the amount
appropriated in this item in fiscal year 2005; and provided further, that
no funds appropriated herein shall be expended or encumbered after September
16, 2005 unless said report has been submitted to the house and senate committees
on ways and means ............................................
$246,720
7004-0001
For the Indian affairs commission; provided, that not less than $100,000 shall
be expended for the development of a Native American Institute to be developed
in conjunction with the Massachusetts Commission on Indian Affairs and Tribal
Leaders in Massachusetts .....................................$198,449
7004-0099
For the operation of the department of housing and community development;
provided, that notwithstanding any general or special law to the contrary,
the department may make expenditures for the purposes of the department against
federal grants for certain direct and indirect costs pursuant to a cost overhead
allocation plan approved by the comptroller; provided further, that the comptroller
shall maintain an account on the Massachusetts management accounting and reporting
system for the purpose of making such expenditures; provided further, that
expenditures made against the account shall not be subject to appropriation
and may include the cost of personnel; provided further, that notwithstanding
any general or special law, rule, or regulation to the contrary, the department
of housing and community development may conduct annual verifications of household
income levels based upon state tax returns for the purposes of administering
the state and federal housing subsidy programs funded in items 7004-9005,
7004-9009, 7004-9014, 7004-9019, 7004-9020, 7004-9024, 7004-9030 and 7004-9033;
provided further, that as a condition of eligibility or continued occupancy
by an applicant or a tenant, said department may require disclosure of the
social security number of an applicant or tenant and members of such applicant's
or tenant's household for use in verification of income eligibility; provided
further, that said department may deny or terminate participation in subsidy
programs for failure by an applicant or a tenant to provide a social security
number for use in verification of income eligibility; provided further, that
said department may also consult with the department of revenue, the department
of transitional assistance or any other state or federal agency which it deems
necessary to conduct such income verification; provided further, that notwithstanding
the provisions of any general or special law to the contrary, such state agencies
shall consult and cooperate with said department and furnish any information
in the possession of said agencies including, but not limited to, tax returns
and applications for public assistance or financial aid; provided further,
that for the purposes of conducting such income verification, the director
of said department may enter into an interdepartmental service agreement with
the commissioner of revenue to utilize the department of revenue's wage reporting
and bank match system for the purpose of verifying the income and eligibility
of participants in such federally assisted housing programs and that of members
of the participants' households; and provided further, that for the purposes
of clarification only, notwithstanding the provisions of section 12 of chapter
490 of the acts of 1980, said department may authorize neighborhood housing
services corporations to retain, re-assign, and reloan funds received in repayment
of loans made pursuant to the neighborhood housing services rehabilitation
program; provided further, that not less than $125,000 shall be expended for
the Hungry Hill Development Corporation in the city of Springfield; provided
further, that not less than $10,000 shall be expended for the Turning Point
Day Resource Center for the Homeless in the town of Wareham; provided further
that $25,000 shall be expended for the Allston-Brighton Community Development
Corporation continued operation of a grant program to enhance housing quality
standards; provided further, that $50,000 shall be expended for the continued
operation of computer technology centers at the Commonwealth Housing Development,
the Jackson Mann Community Center and the Power Up Center at Brighton High
School; provided further, that not less than $100,000 shall be expended for
the Pleasant Street Neighborhood Network Center in Worcester; provided further,
that not less than $100,000 be expended for Neighbors in Need in Lawrence;
provided, that $250,000 shall be granted to the town of North Reading for
the costs of the economic development of property off Elm Street commonly
known as the Smith Farm and shown on North Reading assessors maps as map 62
lot 78, map 62 lot 38, map 75 lot 08 and map 76 lot 17; provided further,
that not less than $15,000 shall be made available to the town of Reading
for the upgrade, renovation, repair or installation of technology equipment
and infrastructure for the use of municipal government; provided further,
that not less than $95,000 shall be expended for the Boston Housing Authority
for a program to provide certain tenant services for the West Broadway Task
Force; provided further, that funds appropriated herein shall be obligated
for expenditure by the West Broadway Task Force for the purposes of tenant
services provided by said Task Force; provided further, that funds appropriated
herein shall not be expended by the Boston Housing Authority for discretionary
purposes; provided further, that not less than $53,000 be expended for Food
for the World Pantry; provided further that $61,200 shall be expended for
the Worcester Housing Authority for a resident services employment coordinator;
provided further, that the amount of $100,000 shall be expended for the Springfield
Neighborhood Housing Services, Inc.; provided further, that not less than
$25,000 be expended for Marlborough Community Development Corporation; providing
further, that not less than $25,000 shall be expended for one staff position
for the Beverly Affordable Housing Coalition; provided further, that no less
than $20,000 shall be expended for Methuen-Arlington Neighborhood, Inc.; provided
further, that not less than $50,000 shall be expended for the Cambridge Housing
Authority Work Force Program; provided further, that not less than $100,000
shall be expended for the Indian Orchard Main Street Partnership; provided
further, that $200,000 shall be expended on technical assistance for smart
growth administration; provided further, that $100,000 shall be expended for
the design phase of the Pembroke Council of Aging; and provided further, that
not less than $100,000 shall be made available for case management services
for indigent households residing in subsidized affordable rental housing in
southeastern Massachusetts owned and operated by a not-for-profit organization;.........................................................................................................
$8,559,992
7004-2475
For the homeownership opportunity affordable housing program; provided, that
all sums appropriated shall be used to write down interest rates on soft second
mortgage loans for low and moderate income first-time home buyers .............................................?$2,500,000
7004-3036
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For housing services and counseling; provided, that not less than $1,000,000
shall be expended as grants for the operation of 9 regional housing consumer
education centers operated by the regional nonprofit housing authorities;
provided further, that the grants shall be through a competitive application
process under criteria created by the department; provided further, that
not less than $141,000 shall be expended for the Just-A-Start Corporation
to administer a housing stabilization conflict management services program
to prevent homelessness; provided further, that $80,925 shall be expended
for the Central Massachusetts Housing Alliance; and provided further,
that no funds shall be expended from this item in the AA object class for
the compensation of state employees............................................
$1,221,925
7004-4314
For the expenses of a service coordinators program established by the department
to assist tenants residing in housing developed pursuant to sections 39 and
40 of chapter 121B of the General Laws to meet tenancy requirements in order
to maintain and enhance the quality of life in that housing .........................$490,401
7004-9005
For subsidies to housing authorities and nonprofit organizations including
funds for deficiencies caused by certain reduced rentals in housing for the
elderly, handicapped, veterans and relocated persons pursuant to sections
32 and 40 of chapter 121B of the General Laws; provided, that notwithstanding
any general or special law to the contrary, all housing authorities operating
elderly public housing shall offer first preference for elderly public housing
units which are vacant as of the effective date of this act, and thereafter,
to those persons 60 years of age or older on June 30, 1995, receiving rental
assistance from the Massachusetts rental voucher program; provided further,
that said department may expend funds appropriated in this item for deficiencies
caused by certain reduced rentals which may be anticipated in the operation
of housing authorities for the first quarter of the subsequent fiscal year;
provided further, that no monies shall be expended from this item for the
purpose of reimbursing the debt service reserve included in the budgets of
housing authorities; provided further, that no funds shall be expended from
this item in the AA object class, so-called, for the compensation of state
employees; provided further, that the amount appropriated herein shall be
deemed to meet any and all obligations pursuant to said sections 32 and 40
of said chapter 121B; provided further, that any new reduced rental units
developed in fiscal year 2006 eligible for subsidies pursuant to this item,
shall not cause any annualization that results in an amount exceeding the
amount appropriated in this item; and provided further, that all funds in
excess of normal utilities, operations, and maintenance costs may be expended
for capital repairs....................$34,871,170
7004-9024
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For a program of rental assistance for low-income families and elderly persons
through mobile and project-based vouchers; provided, that rental assistance
shall only be paid under a program to be known as the Massachusetts rental
voucher program; provided further, that the income of the households shall
not exceed 200 per cent of the federal poverty level; provided further, that
the department may award mobile vouchers to eligible households currently
occupying project-based units, that shall expire due to the nonrenewal of
project-based rental assistance contracts; provided further, that the department,
as a condition of continued eligibility for vouchers and voucher payments,
may require disclosure of social security numbers by participants and members
of participants' households in the Massachusetts rental voucher program for
use in verification of income with other agencies, departments and executive
offices; provided further, that any household in which a participant or member
of a participant's household shall fail to provide a social security number
for use in verifying the household's income and eligibility shall no longer
be eligible for a voucher or to receive benefits from the voucher program;
provided further, that the vouchers shall be in varying dollar amounts and
shall be set by the department based on considerations, including, but not
limited to, family size, composition, income level and geographic location;
provided further, that notwithstanding any general or special law to the contrary,
the monthly dollar amount of each voucher shall be the department-approved
total monthly rent of the unit less the monthly amount paid for rent by the
household; provided further, that notwithstanding any general or special law
to the contrary, the use of rent surveys shall not be required in determining
the amounts of the mobile vouchers or the project-based units; provided further,
that any household which is proven to have caused intentional damage to its
rental unit in an amount exceeding 2 months' rent during any 1-year lease
period shall be terminated from the program; provided further, that notwithstanding
any general or special law to the contrary, a mobile voucher whose use is
or has been discontinued shall be re-assigned within 90 days; provided further,
that the department shall pay agencies $32.50 per voucher per month for the
costs of administering the program; provided further, that the costs of
administration shall not exceed 6 per cent of the appropriation provided in
this item; provided further, that the 6 per cent shall include, but not be
limited to, all expenditures which may be made by the department to conduct
or otherwise contract for rental voucher program inspections; provided
further, that subsidies shall not be reduced for the cost of accommodating
the cost of the inspections; provided further, that notwithstanding any general
or special law to the contrary, each household holding a project-based voucher
shall pay at least 30 per cent but not more than 40 per cent of its
income as rent, and each household holding a mobile voucher shall pay at least
30 per cent but not more than 40 per cent of its income as rent; provided
further, that the department shall establish the amounts of the mobile vouchers
and the project-based vouchers, so that the appropriation in this item is
not exceeded by payments for rental assistance and administration; provided
further, that the department shall not enter into commitments which will cause
it to exceed the appropriation set forth herein; provided further, that ceiling
rents shall not be enforced by the department; provided further, that the
households holding mobile vouchers shall have priority for occupancy of the
project-based dwelling units in the event of a vacancy; provided further,
that the department may impose certain obligations for each participant in
the Massachusetts rental voucher program through a 12-month contract which
shall be executed by the participant and the department; provided further,
that such obligations may include, but need not be limited to, job training,
counseling, household budgeting and education, as defined in regulations promulgated
by the department and to the extent such programs are available; provided
further, that each participant shall be required to undertake and meet any
such contractually established obligation as a condition for continued eligibility
in the program; provided further, that for continued eligibility each participant
shall execute any such 12-month contract on or before September 1, 2005 if
the participant's annual eligibility recertification date occurs between June
30, 2005 and September 1, 2005 and otherwise on or before the annual eligibility
recertification date; provided further, that any participant who is over the
age of 60 years or who is handicapped may be exempted from any obligations
unsuitable under particular circumstances; provided further, that the department
shall submit an annual report not later than February 1, 2006 to the secretary
of administration and finance and the house and senate committees on ways
and means detailing expenditures, the number of outstanding rental vouchers
by income level and the number and types of units leased that are funded from
this item; provided further, that no funds shall be expended from this
item in the AA object class for the compensation of state employees; provided
further, that the department may assist housing authorities, at their written
request, in the immediate implementation of a homeless prevention program
utilizing alternative housing resources available to them for low-income families
and the elderly by designating participants in the Massachusetts rental voucher
program as at risk of displacement by public action through no fault of their
own; provided further, that participating local housing authorities may take
all steps necessary to enable them to transfer mobile voucher program participants
from the Massachusetts rental voucher program into another housing subsidy
program; and provided further, that the department of housing and community
development shall strive to avoid a reduction in the value of the Massachusetts
rental voucher from its value as of June 30, 2005 ..............................................?$26,283,345
7004-9030
For the transitional rental assistance program established pursuant to section
16 of chapter 179 of the acts of 1995; provided, that notwithstanding any
general or special law to the contrary, the transitional rental assistance
shall be in the form of mobile vouchers; provided further, that the vouchers
shall be in varying dollar amounts set by the department based on considerations
including, but not limited to, household size, composition, household income
and geographic location; provided further, that any household which is proven
to have caused intentional damages to its rental unit in an amount exceeding
2 month's rent during any 1 year shall be terminated from the program; provided
further, that the department shall pay agencies that administer said program
an allowance not to exceed $25 per voucher per month for the costs of administration;
provided further, that notwithstanding any general or special law to the contrary,
there shall be no maximum per centage applicable to the amount of income paid
for rent by each household holding a mobile voucher, but each household shall
be required to pay not less than 25 per cent of its net income, as defined
in regulations promulgated by the department, for units if utilities are not
provided by the unit owner, or not less than 30 per cent of its income for
units if utilities are provided by the unit owner; provided further, that
payments for the transitional rental assistance may be provided in advance;
provided further, that the department shall establish the amounts of the mobile
vouchers, so that the appropriation herein is not exceeded by payments for
rental assistance and administration; provided further, that the department
shall not enter into commitments which will cause it to exceed the appropriation
set forth herein; provided further, that the amount of a rental assistance
voucher payment for an eligible household shall not exceed the rent less the
household's minimum rent obligation; provided further, that the word "rent",
as used in this item, shall mean payments to the landlord or owner of a dwelling
unit pursuant to a lease or other agreement for a tenant's occupancy of the
dwelling unit, but shall not include payments made by the tenant separately
for the cost of heat, cooking fuel, and electricity; provided further, that
the department shall submit an annual report to the budget director, the secretary
of administration and finance, and the house and senate committees on ways
and means detailing expenditures, the number of outstanding rental vouchers,
and the number and types of units leased; provided further, that nothing stated
herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to any form of housing;
provided further, that consistent with chapter 179 of the acts of 1995 the
amount appropriated herein shall not annualize to more than $3,000,000 in
fiscal year? 2007; and provided further, that said program shall provide funding
for not more than 800 mobile vouchers...............$3,000,000
7004-9033
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the
following amounts.
For rental subsidies to eligible clients of the department of mental health;
provided, that the department shall establish the amounts of those subsidies
so that payment thereof and of any other commitments from this item shall
not exceed the amount appropriated herein............................ $2,500,000
7004-9201
For interest subsidies for the private development of affordable housing;
provided, that notwithstanding any general or special law to the contrary,
no new commitments shall be entered into during fiscal year 2006 for said
fiscal year or any subsequent fiscal years; and provided further, that funds
may be allocated by said agency to its existing interest subsidy contracts
in a manner as it may determine necessary to maximize the preservation of
existing affordable housing units throughout the commonwealth .................................................
$5,500,000
7004-9315
For the low-income housing tax credit program; provided, that the department
may expend not more than? $1,500,000 from revenue collected from fees collected
for the regulation of TELLER projects undertaken under clause (m) of section
26 of chapter 121B of the General Laws from fees collected pursuant to Executive
Order No.? 291, pertaining to low-income housing tax credits, for the costs
of administering and monitoring the programs, including the costs of personnel,
subject to the approval of the director of the department; and provided further,
that notwithstanding any general or special law to the contrary and for the
purpose of accommodating timing discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate therefor as reported in
the state accounting system, prior appropriation continued ................................................................$1,500,000
7004-9316
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the
following amounts.
For a program to provide assistance for homeless families and families at
risk of becoming homeless; provided, that the amount of financial assistance
shall not exceed $3,000 per family; provided further, that funds may be used
for security deposits, first and last month's rent and utility payments; provided
further, that assistance shall be administered by the department through contracts
with the regional non-profit housing agencies; provided further, that no such
assistance shall be provided to any family with an income in excess of 50
per cent of the area median income; provided further, that prior to authorizing
a residential assistance payment for a family, the non-profit housing agency
shall make an assessment of whether the payment, with or without additional
housing stabilization support, will enable the family to retain its current
housing, obtain new housing, or otherwise avoid homelessness; provided further,
that in making such assessment the agency shall apply a presumption that the
payment will enable a family to retain its housing, obtain new housing, or
otherwise avoid homelessness if the family is paying less than or equal to
50 per cent of its income for that housing; provided further, that a family
who is paying more than 50 per cent of its income for its housing shall be
provided a fair opportunity to establish that a residential assistance payment
will enable it to retain its housing, obtain new housing, or otherwise avoid
homelessness; provided further, that residential assistance payments may be
made through direct vendor payments according to standards to be established
by the department; provided further, that the agencies shall establish a system
for referring families approved for residential assistance payments who the
agencies determine would benefit from such services to existing community-based
programs that provide additional housing stabilization supports, including
assistance in obtaining housing subsidies and locating alternative housing
that is safe and affordable for those families; and provided further, that
the program shall be administered under guidelines established by the department
....................................................... $5,000,000
Office Of Consumer Affairs and Business Regulation.
7006-0000
For the office of the director of consumer affairs and business regulation,
including expenses of an administrative services unit..................
$1,523,155
Division of Banks.
7006-0010
For the operation of the division of banks; provided, that notwithstanding
any general or special law to the contrary, 100 per cent of the amount appropriated
in this item shall be assessed upon financial institutions which the division
currently regulates pursuant to powers granted to the division by the General
Laws, special laws or state regulations; and provided further, that this assessment
will be in addition to any and all assessments that the division currently
assesses upon financial institutions and will be made at a rate sufficient
to produce $11,178,594 in additional revenue that shall pay for this item
............$11,178,594
Division of Insurance
7006-0020
For the operation of the division of insurance, including the expenses of
the board of appeal on motor vehicle policies and bonds, and certain other
costs of supervising motor vehicle liability insurance and the expenses of
the fraudulent claims board; provided, that the positions of counsel I and
counsel II shall not be subject to the provisions of chapter 31 of the General
Laws; provided further, that contracts or orders for the purchase of statement
blanks for the making of annual reports to the commissioner of insurance shall
not be subject to the restrictions prescribed by section 1 of chapter 5 of
the General Laws; provided further, that the division shall maintain a phone
system in its western Massachusetts office that will immediately transfer
calls made to that office to the consumer assistance office in Boston during
any business hours when the western Massachusetts office is closed; provided
further, that the division shall have an employee or other such person answering
all initial incoming telephone calls, excluding all direct in-dial calls,
between the hours of 9:00 a.m. and 5:00 p.m.; provided further, that the division
shall designate an employee to handle all incoming calls relative to chapter
218 of the acts of 1995 or regulations promulgated under section 51 of chapter
111 of the General Laws; provided further, that notwithstanding any general
or special law to the contrary, 100 per cent of the amount appropriated in
this item shall be assessed upon the institutions which the division currently
regulates except for licensed business entity producers under powers granted
to the division by the General Laws, special laws or state regulations; and
provided further, that this assessment will be in addition to any and all
assessments that the division currently assesses upon said institutions and
will be made at a rate sufficient to produce $10,026,621 in additional revenue
that will pay for this item..............................................................................................
$10,026,621
Division of Professional Licensure.
7006-0040
For the operation and administration of the division of professional licensure;
provided, that of the funds appropriated in this item, sufficient monies shall
be expended for the reduction of case backlog at the boards of registration;
provided further, that the division shall at all times employ not less than
2 hearing officers to facilitate the processing of cases pending before the
various boards; provided further, that the position of investigator of radio
and television technicians shall not be subject to chapter 31 of the General
Laws; and provided further, that the division shall maintain and staff an
office in the city of Springfield........$4,089,022
Division of Standards.
7006-0060
For the operation of the division of standards .................................................
$661,613
7006-0066
For the support of the division of standard's municipal inspection efforts;
provided, that up to 15 per cent of the amount appropriated herein may be
expended for administrative costs of the division ..............................$300,000
7006-0067
The division of standards may expend for enforcement of weights and measures
laws an amount not to exceed $458,900 from revenues received from item pricing
violations collected through municipal inspection efforts, and from weights
and measure fees and fines collected from cities and towns............$458,900
7006-0068
The division of standards may expend an amount not to exceed $450,000 from
revenue received from license fees assessed to owners of motor vehicle repair
shops ..........................................................
$450,000
Department of Telecommunications and Energy
7006-0070
The Governor disapproved the wording.
For the operation and administration of the department of telecommunications
and energy including the community antenna television division; provided,
that notwithstanding the second sentence of the first paragraph of section
18 of chapter 25 of the General Laws, the assessments levied pursuant to said
first paragraph of said section 18 of said chapter 25 for fiscal year 2006
shall be made at a rate sufficient to produce $8,167,225; provided further,
that the department shall maintain a toll-free consumer access telephone number
to facilitate statewide citizen access on customer service issues in the delivery
of cable television services; provided further, that the department shall
complete and submit a report to the joint committee on telecommunications,
utilities and energy of the general court and the clerks of the senate and
house of representatives no later than October 1, 2005 on the potential savings
or financial gain to the NSTAR utility company before and as a result of any
strike or work stoppage, and this report shall also examine the service quality
index and standards, including but not limited to, safety response time, power
outages, safety of the works and the public, before and as a result of any
work stoppage or strike..................$8,167,225
7006-0080
For the operation of the transportation division .............................................................
$541,302
7006-0090
The department of telecommunications and energy may expend revenues collected
up to $75,000 for the operation of the energy facilities siting commission...............................................................................................
$75,000
State Racing Commission.
7006-0110
For the operation of the state racing commission .....................................................$2,124,351
Division of Energy Resources.
7006-1000
For the operation of the division of energy resources; provided that notwithstanding
any general or special law to the contrary, the amount assessed under section
11H of chapter 25A of the General Laws shall be equal to the amount expended
from this item ........................$1,441,404
7006-1001
For the residential conservation service program under chapter 465 of the
acts of 1980, and the commercial and apartment conservation service program
pursuant to section 11A of chapter 25A of the General Laws ...... $197,715
Department of Business and Technology
7007-0100
For the office of the director of business and technology.............................................................
$385,002
7007-0300
For the operation of the Massachusetts office of business development and
for marketing and promoting the commonwealth in order to attract and retain
targeted businesses and industries; provided, that the office shall maintain
business development assistance services at an office to be located at the
University of Massachusetts at Dartmouth for the purposes of responding to
inquiries and providing assistance to businesses seeking to expand or relocate
to southeastern Massachusetts ...........................................................
$1,338,574
7007-0500
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the
following amounts.
For the operation and maintenance of the Massachusetts Biotechnology Research
Institute for the purpose of promoting the commercialization of new, academic-based
research and development, and raising the scientific awareness of the communities
of the commonwealth .........................$500,000
7007-0515
For economic development grants to be administered by the department of business
and technology; provided, that not less than $150,000 be expended on the Cape
Cod Regional Incubator Project to be operated by the Cape Cod Chamber of Commerce;
provided further, that not less than $200,000 shall be expended on the operation
of the Massachusetts Fisheries Recovery Commission, not less than $60,000
of which shall be expended for the purposes of a socio-economic study and
analysis of the commonwealth's fishing industry; provided further, that not
less than $250,000 shall be expended for a grant to the South Shore Tri-Town
Development Corporation established in chapter 301 of the acts of 1998; and
provided further, that $350,000 shall be expended for a grant to the Massachusetts
Alliance for Economic Development for the purpose of enhancing? economic development
related services, including but not limited to implementation of a statewide
online site finder to assist business growth ...................................................
$1,010,000
7007-0800
For a grant for the state match for a small business development center; provided,
that no funds shall be expended from this item until such time as the United
States Small Business Administration has made a payment or has executed a
contract to pay the University of Massachusetts at Amherst for the operation
of the center; provided further, that the funds expended from this item shall
not exceed 25 per cent of the gross operating cost of said center; provided
further, that not more than $300,000 of the amount appropriated herein shall
be expended for the purpose of operating federal procurement technical assistance
services within said center; provided further, that the services, shall include,
but not be limited to, assisting businesses in securing federal contracts,
obtaining contract financing, generating responses to requests-for-proposals,
interpreting bid documents, providing educational workshops and seminars,
and the electronic identification and tracking of federal bid opportunities;
provided further, that the expenditure of said $300,000 shall be subject to
the receipt of matching funds from federal or private sources including the
Department of Defense; and provided further, that quarterly expenditure reports
shall be filed with the house and senate committees on ways and means ..........................
$1,113,415
7007-0900
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For the operation and administration of the office of travel and tourism and
for grants to public and private nonprofit local and regional organizations
to be awarded by the Massachusetts office of travel and tourism for tourism
promotion; provided, that performance-based standards shall be incorporated
in all contracts executed by said office for the procurement of tourism marketing
and advertising services; provided further, that the organizations shall be
required, as a condition of receiving a grant, to submit a total operating
budget which identifies each source and use of operating and capital funds;?
provided further, that said grants shall not replace or supplant funding otherwise
available to said centers from local chambers of commerce, regional tourist
councils, and other public or private funding sources; provided further,
that said office shall grant not less than $4,000,000 to the Massachusetts
International Marketing Partnership Incorporated, the business entity awarded
the contract pursuant to section 60 of chapter 141 of the acts of 2003 for
the express purpose of implementing the strategic marketing and promotional
program to recover the commonwealth's lost international market share;
provided further, that not less than $1,000,000 shall be made available through
a grant application process established by the office of travel and tourism
to offset deficits that may occur during fiscal year 2006 for the highway
information centers operating year round on state highways and federally-assisted
highways, and the visitor information centers on Boston Common and the Prudential
Center, both in the city of Boston; provided further, that $450,000 shall
be expended for a grant to the Massachusetts Sports and Entertainment Partnership;
provided further, that not less than $350,000 shall be expended to enhance
tourism along the South Lawrence River in the City of Lawrence; provided further,
that not less than $300,000 shall be expended for the purpose of a grant to
the Greater Boston Convention & Visitors Bureau, Inc. to develop and implement,
in cooperation with the Massachusetts Lodging Association, an advertising
and direct mail program to promote tourism throughout the commonwealth during
the winter season; provided further, that not less than $300,000 shall be
expended for the Mohawk Theatre; provided further, that not less than $250,000
shall be expended for the Merrimack Valley Economic Development Council; provided
further, that not less than $250,000 shall be expended for the Southcoast
Development Partnership for the purposes of regional tourism and economic
development; provided further, that not less than $250,000 shall be expended
for the Route 9/Lakeway Business District through the Lakeway Overlay District
Fund in the Town of Shrewsbury; provided further, that not less than $250,000
be expended for the Merrimack Valley Chamber of Commerce to establish the
Merrimack Valley Chamber Technical Program; provided further; that not less
than $250,000 shall be expended for the Museum of Afro-American History located
in the city of Boston; provided further, that not less than $250,000 shall
be expended for the Gloucester Adventure, Inc. for the purpose of the restoration
of the NHL Schooner Adventure; provided further, that not less than
$200,000 shall be expended for the Bay State Games; provided further, that
not less than $200,000 shall be expended for a grant for From the Top, Inc.;
provided further, that $200,000 shall be made available to the town of Franklin
for economic development; provided further, that not less than $200,000 shall
be expended to the town of Holbrook for public safety improvements and activities
at the police/fire station; provided further, that not less than $200,000
shall be expended for the Mahaiwe Theater; provided further, that not less
than $200,000, subject to 100 per cent funding match, shall made available
to the Boston Symphony Orchestra venue at Tanglewood; provided further, that
not less than $200,000 shall be provided for an economic development project
at the Elco Dress Factory in New Bedford; provided further, that not less
than $185,000 shall be expended for the International Trade Assistance Center
in the city of Fall River; provided further, that not less than $150,000 shall
be expended for City Stage; provided further, that not less than $150,000
shall be expended for a child safety program in the town of Winthrop; provided
further, that not less than $150,000 shall be expended for a child safety
program in the city of Revere; provided further, that not less than $150,000
shall be expended for the Highland center for the Arts at the Cape Cod National
Seashore; provided further, that not less than $125,000 shall be expended
for a historic development project at the Worcester Center for the Performing
Arts; provided further, that not less than $125,000 shall be expended for
the New England Puerto Rican association; provided further, that not less
than $100,000 shall be expended for the Cape Cod Economic Development Council;
provided further, that not less than $100,000 shall be expended for the Freedom
Trail Foundation; provided further, that not less than $100,000 shall be expended
for the Old Provincial State House; provided further, that not less than $100,000
shall be expended for an economic development project on state highway route?
110 in the town of Amesbury; provided further, that not less than $100,000
shall be expended for the Russian Community Association; provided further,
that not less than $100,000 shall be expended for the Western Massachusetts
Economic Development Council for tourism and marketing purposes; provided
further, that not less than $100,000 shall be expended for the Merrimack Repertory
Theatre; provided further, that not less than $100,000 shall be expended for
the Buzzards Bay Village Association; provided further, that not less than
$75,000 shall be expended for the Cultural Center of Cape Cod; provided further,
that not less than $75,000 shall be expended for the North End Visitor Center
in the city of Boston; provided further, that not less than $75,000 shall
be appropriated to the Puerto Rican Cuatro Project, a cultural development
project under the Spanish American Union, Inc of Springfield; provided further,
that not less than $75,000 shall be expended for the Waltham Tourist Council;
provided further, that not less than $60,000 shall be expended for Herman
Melville's Arrowhead Museum; provided further, that not less than $60,000
shall be expended to continue the economic development project operated by
the Arlington Neighborhood Association in the city of Lawrence; provided further,
that not less than $50,000 shall be provided for the Asa Waters Mansion in
the Town of Millbury; provided further, that not less than $50,000 shall be
expended for the Russian Community Association in Springfield; provided further,
that not less than $50,000 shall be expended for the Victory Theater in the
city of Holyoke; provided further, that not less than $50,000 shall be expended
for the Plymouth Area Chamber of Commerce; provided further, that not less
than $50,000 shall be expended for a grant to the Salem Partnership for the
purposes of hosting a statewide conference on the merits of a creative economy;
provided further, that not less than $50,000 shall be expended for the Caribbean
Carnival Association; provided further, that not less than $50,000 shall be
expended for the New Bedford Art Museum; provided further, that not less than
$50,000 shall be expended for the promotion of Boston neighborhoods through
the Boston Main Streets program; provided further, that not less than $50,000
shall be expended for the Riverside Theater Works in the Hyde Park section
of the city of Boston; provided further, that not less than $50,000 shall
be expended for the Office of Community Collaborations and Program Development
at the New England Conservatory of Music in the city of Boston; provided further,
that not less than $50,000 shall be expended for the Forefather Monument at
Pilgrim State Park; provided further, that $50,000 shall be expended for the
Louis D. Brown Peace Institute; provided further, that not less than $50,000
shall be expended for the Johnny Appleseed Visitors' Center; provided further,
not less than $50,000 shall be expended for the North Quabbin Woods Project;
provided further, that not less than $40,000 shall be expended for the Newburyport
Economic Development Department's Jump Start Program; provided further, that
not less than $40,000 shall be expended from this item for the purpose of
the operation and the promotion of the Ipswich Shuttle Bus Service; provided
further, that not less than $40,000 shall be expended as a grant for the Pioneer
Valley Visitors and Tourist Information Center; provided further, that not
less than $40,000 shall be expended for the Massachusetts 54th Regiment; provided
further, that not less than $30,000 shall be expended by the town of Berkley
to continue MITNS, so-called, activities; provided further, that not less
than $30,000 shall be made available for the Historic Woodcock Garrison House
and One-Room School House in the town of North Attleboro; provided further,
that not less than $25,000 shall be expended for the Salisbury Chamber of
Commerce; provided further, that not less than $25,000 shall be provided for
the Auburn Historical Museum in the town of Auburn; provided further, that
not less than $25,000 shall be expended to operate the Cape Cod Junior Technology
Council; provided further, that not less than $25,000 shall be expended to
the Hull Lifesaving Museum for the purpose of planning a maritime trail; provided
further that not less than $25,000 shall be expended for the Sandwich Glass
Museum; provided further, that not less than $25,000 shall be expended for
the Natural History Museum in the town of Brewster; provided further, that
not less than $25,000 shall be expended for the Friends of the Quabbin, Inc;
provided further, that not less than $20,000 shall be expended for an economic
development project known as the Cleveland Circle Streetscape Plan Early Action
Item; provided further, that not less than $10,000 shall be expended for the
Providence and Worcester Railfan Museum in the town of Webster; provided further,
that not less than $10,000 shall be provided for the Clark Cemetery on Prospect
street in the town of Auburn; provided further, that expenditures on international
and domestic promotion and administration shall be separately accounted for
in the Massachusetts management accounting and reporting system; provided
further, that the office shall make travel arrangements for all international
travel not less than 7 days before departure; provided further, that the office
shall dedicate 1 full-time equivalent employee to the advisory commission
on travel and tourism; and provided further, that the office shall make every
effort to develop tourism in under-visited regions of the commonwealth.................................................................................................................... $20,418,282
Tourism Fund .............................................................................................................. ?100.0%
7007-1000
For assistance to local tourist councils under section 14 of chapter 23A of
the General Laws; provided, that notwithstanding any general or special law,
regulation or rule to the contrary, each of the councils may expend an amount
not to exceed 20 per cent of the funds appropriated in this item for the cost
of administrative services .................... $8,000,000
Tourism Fund .............................................................................................................. ?100.0%
7007-1200
For a program to create and maintain a more favorable and responsive environment
for the attraction and retention of technology-intensive clusters for the
commonwealth; provided, that such clusters may be characterized by technological
or market focus, geographic proximity or other shared interests; provided
further, that cluster activities shall be deemed to be the exercise of an
essential governmental function intended to: (1) foster increased collaboration
among cluster organizations; (2) facilitate improved communications between
the commonwealth and cluster organizations; (3) identify and respond to challenges
and opportunities related to cluster organizations; (4) enhance the competitive
position of cluster firms; (5) reduce the costs of doing business in the commonwealth
through 1 or more purchasing cooperatives; and (6) generally improve the perception
of the value and benefits of doing business in the commonwealth; provided
further, that amounts appropriated in this item shall be expended to the Massachusetts
Technology Park Corporation to be held,? applied and administered through
its Massachusetts Technology Collaborative; provided further, that said corporation
shall establish an independent advisory panel to advise said corporation relative
to the most effective application of funds appropriated in this item; provided
further, that the executive director shall file a report with the house and
senate committees on science and technology and the house and senate committees
on ways and means detailing the activities undertaken with the funds appropriated
herein by January 15, 2006; and provided further, that the Massachusetts Technology
Collaborative shall work in conjunction with the Massachusetts Health Collaborative
to secure for the Outer Cape Health Services the private resources necessary
to match a Federal grant for development of an electronic medical records
system; and provided further, that this corporation shall assist the North
Central Chamber of Commerce in the development of the Plastics/Medical Device
Connections Initiative; and provided further, that the corporation shall study
the creation, operation and evaluation of a pilot wireless student learning
initiative at the New Boston Pilot School in the city of Boston and shall
file a report detailing findings of said report to the house and senate committees
on ways and means by January 15, 2006 and provided further, that the department
of business and technology shall submit quarterly reports to the house and
senate committees on ways and means detailing the amounts awarded and the
purposes for said grants ................................. $500,000
7007-1300
For the operation of the Massachusetts International Trade Council ............................................
$960,000
Tourism Fund .............................................................................................................. ?100.0%
7007-1500
For the operation and administration of the office of minority and women business
assistance; provided, that the office shall administer an electronic business
certification application which shall be accessible to business applicants
through use of the internet; provided further, that the office shall ensure
the integrity and security of personal and financial information transmitted
by electronic application; provided further, that the office shall, using
all existing available resources, provide certification services within each
of the 1-stop regional assistance centers of the Massachusetts office of business
development; and provided further, that the office shall develop and implement
measures and procedures to continue to improve the efficiency and the timeliness
of the certification process............................................
$1,096,135
Department of Education
7010-0005
The Legislature overrode the Governor's disapproval
The Governor disapproved the folowing item.
For the operation of the department of education; provided, that the department,
in collaboration with the governor's commission on gay and lesbian youth,
shall allocate not less than $75,000 for programming to ensure public schools'
compliance with the board of education's recommendations for the support and
safety of gay and lesbian students and the implementation of related suicide-prevention
and violence-prevention efforts; provided further, that the department
shall report to the legislature on the feasibility of incorporating a median
income component into the current chapter 70 school funding formula; provided
further, that said report shall be provided to the house and senate chairs
of the joint committee on education, the chairs of the house and senate committees
on ways and means, and the secretary of administration and finance, no later
than September 15, 2005; provided further, that funds from this item shall
be expended for the salary of a deputy commissioner who shall serve as a chief
operating officer for the department, and shall have responsibility for overseeing
all operational details of the department, in order to ensure that all offices
and divisions within said department operate according to a common strategic
vision and coordinated planning process, and that all actions, public statements
and decisions of deputy commissioners, assistant commissioners, and staff
are consistent with said vision, and reflect board of education policy, the
goals and intent of the general court, and all applicable statutory mandates
and requirements of the General Laws; provided further, that not later than
November 15, 2005, the department shall submit to the secretary of administration
and finance, the chairs of the house and senate ways and means committees,
and the house and senate chairs of the joint committee on education a report
on the current organization of the department, with an operational flow chart
detailing responsibilities and duties of each deputy commissioner, associate
commissioner, or other person with supervisory responsibility in the department;
and provided further, that said report shall detail the means by which the
department shall coordinate planning and operations functions, and describe
the strategic vision of the department, along with a detailed? implementation
plan for realizing that vision .....................................$9,597,805
7010-0012
For grants to cities, towns and regional school districts for payments of
certain costs incurred under the program for the elimination of racial imbalance;
provided, that grants to cities, towns and regional school districts shall
be limited to actual and specifically incurred documented incremental costs
including those costs pursuant to chapter 71B of the General Laws as a direct
consequence of participation in the program whenever the reimbursements requested
by such city, town or regional school district exceed the level of reimbursement
received in fiscal year 1977; provided further, that the division of elementary,
secondary and occupational education shall, through a competitive procurement
process, contract with qualified school transportation business enterprises;
and provided further, that funds shall be made available for payment for services
rendered by METCO, Inc. and Springfield public schools....................................
$17,615,313
7010-0030
For fiscal year 2006 reimbursements to certain cities, towns and regional
school districts of the per pupil capital needs component included in the
charter tuition amount for commonwealth charter schools, calculated under
subsection (nn) of section 89 of chapter 71 of the General Laws; provided,
that funds may be expended from this item to provide one time "hold harmless"
grants to charter schools to ensure that no charter school receives less funding
in tuition payments in fiscal year 2006 than it received in fiscal year 2005;
provided further, that no funds shall be expended on said "hold harmless"
grants until the per pupil capital needs component required by subsection
(nn) has been fully funded; provided further, that no funds shall be expended
on said "hold harmless" grants where the reduction in tuition is
the result of charter school restructuring required by the board of education
as a condition of charter renewal; and provided further, that should additional
funds be insufficient to fully fund the "hold harmless" grants,
so-called, said grants may be pro-rated by the department to all eligible
charter schools ..............................................................
$14,776,000
7010-0216
For the teacher, principal, and superintendent recruitment and retention programs
established in sections 19B, 19C, and 19E of chapter 15A of the General Laws.........................................................................................
$1,090,123
7010-1022
For the development and implementation of certificates of occupational proficiency
..................... $1,100,000
7027-0016
For matching grants for various school-to-work programs; provided, that the
board of education shall establish guidelines for such programs in consultation
with the department of workforce development; provided further, that any funds
distributed from this item to cities, towns or regional school districts shall
be deposited with the treasurer of the city, town, or regional school district
and held in a separate account and shall be expended by the school committee
without further appropriation, notwithstanding any general or special laws
to the contrary; provided further, that each grant awarded herein shall be
matched by the recipient from local, federal, or private funds; provided further,
that the board of education may determine the percentage match required on
an individual grant basis; provided further, that the department of education
shall make available a payment of $734,400 for the state's matching grant
for the CS-squared program at the Commonwealth Corporation; provided further,
that the department of education shall make available a payment of $942,191
to Jobs for Bay State Graduates, Inc., for the purpose of school-to-work activities;
provided further, that the department of education shall make available a
payment of $42,975 to the Blue Hills regional vocation school for the School
to Careers Partnership to fund a teacher externship program and a student
internship program; provided further, that $250,000 shall be expended for
a pilot program that targets at-risk youth, Amer-I-Can and provided further,
that of this $250,000, funds may be expended for the administration of this
program in Springfield; and provided further, that not less than $50,000 shall
be expended for the Diploma Plus Program at Cape Cod Community College ...........................................................
$2,019,566
7027-0019
For school-to-career connecting activities; provided, that notwithstanding
any general or special law to the contrary, the board of education, in cooperation
with the department of workforce development and the state workforce investment
board, may establish and support a public-private partnership to link high
school students with economic and learning opportunities on the job as part
of the school-to-work transition program; provided further, that such program
may include the award of matching grants to workforce investment boards or
other local public-private partnerships involving local community job commitments
and work site learning opportunities for students; provided further, that
the grants shall require at least a 200 per cent match in wages for the students
from private sector participants; provided further, that the program shall
include, but not be limited to, a provision that business leaders commit resources
to pay salaries, to provide mentoring and instruction on the job and to work
closely with teachers; and provided further, that public funds shall assume
the costs of connecting schools and businesses to ensure that students serve
productively on the job.............. $4,129,687
7027-1005
For salary increases for department of youth services' teachers ...................................................
$2,550,000
7028-0031
For the expenses of school age children in institutional schools under section
12 of chapter 71B of the General Laws; provided, that the department may provide
special education services to eligible inmates in county houses of correction;
provided further that the department of youth services shall continue to collaborate
with the department of education in order to align curriculum at the department
of youth services with the statewide curriculum frameworks and to ease the
reintegration of youth from facilities at the department of youth services
into regular public school settings; and provided further, that the department
of education, in conjunction with, the commissioner of youth services shall
submit a report on progress made to the house and senate committees on ways
and means by December 1, 2005 ..............................$7,475,183
7030-1002
For kindergarten development
grants to provide ongoing grant awards to continue quality enhancement of
existing full-day kindergarten classrooms and to encourage the transition
of half day classrooms into full-day kindergarten classrooms; provided, that
the office of school readiness shall administer a grant program to encourage
the voluntary expansion of high quality, full-day kindergarten education throughout
the commonwealth; provided further, that grants of not more than $18,000 per
classroom shall be made available to public schools for the enhancement of
existing full-day kindergarten classrooms and for the transition of existing
half-day kindergarten classrooms into full day kindergarten classrooms; provided
further, that said grants shall be awarded pursuant to guidelines established
by the department relative to the application and award process which shall
include eligibility criteria, allowable grant expenditures and grant recipient
obligations; provided further, that guidelines for transition grants shall
require applicants for such grants to identify obstacles that impede the transition
to full-day kindergarten; provided further, that the guidelines shall require
grant recipients to identify the anticipated date by which the implementation
of quality enhancement or transition projects shall commence; provided further,
that the guidelines shall detail the range of permissible grant expenditures
which shall include, but not be limited to, the expenditure of funds for facility
improvements or other expenses necessary to provide adequate space for the
transition from half-day kindergarten classrooms into full-day kindergarten
classrooms; provided further, that grants funded through this appropriation
shall not annualize to more than $18,000 per classroom in subsequent fiscal
years; provided further, that preference shall be given to grant applicants
with high percentages of students scoring in levels 1 or 2 on the Massachusetts
comprehensive assessment system exam, as determined by the department based
on available data; provided further, that any grant funds distributed from
this item shall be deposited with the treasurer of such city, town or regional
school district and held in a separate account and shall be expended by the
school committee of such city, town or regional school district without further
appropriation, notwithstanding the provisions of any general or special law
to the contrary; provided further, that such program shall supplement and
shall not supplant currently funded local, state and federal programs at the
school or district; provided further, that not less than $1,000,000 shall
be expended on transition grants to expand half-day classrooms to new full-day
classrooms; provided further, that not less than $1,000,000 shall be expended
on increasing quality full-day grant awards for districts receiving said awards
in 2005;? provided further, that not later than January 15, 2006 the department
shall report to the house and senate committees on ways and means on the total
number of enhancement and transition grants requested and awarded; provided
further, that the report shall include a study on how to provide universal
full-day kindergarten throughout the commonwealth which shall include an estimated
cost analysis for implementation of the program; provided further, that the
report shall detail common factors associated with both successful and unsuccessful
applications and shall include the total number of full-day and half-day kindergarten
classrooms projected to be in operation in public schools in fiscal year 2007;
provided further, that funds appropriated in this item for transition grant
awards may be expended through August 31, 2006 for the purposes of transition
projects scheduled for the school year beginning in September 2006; and provided
further, that the department may expend not more than $200,000 to administer
the grants program established herein ......................................................$25,000,000
7030-1003
For the John Silber early literacy program to promote research based school-wide
literacy education and to promote literacy among children in grades K through
3; provided, that the office of reading and language arts shall administer
said early literacy grant programs to improve the quality and effectiveness
of literacy education to the greatest extent possible; provided further, that
not less than $60,000 be expended for the Lawrence Learning Center and Community
Development in the city of Lawrence; provided further, that not less than
$100,000 shall be expended for improvements to promote general literacy and
literacy for disabled persons in the town of Braintree; provided further,
that not less than $100,000 shall be expended for the TU-LEAP Program of Boston
for after-school academic and literacy achievement programs; provided further,
that these early literacy education programs shall be based on a scientifically-based
reading research program consistent with the federal Reading First Initiative;
provided further, that $385,000 shall be expended for JFY.net, a Jobs for
Youth initiative for high technology, literacy and job skill instruction to
youth and adults through advanced software and existing infrastructure capacity
in schools and community agencies; provided further, that no more than $50,000
shall be made available to Edvocacy of Concord to expand a school-based program
in the Bourne Public Schools to detect, evaluate, and track dyslexia in students
in grades K through 3; provided further, that such program shall supplement
currently funded local, state and federal programs at the school or district;
and provided further, that any grant funds distributed from this item shall
be deposited with the treasurer of such city, town or regional school district
and held in a separate account and shall be expended by the school committee
of such city, town or regional school district, without further appropriation,
notwithstanding the provisions of any general or special law to the contrary
................................. $3,772,989
7030-1005
For early intervention individual tutorial literacy programs designed as a
pre-special education referral and short term intervention for children who
are at risk of failing to read in the first grade; provided, that such programs
shall be research-based with proven long-term results, including identifying
students in need of additional help not later than mid-first grade, providing
ongoing training and support to program teachers, and including ongoing documentation
and evaluation of results; provided further, that not less than $300,000 shall
be expended for matching grants to school districts to support the funding
of Reading Recovery teachers in one-to-one early intervention tutorial literacy
programs; and provided further, that said programs shall provide ongoing documentation
and evaluation of results ...................................... $2,700,000
7035-0002
For grants to provide and strengthen adult basic education services, including
reading, writing and mathematics, to a diverse network of organizations which
have demonstrated commitment and effectiveness in the provision of such services,
and that are selected competitively by the department of education; provided,
that such grants shall support the successful transition of students from
other adult basic education programs to community college certificate and
degree-granting programs; provided further, that such grants shall be contingent
upon satisfactory levels of performance as defined and determined by the department;
provided further, that in no case shall grants be considered an entitlement
to a grant recipient; provided further, that the department shall consult
with the community colleges and other service providers in establishing and
implementing content, performance and professional standards for adult basic
education programs and services; and provided further, that not more than
7.5 per cent of the funds appropriated herein may be expended for non-grant
purposes .................$29,322,628
7035-0006
For reimbursements to regional school districts for the transportation of
pupils; provided, that notwithstanding any general or special law to the contrary,
the commonwealth's obligation shall not exceed the amount appropriated in
this item ..............................................................................................
$45,000,000
7035-0007
For reimbursements to cities, towns, regional vocational or county agricultural
school districts, independent vocational schools, or collaboratives for certain
expenditures for transportation of nonresident pupils to any approved vocational-technical
program of any regional or county agricultural school district, city, town,
independent school or collaborative pursuant to section 8A of chapter 74 of
the General Laws; provided that, should the amount appropriated herein be
insufficient to fully fund the provisions of said section 8A, initial reimbursements
made by the department of education may be pro-rated by the department to
all eligible cities, towns, regional vocational or county agricultural school
districts, independent vocational schools, or collaboratives; and provided
further, that upon a determination by the department that the funds appropriated
in this item are insufficient to meet the commonwealth's full obligation under
said section 8A, the department shall, within ten days, notify the secretary
of administration and finance, the house and senate chairs of the joint committee
on education, and the chairs of the house and senate ways and means committees
of the amount needed to fully fund said obligation ....................................................................................................................
$1,600,000
7051-0015
For operating funds to distribute food for the Massachusetts emergency food
assistance program ..............................................................................................$747,000
7052-0006
For grants and reimbursements to cities, towns, regional school districts
and counties under chapter 645 of the acts of 1948 and chapter 70B of the
General Laws for: (a) educational, engineering, and architectural services
for school districts; (b) surveys made of school building needs and conditions;
(c) matching stabilization fund payments; (d) costs of leasing buildings for
vocational programs and originally equipping and furnishing said buildings
for vocational programs; and (e) payments associated with admission to a regional
school district .................................................................
$19,076
7053-1909
For reimbursements to cities and towns for partial assistance in the furnishing
of lunches to school children, including partial assistance in the furnishing
of lunches to school children as authorized by chapter 538 of the acts of
1951, and for supplementing funds allocated for the special milk program;
provided, that notwithstanding any general or special law to the contrary,
payments so authorized in the aggregate for partial assistance in the furnishing
of lunches to school children shall not exceed the required state revenue
match contained in Public Law 79-396, as amended, cited as the National School
Lunch Act and in the regulations implementing the act ...........................................................................
$5,426,986
7053-1925
For the school breakfast program for public and nonpublic schools and for
grants to improve summer food programs during the summer school vacation period;
provided, that of the sum appropriated in this item, not less than $300,000
shall be expended for the summer food service outreach program and not less
than $200,000 shall be expended for the school breakfast outreach program,
including reimbursement of municipal expenses; provided further, that within
the summer food program, priority shall be given to extending such programs
for the full summer vacation period and promoting increased participation
in such programs; provided further, that the department of education shall
solicit proposals from returning sponsors and school food authorities in time
for implementation of such grant program during the summer of 2006; provided
further, that such grants shall only be awarded to sponsors who can demonstrate
their intent to offer full summer programs or increase participation; provided
further, that the department shall require sufficient reporting from each
grantee to measure the success of such grant program; and provided further,
that the department shall select grantees for the program authorized by this
item not later than March 30, 2006, prior appropriation continued ...................................
$2,266,575
7053-1927
For a supplement to the federally-funded school breakfast program, whereby
all children in schools receiving funds under the program shall be provided
free, nutritious breakfasts at no cost to them; provided, that, subject to
regulations of the board that specify time and learning standards, breakfasts
shall be served during regular school hours; provided further, that participation
shall be limited to those elementary schools mandated to serve breakfast under
section 1C of chapter 69 of the General Laws where 60 per cent or more of
the students are eligible for free or reduced-price meals under the federally-funded
school meals program; provided further, that the department shall select school
sites for programs authorized by this item no later than November 15, 2005
and shall report to the house and senate committees on ways and means on the
preliminary results of these grants no later than January 9, 2006; provided
further, that nothing in this item shall give rise to enforceable legal rights
in any party or an enforceable entitlement to services; and provided further,
that nothing stated in this item shall be construed as giving rise to enforceable
legal rights or enforceable entitlement to any services .........................................$2,011,060
7061-0008
For school aid to cities, towns, regional school districts, counties maintaining
agricultural schools, independent vocational schools and independent agricultural
and technical schools to be distributed under chapters 70 and 76 of the General
Laws and section 3 of this act; provided, that $200,000 of the funds allocated
from this item to the city of Lawrence by said section 3 shall be transferred
to the University of Massachusetts at Lowell for its college preparation program;
provided further, that each school district shall report annually to the department
of education on its professional development expenditures, in a manner and
form prescribed by the commissioner and consistent with the accountability
requirements of the federal No Child Left Behind Act; and provided further,
that the department of education shall report annually to the house and senate
committees on ways and means on school districts' professional development
spending?..............................................................................................
$3,288,931,062
7061-0011
The Legislature overrode the Governor's disapproval
The Governor reduced the following item to the
following amounts.
For a reserve to: (1) meet extraordinary increases in the minimum required
local contribution of a municipality as calculated pursuant to section 3;
provided, that a municipality seeking funds from this item shall apply for
a waiver from the department of revenue pursuant to the provisions of this
act; provided, further, that the commissioner shall issue a finding concerning
such waiver applications within 30 days of the receipt thereof, after consulting
with the commissioner of education regarding the merits of such application;
(2) meet extraordinary increases of greater than 20 per cent in a municipality's?
required contribution to any of the districts to which the municipality belongs
as a result of the new regional allocation methodology; provided, that said
funds may be used by the municipality? to reduce its contribution to said
district solely for fiscal year 2006 and said reduction shall not be considered
a permanent reduction in required contribution in fiscal year 2007; (3) meet
expenses associated with extraordinary increases in enrollment from fiscal
year 2002 through fiscal year 2006 calculated on a percentage basis for such
municipalities; provided, that preference shall be given to districts with
enrollment growth of greater than 10 per cent during said period; provided
further, that preference shall be given to districts which received no increases
in chapter 70 aid, notwithstanding said enrollment increases; (4) address
the effects of reductions in per pupil chapter 70 aid between fiscal year
2004 and fiscal year 2006; provided, that preference in the awarding of such
funds shall be given to districts which receive less than 20 per cent of their
foundation budgets as chapter 70 aid, and which received reductions in chapter
70 aid between fiscal year 2003 and fiscal year 2004 of greater than 10 per
cent; (5) assist regional school districts which, prior to fiscal year 2006,
have assessed member towns using the provisions of their regional agreement,
and which, in fiscal year 2006, will assess member towns using the required
contributions calculated pursuant to chapter 70 of the General Laws and section
3 of this act; (6) assist towns impacted by stresses in the commercial fishing
industry which receive less than 20 per cent of their foundation budget in
state aid; (7) assist municipalities with median income below the state average
and equalized valuation per capita above the state average; provided, that
preference in the awarding of funds shall be given to municipalities with
required local contributions greater than 80 per cent of their foundation
budgets; (8) assist urban districts with high fixed costs and enrollment declines
of greater than 3 per cent in fiscal year 2006 resulting in no increase in
chapter 70 aid; (9) assist municipalities negatively impacted by shortfalls
in federal impact aid for the education of children in families employed by
the federal government on military reservations located within the town's
limits; and (10) assist municipalities which pay a separate and additional
tax to multiple fire districts within the municipality's borders, and which
have required minimum contributions in excess of 80 per cent of the district's
foundation budget; provided, that notwithstanding the provisions of any general
or special law to the contrary, assistance funded by this item shall only
be available on a one time non-recurring basis; provided further, that the
department shall make not less than 80 per cent of awards from this item not
later than October 15, 2005; and provided further, that no funds distributed
from this item to a municipality shall be considered base aid nor used in
the calculation of the minimum required local contribution for fiscal year
2007....................................................................... $6,870,000
7061-0012
For the reimbursement of extraordinary special education costs under section
5A of chapter 71B of the General Laws; provided, that reimbursements shall
be pro-rated such that expenses of this item do not exceed the amount appropriated
herein; provided further, that upon receipt by the department of education
of required special education cost reports from school districts, the department
shall reimburse districts based on fiscal year 2005 claims; provided further,
that not more than $9,250,000 shall be used to continue and expand voluntary
residential placement prevention programs between the department of education
and other departments within the executive office of health and human services
that develop community-based support services for children and their families;
provided further, that of this $9,250,000, not less than $8,000,000 shall
be made available to the department of mental retardation for the voluntary
residential placement prevention program administered by that department;
provided further, that not less than $600,000 shall be expended for the costs
of borrowing audiotaped textbooks by special needs students whose disabilities
include, but shall not be limited to, blindness, visual impairments, learning
disabilities such as dyslexia, or physical disabilities such as cerebral palsy
that limit the use of standard print, and for the cost of an outreach program
geared toward special education teachers, students and parents regarding the
services of the program; provided further, that of this $600,000, $200,000
may be expended for the purposes of training teachers and students; provided
further, that of this $600,000 not less than $25,000 shall be expended for
a pilot program for Recording for the Blind and Dyslexic to provide the 10th
grade math and English learning arts MCAS tests in audio digital format for
the fall and spring of the 2005-2006 school year; provided further, that no
funds shall be expended for said MCAS pilot program until the department of
education examines all security issues related to said pilot program and certifies
to the legislature that said pilot program may be carried out without jeopardizing
the security of the MCAS exams; provided further , that said report shall
be completed no later than November 15, 2005, and shall be forwarded to the
house and senate chairs of the joint committee on education, and the chairs
of the house and senate committees on ways and means; provided further, that
$300,000 shall be expended for the costs of 4 incentive, start-up grants to
educational collaboratives to provide partial funding for a full-time transportation
coordinator, administrative support and for the purchase of specialized transportation
route planning software for the purposes of implementing a pilot program to
demonstrate that transportation of students to out-of-district special education
placements can be accomplished at a lower cost and with improved quality of
service by delegating the planning and contracting for such transportation
to education collaboratives which would be responsible for the transportation
of students to all out-of-districts programs located within the pilot program
collaborative catchment area; provided further, that not more than $1,000,000
shall be expended for the monitoring and follow-up activities of the department's
complaint management system, review and approval of local educational agency
applications, and local school district's compliance with the part B requirements
of the Individuals with Disabilities Education Act, in the provision of special
education and related services to children with disabilities; provided further,
that these monitoring activities shall occur in each school district in cycles
of not less than 3 years; provided further, that, in order to facilitate such
monitoring, the department may allocate funds from this item to item 7061-0029,
as necessary, pursuant to allocation plans submitted to the house and senate
committees on ways and means 30 days prior to any transfer; provided further,
that not more than $500,000 shall be expended to administer the reimbursements
funded herein; provided further, that notwithstanding section 5A of chapter
71B of the General Laws,? the department, at the discretion of the commissioner,
may expend up to $3,000,000 to reimburse districts for extraordinary increases
in costs incurred during fiscal year 2006 which, would be reimbursable under
section 5A; provided further, that reimbursements for current year costs shall
be limited to school districts which experience increases of greater than
25 per cent from costs reimbursable under section 5A of chapter 71B of the
General Laws and incurred during fiscal year 2005 to costs reimbursable under
section 5A of chapter 71B of the General Laws and incurred during fiscal year
2006 or other cases of extraordinary hardship where special education costs
increase in relationship to total district costs as the department may define
through regulation or guidelines; provided further, that reimbursements for
current year costs shall be allocated as one-time grants and shall not decrease
reimbursements in the following fiscal year; provided further, that, the department
shall conduct audits of fiscal year 2005 claims; provided further, that if
the claims are found to be inaccurate, the department shall recalculate the
fiscal year 2006 reimbursement amount and adjust the third and fourth quarter
payments to the districts to reflect the new reimbursement amount; and provided
further, that the department shall file a report with the house and senate
committees on ways and means no later than January 1, 2006 on the results
of the audits ............ $201,625,262
7061-0029
The Legislature overrode the Governor's disapproval
The Governor reduced the follwoing item to the
following amounts.
For the office of educational quality and accountability established under
section 55A of chapter 15 of the General Laws; provided, that not less than
$100,000 shall be expended by the office to examine schools in the districts
of Boston, Lawrence, Worcester, Springfield, Lowell, Fall River, New Bedford,
and Brockton for the purpose of identifying the specific practices, policies,
and programs that would make urban school districts successful ........ $3,435,979
7061-9010
For fiscal year 2006 reimbursements to certain cities, towns and regional
school districts pursuant to section 89 of chapter 71 of the General Laws.............$50,100,000
7061-9200
For the education technology program .......................................................................................
$745,343
7061-9400
For student and school assessment including the administration of the Massachusetts
comprehensive assessment system (MCAS) exam established by the board of education
pursuant to the provisions of section 1D and 1I of chapter 69 of the General
Laws and for grants to school districts to develop portfolio assessments for
use in individual classrooms as an enhancement to student assessment; provided,
that as much as is practicable, especially in the case of students whose performance
is difficult to assess using conventional methods, such instruments shall
include consideration of work samples and projects and shall facilitate authentic
and direct gauges of student performance; provided further, that such portfolio
assessments shall not replace the statewide standardized assessment based
on the curriculum frameworks; provided further, that all school assessments
shall center on the academic standards embodied in the curriculum frameworks
and shall involve gauges which shall be relevant and meaningful to students,
parents, teachers, administrators and taxpayers pursuant to the first paragraph
of section 1L of chapter 69 of the General Laws; and provided further, that
notwithstanding any general or special law to the contrary, assessment of
proficiency in English shall be administered in English .................................................................................................
$23,346,561
7061-9404
For grants to cities, towns and regional school districts to provide targeted
remediation programs in English and math to high school students in the classes
of 2003 to 2007, inclusive, scoring in level one on the Massachusetts Comprehensive
Assessment System (MCAS) exam established by the board of education pursuant
to the provisions of sections 1D and 1I of said chapter 69; provided, that
the department and districts shall ensure that services are available to students
with disabilities; provided further, that, in awarding remediation funds,
preference may be given to schools and districts at risk of or determined
to be under-performing in accordance with said sections 1J and 1K of said
chapter 69; provided further, that in districts with a high percentage of
students scoring in level one on either the eighth grade or tenth grade MCAS
exam, or in districts which are at risk of or determined to be underperforming
in accordance with sections 1J and 1K of chapter 69 of the General Laws, funds
may be expended on preventive remediation for students in the classes of 2007
or 2008, who failed the English or math MCAS in the eighth grade; provided
further, that the purpose of this program shall be to improve students' performance
on the MCAS exam through replication of services and educational strategies
with proven results as determined by the department of education that may
include but shall not be limited to: integrated tutoring and mentoring
programs, supplemental web-based tutorial programs that are diagnostic and
prescriptive, weekend and school vacation programs focused on English and
math remediation, the English and math components of comprehensive after school
programs, and the remediation component of summer programs; provided further,
that such programs shall supplement currently funded local, state, and federal
programs at the school or district; provided further, that such grants and
assistance shall be used solely for the academic portions of such programs,
and shall focus on the acquisition of skills in English and math needed to
pass the MCAS; provided further, that funds shall be expended for a competitive
grant program to fund academic support and college transition services to
be implemented in fiscal year 2006, and operated by public institutions of
higher learning or by public-private partnerships in the commonwealth, for
students in the graduating classes of 2003, 2004 and 2005 who have completed
high school but have not yet obtained a competency determination as defined
in section 1D of chapter 69 as measured by the MCAS assessment instrument
authorized by said section 1I of said chapter 69, but who are working to pass
the English and math MCAS tests, obtain a competency determination, and earn
a high school diploma; provided further, that for the purpose of the programs,
appropriated funds may be expended through August 31, 2006 to allow for summer
remediation programs; provided further, that funds shall be expended for a
competitive grant program to fund Pathways programs targeting eleventh and
twelfth graders, instituted by local school districts, public institutions
of higher education and qualified public and private educational services
organization and One Stop Career Centers including, but not limited to, school-to-work
connecting activities creating worksite learning experiences for students
as an extension of the classroom, outreach programs for students who will
need post-twelfth grade remediation to attain the skills necessary to pass
MCAS, and counseling programs to educate parents and high school students
on post-twelfth grade remediation options; provided further, that funds shall
be expended for a competitive grant program, guidelines for which shall be
developed by the department of education, for intensive remediation programs,
in communities with students in the graduating classes of 2003 to 2007, inclusive,
who have not obtained a competency determination on either the tenth grade
English or math MCAS exams; provided further, that the department of education
may give preference for such assistance to those districts with a high percentage
of high school students scoring in level one on the MCAS exam in English and
math; provided further, that eligible applicants shall include individual
high schools, and those institutions which shall have partnered with a high
school or group of high schools, including but not limited to, institutions
of public and private higher education, providers of adult basic education
services, career centers, other public and private educational services organizations,
including, but not limited to, JFY. Net, and after-school programs with a
structured academic component and focused on MCAS remediation operated by
public and non-public entities including, but not limited to, members of the
National Alliance of Boys and Girls Clubs; provided further, that no district
shall receive a grant from this appropriation until said district submits
to the department of education a comprehensive district plan pursuant to the
provisions of section 1I of chapter 69, to improve performance of all student
populations including, but not limited to, students with disabilities; provided
further, that not more than $1,000,000 be expended for English language acquisition
professional development as part of an initiative designed to improve the
academic performance of English language learners and effectively implement
sheltered English immersion as outlined in chapter 386 of the acts of 2002;
provided further, that $300,000 shall be transferred to the Efficacy Institute
for work in "Campaigns for Proficiency" in Springfield, Boston and
Lawrence, to be used for training public school teachers and youth workers
in after-school programs in methods for using assessment data to develop effective
strategies to improve student performance on the MCAS; provided further, that
not less than $60,000 shall be expended to Casa Dominicana in Lawrence; provided
further, that not less than $1,000,000 shall be transferred to JFYNetWorks,
formerly Jobs for Youth, for a matching grant for the purposes of enhancing
student performance on the Massachusetts Comprehensive Assessment system examination
through instructional computer software; provided further, that $50,000 shall
be expended for the Astro Park Astronomy Facility at Barnstable High School;
provided further, that not less than $25,000 shall be expended for School
Link Services at the Pettengill House to provide advocacy counseling, referrals,
emergency assistance and prevention education programs to the children and
families of both Triton Regional and Amesbury Public Schools; provided further,
that not less than $20,000 shall be expended for a Brown Eyes Blue Eyes Pilot
Project, linking performance to perception to improve MCAS scores by teaching
children how to recognize faulty stereotypes inherent in racism for schools
in Falmouth, Mashpee, Bourne, Barnstable, and Springfield; provided further,
that the department shall issue a report, no later than February 1, 2006 and
annually thereafter as a condition of continued funding under this account,
in collaboration with the board of higher education, describing MCAS support
programs for the graduating classes of 2003 to 2007, inclusive, funded by
items 7061-9404 and 7027-0019, school to work accounts, institutions of public
higher education, and other sources, including federal sources; provided further,
that such report shall include, but not be limited to, the number of students
eligible to participate in such programs, the number of students participating
in such programs, the number of students who have passed the MCAS assessment
and obtained a competency determination through these programs, but not met
local graduation requirements, and the number of students who have passed
the MCAS assessment and obtained a competency determination through these
programs and met local graduation requirements; provided further, that said
report shall be provided to the chairs of the house and senate ways and means
committees and the house and senate chairs of the joint committee on education;
provided further, that the department may expend up to $350,000 to administer
programs funded herein; and provided further, that any grant funds distributed
from this item to a city, town or regional school district shall be deposited
with the treasurer of such city, town, or regional school district and held
in a separate account and shall be expended by the school committee of such
city, town, or regional school district without further appropriation, notwithstanding
any general or special law to the contrary ...........................................................
$10,385,000
7061-9408
For targeted intervention to schools and districts at risk of or determined
to be underperforming under sections 1J and 1K of chapter 69 of the General
Laws; provided, that no money shall be expended in any school or district
that fails to file a comprehensive district plan pursuant to the provisions
of section 1I of said chapter 69 of the General Laws; provided further, that?
funds may be expended on grants which allow for the implementation of whole
school reform in said schools and districts; provided further, that the department
shall only approve reform plans with proven, replicable results in improving
student performance; provided further, that in carrying out the provisions
of this item, the department may contract with school support specialists,
turnaround partners, and such other external assistance as is needed in the
expert opinion of the commissioner, to successfully turn around failing school
and district performance; provided further, that no funds shall be expended
on targeted intervention unless the department shall have approved, as part
of the comprehensive district improvement plan, a professional development
plan which addresses the needs of the district as determined by the department;
provided further, that eligible professional development activities for purposes
of this item shall include, but not be limited to: professional development
among teachers of the same grade levels and teachers of the same subject matter
across grade levels, professional development focused on improving the teacher's
content knowledge in the field or subject area in which the teacher is practicing,
professional development which provides teachers with research based strategies
for increasing student success, professional development teaching the principles
of data driven instruction, and funding which helps provide common planning
time for teachers within a school and within the school district; provided
further, that preference in the awarding of such funds shall be given to professional
development in math and English content skills; provided further, that funds
from any targeted intervention grant may be used to partially offset the cost
of said professional development and common planning time; provided further,
that funds may be expended for the purchase of instructional materials pursuant
to section 57 of chapter 15 of the General Laws; provided further, that no
funds shall be expended on instructional materials except where the purchase
of such materials is part of a comprehensive plan to align the school or district
curriculum with the Massachusetts curriculum frameworks; provided further,
that funds may be expended on leadership academies for principals and superintendents
pursuant to section 58 of chapter 15 of the General Laws; provided further,
that said training shall focus on expanding and increasing the capacity of
the principal or superintendent to be an instructional and educational leader
within their district and schools, and shall include, but not be limited to: training
in effective personnel evaluation, curriculum development, with a focus on
aligning the curriculum with the Massachusetts curriculum frameworks established
pursuant to chapter 69 of the General Laws, school based management skills,
with a focus on distributed leadership, data analysis skills that enhance
the capacity of the principal or superintendent to create an environment of
data driven instructional change, and techniques for developing cooperative
relationships with parents and community organizations; provided further,
that the department shall issue a report, no later than February 1, 2006 and
annually thereafter describing and analyzing all intervention and targeted
assistance efforts funded by this item; provided further, that such report
shall include but not be limited to: the number of school and school
districts eligible to receive such assistance, the number of students attending
school in said districts, the nature and type of intervention activities funded
through this item, by school and school district, the number of teachers in
professional development funded in part through this item, the number of districts
with curricula or professional development systems aligned with the Massachusetts
curriculum frameworks, and the number that are undertaking that effort with
grants funded by this item, the number of outside vendors with whom the department
has contracted to provide intervention and turnaround services, the amount
each vendor has received, and the results obtained in each instance, the number
of students who have passed the MCAS assessment and obtained a competency
determination through these programs, before, and during the period of intervention
and turnaround, and any other data relative to the successes achieved or challenges
faced by the effort to turn around schools, along with any legislative or
budgetary recommendations for improving the initiative and increasing the
success of all intervention efforts; provided further, that said report shall
be provided to the secretary of administration and finance, the senate president,
the speaker of the house, the chairs of the house and senate ways and means
committees and the house and senate chairs of the joint committee on education;
provided further, that no funds shall be expended on recurring school or school
district expenditures unless the department and school district have developed
a long term plan to fund such expenditures from the district's operational
budget; provided further, that for the purpose of this item, appropriated
funds may be expended through August 31, 2006 to allow for intervention, teacher,
principal and superintendent training and professional development which occurs
in the summer months; provided further that not less than $500,000 shall be
expended for planning and early implementation grants to cities, towns, and
regional school districts for the purpose of expanding learning time in the
form of longer school days and/or school years at selected schools; provided
further, that school districts may submit qualifying proposals for Expanded
Learning Time planning and early implementation grants to the department no
later than October 1, 2005; provided further, that to be qualifying, a proposal
must contain but need not be limited to the process the district will use
to create an Expanded Learning Time implementation plan and a budget necessary
to create said plan and any implementation required in FY06, the rationale
for expanding learning time including specific goals, and the anticipated
number of schools and students that will receive expanded learning time, and
letters of support for the planning process from the governing school committee,
all collective bargaining units that may be involved in implementation, and
any external partners including, but not limited to, community-based organizations
or institutions of higher education that may participate in planning or implementation;
provided further, that in approving Expanded Learning Time planning and early
implementation grant applications, preference shall be given to districts
with high poverty rates or a high percentage of students scoring in levels
I or II on the Massachusetts Comprehensive Assessment System, those districts
whose plans have the greatest potential for district-wide impact, and those
districts that plan to utilize partnerships with community-based organizations
and institutions of higher education; provided further, that all schools districts
are eligible to apply for said grants but not less than 75 per cent of said
grants shall be awarded to qualifying districts where 25 per cent or more
of students are eligible for free or reduced-price meals under the federally
funded school meals program; provided further, that the department shall review
all qualified proposals and award planning grants not later than November
1, 2005; provided further, that not less than $25,000 of the $500,000 item
shall be awarded to each district approved by the department in the form of
an Expanded Learning Time planning and pre-implementation grant; provided
further, that upon award of said planning grants each district shall create
a detailed Expanded Learning Time implementation plan and submit said implementation
plan to the department not later than January 15, 2006; provided further,
that the department shall review all qualifying implantation plans and determine
eligibility for Expanded Learning Time implementation funding not later than
February 15, 2006; provided further, that the department shall only approve
district implementation plans that contain a plan to convert one or more schools
to expanded learning time schools such that each such school adds, on a mandatory
basis for all students, no less than 30 per cent more hours of instruction
and enrichment than is standard for the applying district; provided further,
that the department shall only approve implementation plans that include a
comprehensive restructuring of the entire school day or year to maximize the
use of the additional learning time; provided further, that the department
shall only approve implementation plans that include an integrated plan to
provide an appropriate mix of additional teacher preparation time and additional
time that includes, but is not limited to, a combination of any of the following: additional
time on math, literacy, and science instruction; individual or small group
tutoring; homework help; enrichment opportunities such as music, arts, sports,
physical activity, and project-based experiential learning; provided further
that the department shall only approve implementation plans that include a
comprehensive budget that includes matching funds from the district or its
partners and assumes not more than $1,300 per pupil per year in future state
appropriations of Expanded Learning Time Implementation Funds; provided further
that the department shall only approve implementation plans that include evidence
of support from teachers, administrators, parents, and any community-based
organizations or institutions of higher education involved in implementation,
and all collective bargaining units involved in implementation; provided further,
that the department shall only approve implementation plans that include documentation
of leadership capacity to successfully implement a longer school day or year
and evidence that the district has made recent progress towards improved educational
outcomes and improved district capacity; provided further, that the department
shall only approve implementation plans that include a clear method of using
implementation benchmarks and specific, measurable goals to annually assess
the implementation of a longer school day or year and the impact of additional
learning time on student learning and achievement; provided further, that
in carrying out the provisions of this item, the department may expend up
to $75,000 of the $500,000 item to administer the Expanded Learning Time grant
review and approval process; provided further, that the department may, for
the purpose of this item, provide technical support that includes, but is
not limited to, direct services and documentation that provides examples of
how to implement expanded learning time; provided further, that the department
shall issue a report, not later than December 1, 2005 describing and analyzing
all planning grants and estimating the Expanded Learning Time Implementation
funding necessary in fiscal year 2007 to fully fund all district implementation
plans under development at that time; provided further, that said report shall
include, but not be limited to, the names and total number of districts awarded
planning grants, and the total number of schools and students named in the
planning grant application; provided further, that said report shall be provided
to the secretary of administration and finance, the senate president, the
speaker of the house, the chairs of the house and senate ways and means committees
and the house and senate chairs of the joint committee on education; provided
further, that for the purpose of this item, appropriated funds may be expended
through August 31, 2006 to allow for early implementation or principal or
teacher training and professional development which occurs during the summer
months; and provided further, that any funds distributed form this item to
a city, town or regional school district shall be deposited with the treasurer
of such city, town, or regional school district and held in a separate account
and shall be expended by the school committee of such city, town, or regional
school district without further appropriation, notwithstanding any general
or special law to the contrary and provided further, that any grant funds
distributed from this item to a city, town or regional school district shall
be deposited with the treasurer of such city, town, or regional school district
and held in a separate account and shall be expended by the school committee
of such city, town, or regional school district without further appropriation,
notwithstanding any general or special law to the contrary ..............$5,500,000
7061-9604
For teacher preparations ...........................................................................................................
$1,787,946
7061-9612
For the school of excellence program at the Worcester Polytechnic Institute;
provided, that every effort shall be made to recruit and serve equal numbers
of male and female students; provided further, that sending districts of students
attending the academy shall not be required to expend any funds for the cost
of these students while in attendance at the academy; provided further, that
the Massachusetts Academy of Mathematics and Science shall be obligated to
provide professional development activities at the school located at Worcester
Polytechnic Institute, including salary and benefits for master teachers and
visiting scholars; provided further, that the department of education shall
provide a subsidy to the Worcester Polytechnic Institute to operate a school
of excellence in mathematics and science; and provided further, that the academy
shall file a report with the joint committee on education and the house and
senate committees on ways and means by February 1, 2006 detailing the professional
development activities .............................................. $1,274,231
7061-9614
For the alternative education grant program established pursuant to section
1N of chapter 69 of the General Laws, provided that the commissioner shall
allocate funds for both subsections (a) and (b) of said section 1N of said
chapter 69 ..................................................................................................................................................
$1,250,000
7061-9619
For the purpose of funding
the Benjamin Franklin Institute of Technology; provided, that the Benjamin
Franklin Institute of Technology shall be granted access to the Massachusetts
education computer system; and provided further, that the Benjamin Franklin
Institute of Technology shall be permitted to join the state buying consortium
................................. $1
7061-9621
For the administration of a grant program for gifted and talented school children;
provided, that the funds appropriated in this item shall be in addition to
any federal funds available for such program; provided further, that priority
shall be given to those grant applications that address the needs of students
who are identified by any of the following criteria: (1) the result
of a standardized aptitude examination which is 3 or more standard deviations
above the mean; (2) an evaluation by the child's teachers that the child does
perform, or is capable of performing satisfactorily at 2 or more grade levels
above the child's chronological age; or, (3) a score on the math or verbal
Scholastic Aptitude Test by a child of no more than 13 years of age which
is equal to, or greater than, the average on either test obtained by college-bound
high school juniors; and provided further, that such programs may be made
available by a city, town or regional school district ....... $500,000
7061-9626
For grants and contracts with youth-build programs for the purposes of providing
comprehensive youth-build services ..............................................................................................................................
$1,450,000
7061-9634
For a transfer of this item to the Massachusetts Service Alliance, which shall
be solely responsible for administering a grant program for public and private
agencies with mentoring programs for the recruitment and training of mentors
and for other supporting services including, but not limited to, academic
support services; provided, that the department of education shall transfer
the amount appropriated in this item to the Massachusetts Service Alliance
for the purpose of these grants; provided further, that in order to be eligible
to receive funds from this item, each public or private agency shall provide
a matching amount equal to $1 for every dollar disbursed from this item; provided
further, that funds may be expended to support the mentoring activities of
the planned learned achievement for youth program; provided further, that
the Massachusetts Service Alliance shall submit a report detailing the expenditure
of such funds and the amount and source of matching funds raised to the secretary
of administration and finance and the house and senate committees on ways
and means not later than December 29, 2005 ..................................................................................................................
$287,000
Board of Higher Education
7066-0000
For the operation of the board of higher education; provided, that the board
shall recommend savings proposals that permit institutions of public higher
education to achieve administrative and program cost reductions, resource
re-allocation and program re-assessment and utilize resources otherwise available
to such institutions; provided further, that in order to meet the estimated
costs of employee fringe benefits provided by the commonwealth on account
of employees of the Massachusetts State College Building Authority and the
University of Massachusetts Building Authority, and in order to meet the estimated
cost of heat, light, power and other services, if any, to be furnished by
the commonwealth to projects of these authorities, the boards of trustees
of the state colleges and the University of Massachusetts shall transfer to
the General Fund from the funds received from the operations of the projects
such costs, if any, as shall be incurred by the commonwealth for these purposes
in the current fiscal year, as determined by the appropriate building authority,
verified by the chancellor of higher education and approved by the secretary
of administration and finance; and provided further, that $500,000 shall be
expended for the Massachusetts Nursing and Allied Health Workforce Development
Initiative, to develop and support strategies that increase the number of
Massachusetts public higher education faculty members and students who participate
in programs that support careers in fields related to nursing and allied health
................................... $2,649,071
7066-0005
For the commonwealth's share of the cost of the compact for education ......................................
$61,978
7066-0009
For the New England board of higher education .........................................................................
$417,402
7066-0015
For the community college workforce training incentive grant program established
in section 15F of chapter 15A of the General Laws ............................................................................................................................
$2,900,000
7066-0016
For a program of financial aid to support the matriculation of certain persons
at public and private institutions of higher learning; provided, that only
persons in the custody of the department of social services under a care and
protection petition upon reaching the age of 18, or persons in the custody
of the department matriculating at such an institution at an earlier age,
shall qualify for such aid; provided further, that no such person shall be
required to remain in the custody of the department beyond age 18 to qualify
for such aid; provided further, that this aid shall not exceed $6,000 per
recipient per year; and provided further, that this aid shall be granted after
exhausting all other sources of financial support ...........................................$1,200,000
7070-0031
For the McNair component of the financial assistance program to increase access
to public and independent institutions of higher education for students who
meet certain income eligibility standards developed by the chancellor of higher
education and for students with serious physical impairments, known as the
Ronald E. McNair education opportunity program .............................................................
$1,965,638
7070-0065
For a scholarship program to provide financial assistance to Massachusetts
students enrolled in and pursuing a program of higher education in any approved
public or independent college, university, school of nursing, or any other
approved institution furnishing a program of higher education; provided, that
the Massachusetts state scholarship office shall expend not less than $13,495,295
for Foster Furcolo community college access grants to ensure that no Massachusetts
resident enrolled in and pursuing an associate's degree in any of the community
colleges pays more than $500 in tuition and fees net of any federal or state
scholarship or tax credit; provided further, that any resident whose expected
family contribution level, as determined under the federal methodology established
under Part F of Title IV of the Higher Education Act of 1965, as amended,
is not more than $2,250, shall incur no net tuition and fee costs after deducting
any federal or state scholarship or tax credit from financial need as calculated
by the state scholarship office; provided further, that residents who are
not fully eligible for the federal HOPE tax credit based on their exceeding
maximum income eligibility limits, shall not be eligible for the grants; provided
further, that not less than $9,896,550 shall be expended for state college
access grants; provided further, that any Massachusetts resident enrolled
in and pursuing a bachelor's degree in any of the state colleges whose expected
family contribution level, as determined according to the federal methodology
established pursuant to Part F of Title IV of the Higher Education Act of
1965, as amended, is not more than $2,000, shall incur no net tuition and
fee costs after deducting any federal or state scholarship or tax credit from
financial need as calculated by the state scholarship office; provided further,
that not less than $8,697,220 shall be expended for a program of needs-based
financial assistance for Massachusetts residents enrolled in and pursuing
a program of higher education in the University of Massachusetts; provided
further, that $3,148,902 shall be expended for the part-time student grant
program; provided further, that of the sum appropriated in this item, not
less than $427,351 shall be obligated for the purposes of the Massachusetts
plan, under section 5C of chapter 15C of the General Laws; provided further,
that the Massachusetts state scholarship office shall expend not less than
$18,923,508 to provide for matching scholarship grants to needy Massachusetts
students at participating Massachusetts independent regionally accredited
colleges, universities, and schools of nursing; provided further, that not
less than $170,940 shall be made available to provide financial assistance
for Massachusetts residents enrolled at public higher education institutions
to participate in the Washington Center-Massachusetts Initiative Academic
Internship program; provided further, that except as otherwise provided in
this act, all financial assistance mentioned previously in this item shall
be distributed to students demonstrating the greatest need as determined by
an eligibility index used by the state scholarship office; provided further,
that students awarded full or partial scholarships under the Christian A.
Herter Memorial Scholarship Program, established in section 16 of chapter
15A of the General Laws, who have matriculated in a program of higher education
outside the commonwealth may continue to receive the scholarship aid guaranteed
by that program; provided further, that the state scholarship office may expend
monies for the public service awards as established in section 16 of chapter
15A; provided further, that the chancellor of higher education, in coordination
with the Massachusetts state scholarship office, shall adopt regulations governing
the eligibility and the awarding of financial assistance; provided further,
that not more than $1,589,945 shall be expended on the administration of the
scholarship program; provided further, that not less than $1,000,000 shall
be expended on a pilot scholarship program for all early childhood educators
in the commonwealth pursuant to clause (10) of section 5 of chapter 15D of
the General Laws; provided, that the board of higher education, acting jointly
with the board of early education and care, shall establish appropriate guidelines
and application criteria for the administration of the program; provided further,
that the loan shall cover the cost of tuition, fees, and related expenses
as determined by the boards for up to three courses per semester in degree
granting programs for early educators who are pursuing associates, bachelors,
or masters level degrees to meet the teacher and program quality standards
of the department of early education and care; provided further, that eligible
recipients shall be early educators and providers who are working in early
education and care programs in the commonwealth and who commit to teaching
in early education and care programs for a term of service after graduation
to be determined by the boards; provided further, that preference shall be
given to applicants identified by the local councils funded by item 3000-4000
or by the regional offices funded by item 3000-2000 as highly talented providers
who have already displayed commitment to early childhood education as demonstrated
by longevity in the field, who do not otherwise meet the program and quality
standards of the new department, but who have displayed talent and capability
at working with young children that make them strong applicants for this scholarship
opportunity; provided that not less than $800,000 shall be directed to One
Family Inc.? for the purposes of administering and sponsoring a scholarship
program for the higher education of heads-of-household for homeless families
with children under the age of 18, or who are at-risk of homelessness as determined
by the federal poverty, or who have experienced homelessness within the previous
12 months; provided further that said funds shall be expended for scholarships
and assistance with living expenses at accredited institutions of higher learning
in the commonwealth; provided further, that each scholarship shall be matched
dollar-for-dollar by One Family Inc.; provided further that the scholarship
recipients in said program shall be monitored and tracked for their progress
and that the results shall be reported to the commonwealth on a bi-annual
basis through the board of higher education; provided further, that One Family
Inc. shall work with the board of higher education on said program eligibility
criteria and regulations; provided further, that One Family Inc, shall submit
a report to the joint committee on ways and means no later than January 15,
2006; provided further, that said report shall include the number of applications
for said grants in fiscal year 2006, number of? awards granted, amount of
said awards and program projections for fiscal year 2007; provided further,
that not less than $2,249,216 shall be provided for grants to residents of
the commonwealth who are working as paraprofessionals in public schools of
the commonwealth while pursuing a bachelor's degree at a public or independent
college or university in the commonwealth in order to become a certified teacher
in Massachusetts; and provided further, that eligibility shall be limited
to persons who have worked as paraprofessionals in the public schools of the
commonwealth for a minimum of 2 years before receipt of such grant, or who
are enrolled in and pursuing courses of study that will lead to certification
as a teacher in bilingual education, special education, math, science, or
foreign languages, and who commit to teach and actually teach, for a period
determined by the board of higher education, in the public schools of the
commonwealth upon graduation and certification pursuant to section 38G of
chapter 71...........
$84,673,454
7077-0023
For a contract with the Tufts School of Veterinary Medicine; provided, that
funds appropriated in this item shall be expended under the Massachusetts
resident veterinary tuition remission plan submitted January 8, 1998, for
supportive veterinary services provided to the commonwealth; provided further,
that prior year costs may be paid from this item; provided further, that funds
appropriated herein shall support bioterrorism prevention research related
to diseases that can be transmitted from animals to humans, in consultation
with Massachusetts emergency authorities; and provided further, that the school
shall work in consultation with the Norfolk County Agricultural School on
veterinary programs ....................................................
$4,054,000
University of Massachusetts
7100-0200
For the operation of the University of Massachusetts; provided, that notwithstanding
any general or special law to the contrary, the university may establish and
organize auxiliary organizations, subject to policies, rules and regulations
adopted by the board, to provide essential functions which are integral to
the educational mission of the university; provided further, that notwithstanding
any general or special law to the contrary, the university may enter into
leases of real property without prior approval of the division of capital
asset management and maintenance; provided further, that not less than $500,000
shall be expended in fiscal year 2006 for the University of Massachusetts
at Amherst Cranberry Station at Wareham; provided further, that such funds
shall be expended under a plan reviewed and recommended by the University
of Massachusetts at Amherst Cranberry Experiment Station Board of Oversight;
provided further, not less than $66,000 shall be expended for the state cranberry
bog renovation at the University of Massachusetts at Amherst Cranberry Station
at Wareham; provided further, that not less than $500,000 shall be expended
for the Center for Portuguese Studies to operate at the University of Massachusetts
at Dartmouth; provided further, that not less than $50,000 shall be expended
for the UMASS Dartmouth Center for Business Research; provided further, that
not less than $380,000 shall be expended for the School for Marine Environmental
Science Technology and Fisheries to operate at the University of Massachusetts
at Dartmouth; provided further, that the sum expended for the UMass Extension
in fiscal year 2006 shall be adjusted only in direct proportion to university
budget adjustments to other academic programs of the University of Massachusetts
at Amherst; provided further, that such funds shall be expended in accordance
with a plan reviewed by the UMass Extension board of public overseers; provided
further, that not less than $50,000 shall be expended for the 4-H program;
provided further, that not less than $250,000 shall be expended for labor
studies programs at the Amherst, Boston, Dartmouth and Lowell campuses; provided
further, that funding for the William Joiner Center for the Study of War and
Social Consequences shall be funded at an amount not less than was allocated
in the previous fiscal year; provided further, that not less than an additional
$30,000 shall be appropriated for the Hispanic Writers in the Schools program;
provided further, that not less than $368,000 shall be expended for the Maurico
Gaston Institute for Latino Community Development and Public Policy at the
University of Massachusetts at Boston; provided further, that not less than
$30,000 shall be expended for the Grace Grossman Inner-City Youth Collaborative
at the University of Massachusetts Field Station on Nantucket; provided further,
that not less than $100,000 shall be expended for the Sustainable Urban Redevelopment
Program at the University of Massachusetts at Lowell; and provided further,
that not less than $350,000 shall be? expended for the William Monroe Trotter
Institute at the University of Massachusetts at Boston........................................$408,820,034
7100-0300
For the operation of the toxics use reduction institute program at the University
of Massachusetts at Lowell, in accordance with section 6 of chapter 21I of
the General Laws ..................................
$1,240,217
7100-0350
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For an assessment at the Toxics Use Reduction Institute on the feasibility
of adopting chemical or technological alternatives for the following toxic
or hazardous substances lead, formaldehyde, perchloroethylene, hexavalent
chromium, and di-(2 ethylhexyl)phthalate (DEHP); provided, that the assessment
shall, for each named toxic or hazardous substance, identify: (1) significant
uses of the toxic substance in manufacturing, consumer products and any other
applications; (2) potential human health and environmental impacts; and (3)
any alternative chemicals or technologies, both proven and emergent, and an
analysis of their potential to serve as substitutes for any of the toxic or
hazardous substances listed above, which shall include a assessment of: (a)
specific applications of any alternative chemical or technology; (b) potential
impacts on the environment, human health, workers, employment level and economic
competitiveness of the commonwealth from adopting and implementing any alternative
chemical or technology as substitutes; (c) the economic opportunities or feasibility
of adopting and implementing any alternative chemical or technology as a substitute
including, but not limited to, consideration of the potential effects on capital,
operating and production unit costs, and product price, to result from the
substitution; and provided further, that the Institute shall report its findings
to the joint committee on environment, natural resources and agriculture by
July 1, 2006.....................................................................$250,000
7100-0500
For the operation of the board of higher education's Commonwealth College
honors program at the University of Massachusetts at Amherst.................................$3,430,000
7100-0700
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the operation of the office of dispute resolution at the University of
Massachusetts at Boston under section 46 of chapter 75 of the General Laws..........................................$166,440
State Colleges.
7109-0100
For Bridgewater State College; provided, that not less than $245,814 shall
be expended for the operation of the John Joseph Moakley Center for Technological
Applications at Bridgewater State College ................. $34,153,292
7110-0100
For Fitchburg State College .................................................................$24,213,899
7112-0100
For Framingham State College; provided, that not less than $160,000 shall
be expended for the regional economic research center; provided further, that
$130,000 shall be expended for the operation of the commonwealths' global
education centers .............$20,541,080
7113-0100
For the Massachusetts College of Liberal Arts ..........................................................................$12,309,513
7113-0105
For the Massachusetts College of Liberal Arts for capacity building at the
Massachusetts College of Liberal Arts in conjunction with a pilot wireless
learning initiative in conjunction with the Massachusetts Technology Collaborative;
provided, that not less than $100,000 shall be expended for the assessment
and evaluation of the higher education resources available to residents of
Berkshire County ........................
$350,000
7114-0100
For Salem State College ...................................................$32,501,837
7114-0101
For a reserve for the operation and maintenance costs associated with the
acquisition of the GTE/Sylvania property located in the city of Salem...............................................................$701,383
7114-0105
For the aquaculture program at Salem State College established under section
274 of chapter 38 of the acts of 1995.........$200,000
7114-0106
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the second degree nursing program at Salem State College...............................................$915,900
7115-0100
For Westfield State College .......................................................................................................
$20,184,505
7116-0100
For Worcester State College .....................................................................................................
$20,501,687
7116-0101
For the Latino Education Institute at Worcester State College ....................................................
$200,000
7117-0100
For the Massachusetts College of Art ........................................................................................
$11,167,184
7118-0100
For the Massachusetts Maritime Academy; provided further, that $325,000 shall
be expended for the development of an alternative energy source with Massachusetts
Technology Collaborative ..................................... $11,107,771
Community Colleges.
7502-0100
For Berkshire Community College .............................................................................................
$8,226,345
7503-0100
For Bristol Community College ..................................................................................................
$13,687,490
7504-0100
For Cape Cod Community College ...........................................................................................
$9,829,611
7504-0101
For the operation of an environmental technology, education, and job training
partnership through Cape Cod Community College; provided, that the college
shall coordinate the partnership with the Massachusetts Maritime Academy and
the University of Massachusetts at Dartmouth; provided further, that the initiative
shall be conducted at the Massachusetts Military Reservation, or at any site
on Cape Cod determined by the college to be suitable for the purposes of on-site
education and training in the use of alternative technologies to clean up
designated superfund sites; provided further, that preference shall be given
to local applicants; and provided further, that the executive office of environmental
affairs and the University of Massachusetts at Dartmouth shall participate
in the testing and evaluation of innovative technologies ..............................................................................................................................
$124,438
7505-0100
For Greenfield Community College ............................................................................................
$8,062,547
7506-0100
For Holyoke Community College ..............................................................................................
$15,973,761
7507-0100
For Massachusetts Bay Community College ..............................................................................
$12,286,568
7508-0100
For Massasoit Community College ............................................................................................
$17,407,014
7509-0100
For Mount Wachusett Community College; provided, that $100,000 shall be expended
for the Latino education and family development program ................................................................................................................
$10,427,486
7510-0100
For Northern Essex Community College ....................................................................................
$16,554,154
7511-0100
For North Shore Community College, including the post-secondary programs of
the Essex Agricultural and Technical Institute operated by North Shore Community
College ............................................................... $17,638,434
7511-0101
The Legislature overrode the Governor's disapproval
The Governor disapproved the following item.
For the establishment and administration of the public policy institute and
resource center at North Shore Community College ........$250,000
7512-0100
For Quinsigamond Community College ......................................................................................
$12,974,525
7514-0100
For Springfield Technical Community College ............................................................................
$20,720,495
7514-0102
For the Massachusetts Center for Telecommunications and Information Technology
through the Springfield Technical Community College Assistance Corporation,
as established by section 125 of chapter 273 of the acts of 1994; provided,
that the amount appropriated in this item shall include, but not be limited
to, operating and maintaining cable television programming, distance learning
curricula, telecommunications-intensive company facilities, and a small business
incubator; provided further, that funds shall be allocated for a reserve for
the operation and maintenance expenses incurred by Springfield Technical Community
College associated with the acquisition of the Digital property; provided
further, that the college may expend revenues in an amount not to exceed $575,000
received from rent, utility, and other charges for the operation and maintenance
of the property; and provided further, that funds shall be encumbered for
an emergency reserve for unanticipated operating and maintenance expenses
of Springfield Technical Community College in the acquisition of the Digital
property.........................................................................................................................
$535,206
7515-0100
For Roxbury Community College ..............................................................................................
$9,266,398
7515-0120
For the operation of the Reggie Lewis Track and Athletic Center at Roxbury
Community College ...................$946,000
7515-0121
For the Reggie Lewis Track and Athletic Center at Roxbury Community College;
provided, that the college may expend an amount not to exceed $529,843 received
from fees, rentals, and facility expenses associated with the running and
operation of national track meets, high school track meets, high school dual
meets, Roxbury Community College athletic events, and other special athletic
events, conferences, meetings, and programs; and provided further, that only
expenses for contracted services associated with these events shall be funded
from this item ............................................. $529,843
7516-0100
For Middlesex Community College; provided, that the Federal Building on the
Lowell campus of Middlesex Community College be designated and known as the
Brad Morse Building in honor of the late Frank Bradford Morse, former congressman
and undersecretary of the United Nations, and that suitable markers bearing
such designation be erected ?.......................................
$16,979,751
7516-0200
For the Bay State Reading Institute; provided, that the program shall be administered
under contract to Middlesex Community College in programmatic collaboration
with Fitchburg State College; provided further, that the Institute shall provide
literacy based intervention in schools and districts at risk of or determined
to be underperforming in accordance with sections 1J and 1K of chapter 69
of the General Laws; provided further, that preference in the awarding of
said funds shall be given to schools and districts with a high percentage
of minority or low-income students; provided further, that such school-wide
literacy-based intervention programs shall be based on effective, research-based
instruction in reading, as called for in Reading First; provided further,
that in its evaluation of applications for said initiative, the executive
director of said initiative may take into consideration schools' cumulative
grade 3 MCAS scores; provided further, that such school-wide literacy-based
intervention programs shall provide for the evaluation and tracking of all
students' reading and writing skills at least annually, shall include measurable
goals and benchmarks, shall be led by a school-based planning team which includes
teaching faculty and the school principal, shall provide for the training
of teachers in effective, research-based strategies for reading instruction
and shall include a school-wide literacy coordinator who shall be responsible
for the coordination and training of other school staff; provided further,
that said initiative shall require that participating schools engage in frequent
assessment of the progress of individual students, including diagnostics to
pin-point the source of difficulty for struggling students, use small-group,
student-centered instruction for a substantial part of the school day in order
to allow teachers to meet the needs of individual students and differentiate
instruction to help every student reach his or her potential, use research-based
interventions that address the particular needs of struggling students, focus
on literacy instruction, including writing, across the curriculum, monitor
progress frequently to make sure that the strategies used with these students
are working, and seek out additional funding for after-school time and for
substitutes to give teachers an opportunity to plan together, to take a leadership
role in implementing change, and to meet with and observe their peers in partner
schools; and provided further, that funds appropriated in this item for said
initiative may be expended through June 30, 2007.................$1,000,000
7518-0100
For Bunker Hill Community College; provided, that $108,000 shall be obligated
for the life focus center .........$17,697,906
7520-0424
For a health and welfare reserve for eligible personnel employed at the community
and state colleges ............... $3,850,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.
Office of the Secretary.
8000-0000
The Governor reduced the following item and disapproved
the wording.
For the office of the secretary, including the administration of the committee
on criminal justice and the highway safety bureau to provide matching funds
for a federal planning and administration grant pursuant to 23 U.S.C. section
402; provided, that not less than $50,000 shall be expended for a commission
to be known as the State Resilience Development and Anti-Terrorism Commission
which shall be comprised of 5 members who shall be appointed by the Inspector
General, 1 of whom shall be a representative of organized labor and 1 of whom
shall be a representative of management and chapters 268A and 268B of the
General Laws shall not apply to members of the commission who are not otherwise
subject to said chapters 268A and 268B; provided, further, that the commission
shall not be subject to sections 11A and 11A1/2 of chapter 30A of the General
Laws; provided further, that the commission shall be responsible for researching,
developing, and coordinating resilience-building programs and protocols, including,
but not limited to, risk communication protocols, community strategies to
maximize public adherence to disaster contingency plans, training for teachers
and school personnel to guide students through disasters and tools for first
responders to maximize their effectiveness during and after a crisis; provided
further, that the commission shall approve and audit all state, local and
regional programs and ensure that all state, local and federal funding and
grants are appropriately expended; provided further, that the commission shall
analyze state and local preparedness for terrorism to ensure that the state
public health infrastructure is prepared to adequately respond to the psychological?
and physical consequences across a continuum of possible terrorism events;
provided further, that the commission shall ensure that state and local disaster
planners address psychological and physical consequences in their planning
and preparedness and in their response to pre-event, event and post-event
phases of terrorist attacks; provided further, that due consideration shall
be given to needs associated with different types of terrorism events and
to needs for various segments of the population; provided further, that due
consideration shall also be given to providing adequate state and local prioritization
and funding of resources and support for psychological preparedness and response;
provided further, that the commission shall develop strategies for encouraging
state public health and mental health agencies to closely collaborate in the
development of integrated, science-based programs and protocols designed to
increase psychological resilience and mitigate distress reactions and maladaptive
behaviors to a conventional, biological, chemical or radiological attack in
the commonwealth; provided further, that the commission may hire staff, contract
and enter into agreements for the operation of the commission; and provided
further, that the commission may seek grants and other funding sources for
the operation of the commission.......................................$2,300,856 $2,250,856
General Fund ................................................................................................................. ?15.0%
Highway Fund ............................................................................................................... ?85.0%
8000-0010
For community policing grants to be administered by the executive office of
public safety; provided, that no such grants shall be awarded to the department
of state police; provided further, that notwithstanding chapter 172 of the
acts of 2004, any community earmarked to receive community policing funds
in item 8000-0010 of section 2 of chapter 26 of the acts of 2003, including
funds allocated by section 67 of chapter 140 of the acts of 2003 or in item
7003-0702 of section 2 of chapter 149 of the acts of 2004, shall receive 100
per cent of the amount so earmarked in fiscal year 2006; provided further,
that no community shall receive a grant in fiscal year 2006 which is less
than that received in fiscal year 2003; provided further, that $250,000 shall
be made available to municipalities specified under item 8100-0000 to curb
gang-related activities; provided further, that the secretary of public safety
shall distribute the monies from the preceding proviso through a competitive
grant program that gives preference to applications that demonstrate a commitment
to multi-jurisdictional collaborative strategies to deal with curbing gang-related
activities; provided further, that $80,000 shall be provided for community
policing in Newburyport; provided further, that not less than $25,000 shall
be made available for the safe use of the Neponset river bicycle path in the
town of Milton; provided further, that $47,000 shall be provided for community
policing in Swampscott; provided further, that $83,920 shall be provided for
community policing in Framingham; provided further, that $20,000 shall be
provided for community policing in Revere; provided further, that $165,000
of the grants awarded to Boston shall be provided for community policing in
the Dudley square section of Roxbury in the city of Boston; provided further,
that $240,000 of the grants awarded to Boston shall be provided for community
policing in West Roxbury and Hyde Park; provided further, that $38,000 shall
be provided for community policing in Falmouth; provided further, that $19,200
shall be provided for community policing in Kingston; provided further, that
$19,200 shall be provided for community policing in Pembroke; provided further,
that $100,000 shall be provided for community policing in Plymouth; provided
further, that $38,000 shall be provided for community policing in Plympton;
provided further, that $50,000 shall be provided for community policing in
Sandwich; provided further, that grants shall only be expended on items that
are related to community policing activities, programs, purchases or construction;
provided further, that grant funds shall not be expended on food and beverages,
recruit training academy tuition, salaries and benefits for non-community
policing personnel and payments for non-related overtime; and provided further,
that, not later than March 15, 2006, the executive office of public safety
shall submit a report to the house and senate committees on ways and means
detailing the amount of grants awarded to these grant recipients and descriptions
of these grants ..................................... $21,271,035
8000-0040
For police career incentives to reimburse certain cities and towns for career
incentive salary increases for police officers.................................$46,092,122
8000-0060
For the costs associated with implementation of chapter 228 of the acts of
2000; provided, that the secretary of public safety may allocate funds appropriated
in this item to agencies within the executive office of public safety ..................................$150,000
8000-0202
For the purchase and distribution of sexual assault evidence collection kits
.................................. $80,000
8000-0619
For the distribution of grants for city and town student awareness of fire
education programs, to be known as S.A.F.E programs, which shall include information
about the fire risks caused by smoking; provided, that grants awarded by the
executive office of public safety to a municipality under the program shall,
when applicable, be in an amount not less than the amount of the grant each
such municipality received in fiscal year 2000.................................1,078,666
Office of Chief Medical Examiner.
8000-0105
For the operation of the office of the chief medical examiner established
pursuant to chapter 38 of the General Laws; provided, that not less than $850,000
shall be expended for toxicology testing and results ........... $6,542,664
8000-0106
For the operation and related costs of the state police crime laboratory;
provided, that the analysis of narcotic drug synthetic substitutes, poisons,
drugs, medicines, and chemicals shall be funded in this item in order to support
the law enforcement efforts of the district attorneys, the state police and
municipal police departments; provided further, that the agency shall contract
with a public institution to conduct testing for criminal cases; provided
further, that the agency shall enter into agreements with the various district
attorneys to provide forensic services for criminal cases brought forth by
the commonwealth; and provided further, that the practices and procedures
of the state police crime laboratory shall be informed by the recommendations
of the Forensic Sciences Advisory Board............................... $12,199,007
8000-0122
The office of the chief medical examiner may expend for its operations an
amount not to exceed $1,000,000 in revenues collected from fees for services
provided by the chief medical examiner; provided, that notwithstanding any
general or special laws to the contrary, for the purposes of accommodating
timing discrepancies between the receipt of retained revenues and related
expenditures, the agency may incur expenses and the comptroller may certify
for payment amounts not to exceed the lower of this authorization or the most
recent revenue estimate as reported in the state accounting system...................$1,000,000
Sex Offender Registry Board.
8000-0125
For the operation of the sex offender registry program, including, but not
limited to, the costs of maintaining a computerized registry system and the
classification of persons subject to the registry .........................................
$ 3,597,380
8000-0225
The Governor disapproved the following item.
The sex offender registry board may expend an amount not to exceed $750,000
from revenues collected from sex offender registration fees for the purpose
of expediting the final classification of sex offenders and reducing the current
case backlog; provided, that $200,000 shall be expended for interagency service
agreements between the sex offender registry board and the various district
attorneys in order to defray the costs incurred by the district attorneys
from proceedings relative to the civil commitment of sexually dangerous persons,
including, but not limited to, probable cause hearings and trials initiated
pursuant to sections 12 to 15, inclusive, of chapter 123A of the General Laws
........................... $750,000
Criminal History Systems Board
8000-0110
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For the operation of the criminal history systems board; provided, that the
board shall fund 1 administrative assistant who shall be employed in the victim
services unit of the board for the continued and enhanced operation of the
post-conviction victim and witness certification program operated pursuant
to chapter 258B and clause (c) of the first paragraph of section 172 of chapter
6 of the General Laws; provided further, that said victim services position
shall be in addition to any such positions approved as of February 1, 1998;
provided further, that not more than $75,000 shall be expended for the purpose
of enabling local housing authorities access to criminal offense information
when qualifying applicants for state-assisted housing; provided further, that
the board shall, not later than September 30, 2005, adopt regulations to: a)
assure that the distribution of criminal offender record information relates
to the individual for whom the request has been made; b) afford practical
assistance in corrections to a criminal offender record information report
to an individual who submits evidence to the board that any charges in a criminal
offender record information report distributed by the board and purportedly
relating to that individual, in fact, do not relate to that individual;
c) limit the distribution of criminal offender record information to conviction
data and data regarding any pending criminal charge, except as otherwise authorized
by law; and d) require that any entity other than a criminal justice agency
that receives a criminal offender record information report from the board
as to an individual and, as a result of that report is inclined to make an
adverse decision as to the individual, shall, before making a final decision,
afford the individual an opportunity to dispute the accuracy and relevance
of the criminal offender record information report; and provided further,
that not later than January 1, 2006, the board shall file a report with the
house and senate committees on ways and means detailing the steps the board
has taken to implement the preceding proviso and the success of those steps
in improving the accuracy of the criminal offender record information system..........................................$2,826,982
Highway Fund ............................................................................................................... ?50.0%
General Fund ................................................................................................................. ?50.0%
8000-0180
For the implementation of the Massachusetts instant recording and check system
........................ $400,000
8000-0190
For a retained revenue account for the criminal history systems board; provided,
that the board may expend not more than $185,000 from fees collected for criminal
offender record information requests; provided further, that for the purpose
of accommodating timing discrepancies between the receipt of retained revenues
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system
.............................................. $185,000
8000-1122
For the telecommunications and information technology costs of the criminal
history systems board; provided, that no funds provided in this item shall
be expended in the KK object class ....................................................
$3,117,681
Department of State Police
8100-0000
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For the administration and operation of the department of state police; provided,
that costs associated with the 77th and 78th state police classes shall be
funded from this item; provided further, that the department shall expend
funds from this item for the purpose of maximizing federal grants for the
operation of a counter-terrorism unit; provided further, that the department
shall maintain the division of field services which shall include, but not
be limited to, the bureau of metropolitan district operations; provided further,
that not fewer than 40 officers may be provided to the department of conservation
and recreation for the purpose of patrolling the watershed property of the
department of conservation and recreation; provided further, that funds shall
be expended from this item for the administration and operation of an automated
fingerprint identification system and the motor carrier safety assistance
program; provided further, that not fewer than 5 officers shall be provided
to the disabled persons protection commission for the purpose of investigating
cases of criminal abuse; provided further, that the department shall enter
into an interagency agreement with the department of conservation and recreation
to provide police coverage on department properties and parkways; provided
further, that the creation of a new or the expansion of the existing statewide
communications network shall include the office of law enforcement in the
executive office of environmental affairs at no cost to, or compensation from,
that office; provided further, that not less than $2,328,946 shall be expended
for the payroll costs of the state police directed patrols; provided further,
that any community that was selected to receive earmarked funds in fiscal
year 2004 shall receive 100 per cent of the amount so earmarked in fiscal
year 2006; provided further, that not less than $1,050,000 shall be expended
to curb gang-related activities in the cities of Boston, Brockton, Chelsea,
Fall River, Fitchburg, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Revere,
Somerville, Springfield and Worcester; provided further, that $100,000 shall
be expended for the SCARR program; provided further, that not less than $50,000
shall be expended for patrols in Berkshire county; provided further, that
$50,000 shall be expended for patrols in the Myles Standish state park in
the town of Plymouth; provided further, that $75,000 shall be expended
for the 5-A program in the city of Springfield; and provided further,
that the department may expend funds from this item for the administration
of budgetary, procurement, fiscal, human resources, payroll and other administrative
services of the office of the chief medical examiner, the municipal police
training committee and the criminal history systems board; and provided
further, that not less than $62,400 shall be expended for the state police-South
Yarmouth to prevent accidents and expedite traffic flow in the town of Yarmouth
....................
$211,186,780
Highway Fund ............................................................................................................. ?88.20%
General Fund ............................................................................................................... ?11.80%
8100-0006
For private police details; provided, that the department may expend up to
$13,500,000 in revenues collected from fees charged for private police details
and for the costs of administering such details; and provided further, that
notwithstanding any general or special law to the contrary, the department
may incur, and the comptroller may certify for payment, expenses and liabilities
during fiscal year 2006 to be charged to this item in an amount not to exceed
the lower of this authorization or the most recent revenue estimate as reported
in the state accounting system for the purposes stated in this item to accommodate
the delayed receipt of revenues authorized to be retained in this item during
fiscal year 2006.................................................$13,500,000
8100-0007
For the overtime of State police officers, including the operation of the
drug enforcement task force; provided, that the department shall furnish,
on a quarterly and annual basis, a report to the house and senate committees
on ways and means outlining by category, division and cost in which overtime
hours were worked; and provided further, that the report shall also include
a calculation reviewing the reduced number of overtime hours worked and savings
to the department resulting from the addition of the 77th, 78th, and 79th
state police classes ........................................................
$13,010,782
Highway Fund ............................................................................................................. ?88.20%
General Fund ............................................................................................................... ?11.80%
8100-0011
The department may expend an amount not to exceed $3,600,000 for certain police
activities provided pursuant to agreements authorized in this item; provided,
that for fiscal year 2006, the superintendent of the state police may enter
into service agreements with the commanding officer or other person in charge
of a military reservation of the United States located in the Massachusetts
Development Finance Agency, established in chapter 23G of the General Laws;
provided further, that such agreements shall establish the responsibilities
pertaining to the operation and maintenance of police services including,
but not limited to: (1) provisions governing payment to the department
for the cost of regular salaries, overtime, retirement and other employee
benefits; and (2) provisions governing payment to the department for the cost
of furnishings and equipment necessary to provide such police services; provided
further, that the department may charge any recipients of police services
for the cost of such services, as authorized by this item; provided further,
that the department may retain the revenue so received and expend such revenue
as necessary pursuant to this item to provide the agreed level of services;
provided further, that the superintendent may enter into service agreements
as may be necessary to enhance the protection of persons, as well as assets
and infrastructure located within the commonwealth, from possible external
threat or activity, provided that such agreements shall establish the responsibilities
pertaining to the operation and maintenance of police services including,
but not limited to: (1) provisions governing payment to the department
for the cost of regular salaries, overtime, retirement and other employee
benefits; and (2) provisions governing payment to the department for the cost
of equipment necessary to provide such police services; provided further,
that the department may charge any recipients of police services for the cost
of such services, as authorized by this item; provided further, that the department
may retain the revenue so received and expend such revenue as necessary pursuant
to this item to provide the agreed level of services; provided further, that
the superintendent may expend from this item costs associated with joint federal
and state law enforcement activities from federal reimbursements received
therefore; and provided further, that notwithstanding any general or special
law to the contrary for the purposes of accommodating discrepancies between
the receipt of retained revenues and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not
exceed the lower of this authorization or the most recent revenue estimate
................................... $3,600,000
Highway Fund ............................................................................................................. ?100.0%
8100-0012
The department of state police may expend for the costs of security services
provided by state police officers, including overtime and administrative costs,
an amount not to exceed $1,000,000 from fees charged for these services; provided,
that notwithstanding the provisions of any general or special law to the contrary,
for the purpose of accommodating timing discrepancies between the receipt
of retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower
of this authorization or the most recent revenue estimate therefore as reported
in the state accounting system ......................................................
$1,000,000
8100-0020
The department may expend an amount not to exceed $150,000 in fees charged
for the use of the statewide telecommunications system for the maintenance
of the system ..................................................... $150,000
8100-0101
The department of state police may expend for the Governor's Auto Theft Strike
Force an amount not to exceed $368,000 from fees for services performed through
the auto etching program and from assessments upon the insurance industry...........................$368,000
8100-0515
For the training and related costs of additional state police recruit training
troops ......................... $4,418,246
Municipal Police Training Committee
8200-0200
For the operation of veteran, reserve and in-service training programs conducted
by the municipal police training committee; provided, that the committee shall
expend not less than $250,000 in accordance with chapter 30B of the General
Laws, for training and technical assistance for chiefs of police and administrative
or command personnel by: a) a combination of training manuals, seminars,
computer based training and distance learning; b) research, drafting and mailing
of monthly articles and presentations on legal and administration topics;
c) training presentations during and following monthly meetings of policy
chiefs; d) e-mail, toll-free consultation to chiefs on administrative issues
and follow-up on seminar topics; e) a state-wide 3 day training conference
on management, legal and leadership issues; provided further, that under no
circumstances shall any expenditures authorized by this item be charged to
item 8200-0222; provided further, that not less than $50,000 shall be expended
for the purpose of a feasibility study of a multi-use public safety structure
in the town of Paxton; provided further, that not less than $25,000 be provided
to the Municipal Police Training Academy located in the town of Boylston for
the purpose of increased rental, maintenance and utility costs to be paid
to the town of Boylston; and provided further, that no expenditures shall
be made, on or after the effective date of this act, which would cause the
commonwealth's obligation for the purpose of this item to exceed the amount
appropriated in this item .................................. $3,316,478
8200-0222
The committee may collect and expend an amount not to exceed $1,363,500 for
the purposes of providing training to new recruits; provided, that the committee
shall charge $2,300 per recruit for the training; provided further, that notwithstanding
any general or special law to the contrary, the committee shall charge a fee
of $2,300 per person for training programs operated by the committee for all
persons who begin training on or after July 1, 2005; provided further, that
the fee shall be retained and expended by the committee; provided further,
that the trainee, or, if the trainee is a recruit, the municipality in which
the recruit shall serve, shall provide the fee in full to the committee no
later than the first day of orientation for the program in which such trainee
or recruit has enrolled; provided further, that no recruit or person shall
begin training unless the municipality or the person has provided the fee
in full to the committee; provided further, that for recruits of municipalities,
upon the completion of the program, the municipality shall deduct the fee
from the recruit's wages in 23 equal monthly installments, unless otherwise
negotiated between the recruit and the municipality in which the recruit shall
serve; provided further, that if a recruit withdraws from the training program
before graduation, the committee shall refund the municipality in which the
recruit was to have served a portion of the fee according to the following
schedule: if a recruit withdraws from the program before the start of
week 2, 75 per cent of the payment shall be refunded; if a recruit withdraws
from the program after the start of week 2 but before the start of week 3,
50 per cent of the fee shall be refunded; if a recruit withdraws from the
program after the start of week 3 but before the start of week 4, 25 per cent
of the fee shall be refunded; if a recruit withdraws after the start of week
4, the fee shall not be refunded; provided further, that a recruit who withdraws
from the program shall pay the municipality in which he was to have served
the difference between the fee and the amount forfeited by the municipality
according to the schedule; provided further, that the schedule shall also
apply to trainees other than recruits who enroll in the program; provided
further, that no expenditures shall be charged to this item that are not directly
related to new recruit training; provided further, that no expenditures shall
be charged to this item that are related to chief, veteran, in-service, or
reserve training, or any training not directly related to new recruits; provided
further, that the committee shall submit a report on the status of recruit
training, including the number of classes, start and end dates of each class,
total number of recruits enrolled and graduating in each class, cost per recruit
and cost per class for fiscal years 2005 and 2006; provided further, that
the report shall be submitted to the house and senate committees on ways and
means no later than January 1, 2006; and provided further, that for the purposes
of accommodating discrepancies between the receipt of retained revenues and
related expenditures, the committee may incur expenses and the comptroller
may certify for payments not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system....................................................................$1,363,500
Department of Public Safety
8311-1000
For the administration of the department of public safety, including the board
of building regulations and standards and the architectural access board;
provided, that the department may charge fees for permitting the operation
of amusement devices and to support the department's participation in the
National Council for Amusement and Recreational Equipment Safety; provided
further, that the department may charge fees for amusement operator certification;
and provided further, that the salaries of the commissioner and the deputy
commissioner of the department of public safety shall be paid from this item
.........$1,099,359
8315-1000
For the administrative costs of the division of inspections; provided, that
the expenses of the state boxing commission shall be paid from this item;
provided further, that a doctor's certificate from another state shall be
accepted as evidence of an eye examination; provided further, that no funds
shall be expended from this item for the salaries of the commissioner or deputy
commissioner of public safety; provided further, that the department shall
employ not less than 46.5 full-time equivalent elevator inspectors, including
an additional engineer inspector; provided further, that such additional engineer
inspector's duties shall include, but not be limited to, administering pipefitter
license examinations; provided further, that such an additional engineer inspector
and elevator inspectors shall be regular state employees compensated from
the AA object class of this item; provided further, that such additional engineer
inspector position shall be in addition to any such positions added during
fiscal year 1995; provided further, that the division shall develop reasonable
rules or promulgate regulations for the granting of hardship fee exemptions
to certain owners or persons in control of a building or domicile in which
an elevator is operated; provided further, that the division shall report
to the house and senate committees on ways and means on the elevator inspection
backlog not later than October 1, 2005; provided further, that the division
shall develop and maintain an electronic database that shall include, but
not be limited to, the location and a categorical classification of buildings
in which inspections are conducted; and provided further, that the division
shall inspect all elevators in the state house and the McCormack office building
...............$5,062,854
8315-1020
The department of public safety may expend not more than $1,700,000 in revenues
collected from fees for annual elevator and amusement park ride inspections;
provided, that funds shall be expended for the operation of the department
and for the purposes of addressing the existing elevator inspection backlog;
provided further, that the department shall make efforts to employ inspectors
that will perform overnight and weekend inspections as their regular work
shift; provided further, that notwithstanding any general or special law to
the contrary, for the purpose of accommodating timing discrepancies between
the receipt of retained revenues and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not
to exceed the lower of this authorization or the most-recent revenue estimate
as reported in the state accounting system ...............$1,700,000
8315-1025
The department of public safety may collect and expend an amount not to exceed
$80,000 for the purposes of providing state building code training and courses
for instruction; provided, that the agency may charge fees for the classes
and education materials associated with administering training; and provided
further, that for the purposes of accommodating discrepancies between the
receipt of retained revenues and related expenditures, the department may
incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate
as reported in the state accounting system ..........................................$80,000
Department of Fire Services.
8324-0000
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For the administration of the department of fire services, including the state
fire marshal's office, the hazardous materials emergency response program
and the Massachusetts firefighting academy, including the Massachusetts fire
training council certification program, municipal and non-municipal fire training,
and expenses of the council; provided, that the fire training program shall
use the split days option; provided further, that notwithstanding any general
or special law to the contrary, 100 per cent of the amount appropriated in
this item for the administration of the department of fire services, the state
fire marshal's office and the Massachusetts firefighting academy shall be
assessed upon insurance companies writing fire, homeowners multiple peril
or commercial multiple peril policies on property situated in the commonwealth
and paid within 30 days after receiving notice of such assessment from the
commissioner of insurance; provided further, that notwithstanding any general
or special law to the contrary, 100 per cent of the amount appropriated in
this item for the operation of the hazardous materials emergency response
program shall be assessed upon insurance companies writing commercial multiple
peril, non-liability portion, policies on property situated in the commonwealth
and commercial auto liability policies as referenced in line 5.1 and line
19.4, respectively, in the most recent annual statement on file with the commissioner
of insurance; provided further, that notwithstanding any general or special
law to the contrary, funds scheduled in the PP object class, pursuant to section
27 of chapter 29 of the General Laws for this item in fiscal year 2006 shall
not be transferred to any other object class in said fiscal year; provided
further, that not more than 10 per cent of the amount designated for the arson
prevention program shall be expended for the administrative cost of the program;
provided further, that the expenses of the board of fire prevention regulations,
pursuant to section 4 of chapter 22D of the General Laws, shall be paid from
this item; provided further, that $100,000 shall be expended to Norfolk
County for the purpose of the establishment of the Norfolk County dispatch
center at the Massachusetts Hospital School in Canton; provided further,
that the expenses of the fire safety commission shall be paid from this item;
provided further, that $25,000 shall be expended for the costs of operating
the fire starters program by the Plymouth county juvenile court; and provided
further, that not less than $100,000 be expended for the administration of
a statewide program to provide for critical incident stress intervention for
the fire departments of the cities, towns, and fire districts of the commonwealth
including, but not limited to, consultant services, training, equipment, and
supplies...................$10,323,098
8324-1101
For the costs of the department for the enforcement of underground storage
tank compliance standards set forth in sections 38B to 38I, inclusive, of
chapter 148 of the General Laws and the rules and regulations promulgated
pursuant thereto .........................................$106,240
Merit Rating Board.
8400-0100
For the operation of the safe driver insurance plan authorized pursuant to
section 113B of chapter 175 of the General Laws, including the rent, related
parking and utility expenses of the merit rating board; provided, that notwithstanding
the provisions of any general or special law to the contrary, no safe driver
insurance plan shall require the payment of an unsafe driver point surcharge
for the first offense for non-criminal, motor vehicle traffic violations as
described in chapter 90C of the General Laws .................................................$8,606,736
Highway Fund ...........................................................................100.0%
Military Division.
8700-0001
For the operation of the military division, including the offices of the adjutant
general and state quartermaster, the operation of the armories, the camp Curtis
Guild rifle range and certain national guard aviation facilities; provided,
that notwithstanding chapter 30 of the General Laws, certain military personnel
in the military division may be paid salaries according to military pay grades;
and provided further, that the adjutant general shall maintain a roster of
Massachusetts veterans as directed by section 15 of chapter 33 of the General
Laws ...........................................................$5,451,741
8700-1140
The state quartermaster may expend an amount not to exceed $400,000 from revenues
collected for the purposes described in this item; provided, that the state
quartermaster may expend from fees collected for the non-military rental or
use of armories for the costs of utilities and maintenance; and provided further,
that the state quartermaster may expend an amount not to exceed $250,000 for
salaries, subsistence, quarters, and associated costs for national guard soldiers
ordered to perform state missions pursuant to chapter 33 of the General Laws,
from revenues resulting from the acceptance of funds from any person, governmental
entity or non-governmental entity to defray such expenses ........... $400,000
Massachusetts Emergency Management Agency.
8800-0001
For the operations of the Massachusetts emergency management agency; provided,
that expenditures from this item shall be contingent upon the prior approval
of the proper federal authorities .............................................
$997,301
8800-0100
For the nuclear safety preparedness program of the Massachusetts emergency
management agency; provided, that the costs of the program, including fringe
benefits and indirect costs, shall be assessed upon Nuclear Regulatory Commission
licensees operating nuclear power generating facilities in the commonwealth;
provided further, that the department of telecommunications and energy shall
develop an equitable method of apportioning such assessments among such licensees;
and provided further, that such assessments shall be paid during the current
fiscal year as provided by the department .............$388,855
8800-0200
For the Seabrook nuclear safety preparedness and radiological emergency response
plan evaluations program; provided, that the cost of the program, including
associated fringe benefits and indirect costs, shall be assessed on electric
companies in the commonwealth which own, in whole or in part, or purchase
power from, nuclear power plants located outside the commonwealth whose nuclear
power plant areas, as defined in section 2B of chapter 639 of the acts of
1950, include communities located within the commonwealth and shall be credited
to the General Fund; provided further, that the department of telecommunications
and energy shall develop an equitable method of apportioning such assessments
among the licensees; provided further, that such assessments shall be paid
during the current fiscal year as provided by the department; provided further,
that for the purposes of this item, "electric companies" shall mean
all persons, firms, associations and private corporations which own or operate
works or a distributing plant for the manufacture and sale or distribution
and sale of electricity within the commonwealth; and provided further, that
the term "electric company" shall not include municipalities or
municipal light plants ......................$269,473
8800-0300
The Legislature overrode the Governor's disapproval
The Governor reduced the following item and disapproved
the wording.
For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire
including a continuous real-time radiological monitoring system for Massachusetts
cities and towns located within the emergency planning zone of the nuclear
power plant; provided, that the cost of this item, including any applicable
fringe benefits and indirect costs, shall be assessed on electric companies
in Massachusetts which own, in whole or in part, or purchase power from the
Seabrook nuclear power plant; provided further, that the department of telecommunications
and energy shall develop an equitable method of apportioning such assessments
among the licensees; provided further, that such assessments shall be paid
during the current fiscal year as provided by the department; provided further,
that for the purposes of said item, electric companies shall be defined as
all persons, firms, associations and private corporations which own or operate
works or distribute electricity in the commonwealth; provided further, that
the term "electric companies" shall not include municipalities or
municipal light plants; provided further, that not less than $75,000 shall
be expended for the upgrading and installation of updated monitoring equipment
for C-10 of Newburyport this expense shall be apportioned according to the
formula stated above; and provided further, that the department shall report
to the house and senate committees on ways and means not later than March
1, 2006 the results of the monitoring project between the department and the
citizens monitoring group, including but not limited to, the reasons for increases
and decreases in radiation levels .....................................................
$165,356
Department of Correction
8900-0001
The Legislature overrode the Governor's disapproval
The Governor disapproved
the item.
For the operation of the commonwealth's department of correction; provided,
that the department shall expend not less than $1,010,500 to cities and towns
hosting facilities; provided further, that one-half of the number of inmates
incarcerated at Souza Baranowski correctional center shall be deemed to be
incarcerated within a correctional facility in the town of Shirley and one-half
shall be deemed to be incarcerated within a correctional facility in the town
of Lancaster; provided further, that before closing any correctional facility,
the commissioner of corrections and the secretary of public safety shall report
to the house and senate committees on ways and means and public safety on
the per-inmate cost of incarceration in the closing facility, and the per-inmate
cost in the facilities to which inmates will be moved; provided further, the
commissioner of corrections and the secretary of public safety shall report
to the house and senate committees on ways and means and public safety before
January 1 of each year the point score compiled by the department of correction's
objective classification system for all prisoners confined in each prison
operated by the department; provided further, that not less than $200,000
shall be provided for the Aid to Incarcerated Mothers organization; provided
further, that not less than $40,000 shall be provided for the Dismas House
in the city of Worcester; provided further, that the department shall expend
not less than $500,000 to the community hosting the facility at Cedar Junction;
provided further, that the department may expend funds appropriated herein
for the administration of budgetary, procurement, fiscal, human resources,
payroll and other administrative services of the military division, the Massachusetts
parole board and the sex offender registry board; and provided further, that
not less than $100,000 be allocated to the Center for Women in Politics and
Public Policy at the University of Massachusetts, Boston to conduct a comprehensive
study of resources and best practices that develop and strengthen the family
connections of women inmates and their children ........................................
$430,966,325
8900-0010
For prison industries and farm services .......................................................................................
$2,783,521
8900-0011
For a prison industries and farm services revenue retention account; provided,
that the department may expend an amount not to exceed $2,600,000 from revenues
collected from the sale of products, for materials, supplies, equipment, maintenance
of facilities and compensation of employees of the program; and provided further,
that all expenditures from this item shall be subject to chapter 29 of the
General Laws and recorded on the Massachusetts management accounting and reporting
system ..............................................................................$2,600,000
8900-0045
The department of correction may expend for the operation of the department,
including personnel-related expenses, an amount not to exceed $3,000,000 from
revenues received from federal inmate reimbursements; provided, that $900,000
from said reimbursements shall not be available for expenditure and shall
be deposited in the General Fund prior to the retention by the department
of any said reimbursements; and provided further, that notwithstanding the
provisions of any general or special law to the contrary, for the purpose
of accommodating timing discrepancies between the receipt of retained revenues
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system
...........................................................
$3,000,000
County Corrections
8910-0000
For a reserve to fund county correctional programs; provided, that funds appropriated
in this item shall be distributed among the sheriffs departments of Barnstable,
Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties by the county
government finance review board upon prior notification to the house and senate
committees on ways and means; provided further, that funds appropriated in
this item shall be in addition to and contingent on item 1599-7092; provided
further, that funds made available to Plymouth county may be expended for
operating and debt service costs associated with state inmates housed in the
Plymouth county facility, pursuant to the provisions of clauses 3 and 4 of
the Memorandum of Agreement signed May 14, 1992; provided further, that funds
distributed from this item shall be paid to the treasurer of each county who
shall place such funds in a separate account within the treasury of each such
county; provided further, that the treasurer shall authorize temporary transfers
into this account for operation and maintenance of jails and houses of correction
in advance of receipt of the amount distributed by the commonwealth under
this item; provided further, that upon receipt of the state distribution,
the treasurer may transfer out of such account an amount equal to the funds
so advanced; provided further, that all funds deposited in such accounts and
any interest accruing thereto shall be used solely for the functions of the
sheriffs' departments of the various counties including, but not limited to,
maintenance and operation of jails and houses of correction, without further
appropriation; provided further, that the sheriff's department of each county
shall reimburse the county treasurer of each county for personnel-related
expenses, with the exception of salaries, attributable to the operations of
the sheriff's department of each county heretofore paid by the county including,
but not limited to, the cost of employee benefits; provided further, that
the spending plans required by this item shall be developed by the county
government finance review board, in consultation with the Massachusetts Sheriffs'
Association; provided further, that in accordance with section 247 of chapter
38 of the acts of 1995, all spending plans shall be detailed by object class
and object code in accordance with the expenditure classification requirements
promulgated by the comptroller; provided further, that such spending plans
shall be accompanied by a delineation of all personnel employed by each county
correctional facility including, but not limited to, position, title, classification,
rank, grade, salary and full-time or part-time status; provided further, that
such spending plans shall be accompanied by a delineation of all vehicles
leased, owned or operated by each county sheriff; provided further, that no
sheriff shall purchase any new vehicles or major equipment in fiscal year
2006 unless such purchase is made pursuant to a multicounty or regionalized
collaborative procurement arrangement or unless such purchase is directly
related to significant population increase or is otherwise necessary to address
an immediate and unanticipated public safety crisis and is approved by the
county government finance review board and the executive office of public
safety; provided further, that notwithstanding the provisions contained in
this item, sheriffs may purchase "marked" prisoner transportation
vans, upon notification to the county government finance review board; provided
further, that notwithstanding any special law to the contrary, no county treasurer
shall retain revenues derived by the sheriffs from commissions on telephone
service provided to inmates or detainees; provided further, that the revenues
shall be retained by the sheriffs not subject to further appropriation for
use in a canteen fund; provided further, that the county government finance
review board and the executive office of public safety shall identify and
develop county correction expenditures which shall be reduced through shared
contracts, regionalized services, bulk purchasing and other centralized procurement
savings programs; provided further, that the daily count sheet for county
facilities, 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, 2005,
each county sheriff shall submit a final spending plan for fiscal year 2006
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; provided further, that
failure by a county sheriff to comply with any provision of this item shall
result in a reduction of subsequent quarterly payments to amounts consistent
with a rate of expenditure of 95 per cent of the rate of expenditure for fiscal
year 2005, as determined by the county government finance review board; provided
further, that each sheriff shall submit to the executive office of public
safety and the house and senate committees on ways and means copies of such
spending plans not later than August 15, 2005; provided further, that on or
before September 15, 2005, the county government finance review board shall
have approved final fiscal year 2006 county correction budgets; provided further,
that the county government finance review board shall provide the executive
office of public safety and the house and senate committees on ways and means
with copies of such approved budgets not later than October 15, 2005; provided
further, that such budgets shall include distribution schedules for the final
2 quarters of fiscal year 2006 and such plans shall be used to make all subsequent
quarterly distributions; provided further, that services shall be provided
to the extent determined to be possible within the amount appropriated in
this item and each sheriff shall make all necessary adjustments to ensure
that expenditures do not exceed the appropriation; provided further, that
each county shall expend during fiscal year 2006, for the operation of county
jails and houses of correction and other statutorily authorized facilities
and functions of the office of the sheriff, in addition to the amount distributed
from this item, not less than 102.5 per cent of the amount expended in fiscal
year 2005 for such purposes from own-source revenues, which shall not be less
than 5 per cent of total county revenues including, but not limited to, amounts
levied pursuant to sections 30 and 31 of chapter 35 of the General Laws and
amounts provided pursuant to sections 11 to 13, inclusive, of chapter 64D
of the General Laws; provided further, that in fiscal year 2006, those counties
which have not met maintenance of effort obligations in prior fiscal years
shall expend not less than the minimum contribution, as defined above from
own-source revenues; provided further, that notwithstanding the provisions
stated in this item, the maintenance of effort obligations for Suffolk county
shall be 4 per cent of the total fiscal year 2006 Suffolk county correction
operating budget as approved by the county government finance review board;
provided further, that notwithstanding any general or special law to the contrary,
the deputy commissioner of local services shall certify on or before May 15,
2006 that all municipalities have appropriated and transferred to their respective
county treasuries, not less than 102.5 per cent of the municipality's prior
year obligations or minimum contributions as defined above, whichever is greater,
for county corrections; provided further, that if a municipality fails to
transfer such obligation, the deputy commissioner shall withhold an amount
equal to the shortfall in the obligation due to the county from such municipality's
fourth quarter local aid "cherry sheet" distribution, authorized
from item 0611-5500 of section 2 and from funds made available from the State
Lottery Fund distribution in section 3; provided further, that on or before
August 1, 2005, the deputy commissioner shall report all such withholdings
to the house and senate committees on ways and means; provided further, that
in fiscal year 2006, notwithstanding section 20A of chapter 59 of the General
Laws, any county except Suffolk and Nantucket may increase its county tax
for the fiscal year by an additional amount if the total amount of such additional
county tax is approved by two-thirds of the cities and towns in the county,
in towns by a majority vote of the town meeting or town council, and in cities
by a majority vote of the city council or board of aldermen, with the approval
of the mayor or manager; 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 than September 30, 2005 ...................................$140,260,963
8910-0002
For the administration of a sex offender warrant unit program in the Barnstable
county sheriff's office; provided, that the unit shall support the regional
cape cod sex offender management task force, provide address verification
and maintain a regional sex offender database for local law enforcement..................$152,000
8910-0003
For 2 regional behavioral evaluation and stabilization units to provide forensic
mental health services within existing physical facilities for incarcerated
persons in the care of correctional facilities in the commonwealth; provided,
that 1 unit shall be located in? Hampden county to serve the needs of incarcerated
persons in the care of Berkshire, Franklin, Hampden, Hampshire, and Worcester
counties; provided further, that 1 unit shall be located in Middlesex County
to serve the needs of incarcerated persons in the care of Barnstable, Bristol,
Dukes, Essex, Nantucket, Middlesex, Norfolk, Plymouth, and Suffolk counties;
provided further, that the services of the units shall be made available to
incarcerated persons in the care of the department of correction; provided
further, that the Massachusetts sheriffs' association, in conjunction with
the department of correction, shall prepare a report that shall include, but
not be limited to: a) the number of incarcerated persons in facilities
located in counties that were provided services in each unit; b) the number
of incarcerated persons in department of correction facilities that were provided
services in each unit; c) the alleviation in caseload at Bridgewater state
hospital associated with fewer incarcerated persons in the care of counties
being attended to at the hospital; and d) the estimated and projected cost-savings
in fiscal year 2006 to the sheriff departments and the department of correction
associated with the regional units; provided further, that the report shall
be submitted to the house and senate committees on ways and means no later
than March 15, 2006; and provided further, that the department of mental health
shall maintain monitoring and quality review functions of the units ...........$2,600,000
8910-0010
For the purpose of funding expenses for services provided to inmates of county
correctional facilities by the department of public health Lemuel Shattuck
hospital in fiscal year 2006; provided, that the department shall notify the
county government finance review board and the comptroller of all such expenses;
provided further, that not more than 30 days after receiving such notification,
the board shall certify to the comptroller the amount of such expenses to
be charged to this item; provided further, that upon receiving such certification,
the comptroller shall effect the transfer of such amount from this item to
item 4590-0903 in section 2B; and provided further, that such actual and projected
payments shall be considered expenditures within each county spending plan
and shall be reflected as such in proposed spending plans required by 8910-0000
in section 2 ...................................................
$2,647,829
Sheriffs
8910-0102
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 Hampden 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, 2005; and
provided further, that $88,000 shall be expended for a re-entry initiative
program within the Hampden sheriff's department .......................................................................................$55,164,711
8910-0105
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 Worcester 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, 2005 ......................................................................................$41,098,321
8910-0107
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 Middlesex 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, 2005 ........................................................................................$49,641,858
8910-0108
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 Franklin 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, 2005 ..........................................................................................$6,264,939
8910-0110
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 Hampshire 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, 2005; provided
further, that $225,000 shall be expended for the lease payments for modular
units located at 205 Rock Hill road in the city of Northampton ........................................................................$10,874,732
8910-0145
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 Berkshire 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, 2005 ..................................................................................$13,112,020
8910-0160
For a retained revenue account for the Middlesex sheriff's department for
reimbursements from the federal government for costs associated with the incarceration
of federal inmates at the Billerica house of correction; provided, that the
department may expend for the operation of the department an amount not to
exceed $850,000 from revenues collected from the incarceration of federal
inmates; provided further, that notwithstanding any general or special law
to the contrary, for the purpose of accommodating timing discrepancies between
the receipt of retained revenues and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not
to exceed the lower of this authorization or the most recent revenue estimate
therefore as reported in the state accounting system; and provided further,
that all expenditures from this item shall be subject to chapter 29 of the
General Laws and recorded on the Massachusetts management accounting and reporting
system .....................................................$850,000
8910-0188
The Franklin sheriff's department may expend for the operation of the department
an amount not to exceed $1,300,000 from revenues received from federal inmate
reimbursements; and provided further, that notwithstanding any general or
special law to the contrary, for the purpose of accommodating timing discrepancies
between the receipt of retained revenues and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not
to exceed the lower of this authorization or the most recent revenue estimate
therefor as reported in the state accounting system.................................$1,300,000
8910-0445
The Berkshire sheriff's department may expend an amount not to exceed $150,000
from revenues generated from the operation of the Berkshire county communication
center's 911 dispatch operations and other law enforcement related activities,
including the Berkshire county sheriff prison industries program; provided,
that all expenditures from this item shall be subject to chapter 29 of the
General Laws and recorded on the Massachusetts management accounting and reporting
system ......................................................................................................................................
$150,000
8910-0619
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 Essex 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, 2005 ..............................................$40,534,727
8910-0888
For a prison industries revenue retention account for the Franklin sheriff's
department; provided, that the department may expend any amount not to exceed
$100,000 from revenues collected from the sale and production of printed materials
manufactured at the sheriff department's print shop; provided further, that
all expenditures from this item shall be subject to chapter 29 of the General
Laws and recorded on the Massachusetts management accounting and reporting
system.................................................................................$100,000
8910-1000
For a prison industries revenue retention account for the Hampden sheriff's
department; provided, that the department may expend any amount not to exceed
$710,000 from revenues collected from the sale of products, for materials,
supplies, equipment, maintenance of facilities, reimbursement for community
service projects and compensation of employees of the program; and provided
further, that all expenditures from this item shall be subject to chapter
29 of the General Laws and recorded on the Massachusetts management accounting
and reporting system ............................. $710,000
8910-1100
For a prison industries revenue retention account for the Middlesex sheriff's
department; provided, that the department may expend an amount not to exceed
$75,000 for revenues collected from the sale of products, for materials, supplies,
equipment, maintenance of facilities and compensation of employees of the
program; and provided further, that all expenditures from this item shall
be subject to chapter 29 of the General Laws and recorded in the Massachusetts
management accounting and reporting system ........................................................$75,000
8910-1111
The Hampshire sheriff's department may expend for the operation of the department
an amount not to exceed $163,000 from revenues received from federal inmate
reimbursements; provided, that $150,000 from the reimbursements shall not
be available for expenditure and shall be deposited into the General Fund
before the retention by the department of any of these reimbursements; and
provided further, that notwithstanding any general or special law to the contrary,
for the purpose of accommodating timing discrepancies between the receipt
of retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower
of this authorization or the most recent revenue estimate as reported in the
state accounting system ....................................$163,000
8910-2222
The Hampden sheriff's department may expend for the operation of the department
an amount not to exceed $320,000 from revenues received from federal inmate
and federal overtime reimbursements; provided, that $312,000 from the reimbursements
shall not be available for expenditure and shall be deposited into the General
Fund before the retention by the department of any of these reimbursements;
and provided further, that notwithstanding any general or special law to the
contrary, for the purpose of accommodating timing discrepancies between the
receipt of retained revenues and related expenditures, the department may
incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate
therefor as reported in the state accounting system .................................................................................$320,000
8910-6619
The Essex sheriff's department may expend for the operation of the department
an amount not to exceed $2,000,000 from revenues received from federal inmate
reimbursements; provided, that $150,000 from the reimbursements shall not
be available for expenditure and shall be deposited quarterly into the General
Fund before the retention by the department of any of these revenues as certified
by the comptroller; provided further, that the quarterly payments shall total
$600,000 in fiscal year 2006; provided further, that said sheriff may expend
from this item costs associated with joint federal and state law enforcement
activities from federal reimbursements received; and provided further, that
notwithstanding any general or special law to the contrary, for the purpose
of accommodating timing discrepancies between the receipt of retained revenues
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system
.......................$2,000,000
8910-7101
For the operation of the Massachusetts sheriffs' association; provided, that
the sheriffs shall appoint persons to serve as executive director, assistant
executive director and research director and other staff positions as necessary
for the purpose of coordination and standardization of services and programs,
the collection and analysis of data related to incarceration and recidivism
and generation of reports, technical assistance and training to ensure standardization
in organization, operations, and procedures; provided further, that this staff
shall not be subject to section 45 of chapter 30 or to chapter 31 of the General
Laws and shall serve at the will and pleasure of a majority of sheriffs; provided
further, that the executive director of the association shall submit a report
that shows the amounts of all grants awarded to each sheriff in fiscal year
2006; and provided further, that the report shall be submitted to the house
and senate committees on ways and means not later than February 1, 2006.............................................................$344,300
Parole Board
8950-0001
For the operation of the parole board .....................................................................$13,436,481
8950-0002
For the victim and witness assistance program of the parole board in accordance
with chapter 258B of the General Laws .................$286,710
8950-0008
For the operation of the parole board's sex offender management program and
the supervision of high-risk offenders, the parole board may expend an amount
not to exceed $600,000 from revenues collected from fees charged for parolee
supervision; provided, that the parole board shall file a report with the
house and senate committees on ways and means not later than February 1, 2006,
which shall include, but not be limited to, the number of parolees participating
in the program and the reincarceration rate of participating parolees ................................................$600,000
EXECUTIVE OFFICE OF ELDER AFFAIRS.
9110-0100
For the operation of the executive office; provided, that the secretary shall
continue to support community care ombudsman services ..............$1,820,633
9110-0102
For the regulation of assisted living facilities; provided, that the executive
office of elder affairs shall report annually to the house and senate committees
on ways and means the number of assisted living units certified and the total
revenues generated from application and certification fees for such units.................................................... $247,217
9110-1455
For the costs of the drug insurance program authorized by section 39 of chapter
19A of the General Laws; provided, that amounts received by the executive
office of elder affairs' vendor as premium revenue for this program may be
retained and expended by the vendor for the purposes of the program; provided
further, that not less than $600,000 shall be made available for the operation
of the pharmacy outreach program established by section 4C of said chapter
19A; provided further, that notwithstanding any general or special law to
the contrary, unless otherwise prohibited by state or federal law, prescription
drug coverage or benefits payable by the executive office of elder affairs,
and the entities with which it has contracted for administration of the subsidized
catastrophic drug insurance program pursuant to section 39 of chapter 19A,
shall be the payer of last resort for such program for eligible persons with
regard to any other third party prescription coverage or benefits available
to such eligible persons; provided further, that the executive office shall
notify the house and senate committees on ways and means not less than 90
days in advance of any action to limit or cap the number of enrollees in the
program; provided further, that said program is subject to appropriation and
expenditures shall not exceed in fiscal year 2006 the amount authorized herein;
provided further, that no action shall be taken to expand the benefits of
the program, extend benefits to additional populations or reduce cost sharing
in the program without approval of the General Court; provided further, that
the department shall file any and all legislation required to implement such
actions for review and analysis by the General Court; provided further, that
the department shall take steps for the coordination of benefits with the
Medicare prescription drug benefit created pursuant to the federal Medicare
Prescription Drug Improvement and Modernization Act of 2003, to ensure that
Massachusetts residents take advantage of said benefit; and provided further,
that the department shall provide assistance for prescription drug costs to
enrollees who qualify for Medicare Part D as well as assistance for premiums,
deductibles, payments, and co-payments required by the Part D or Medicare
Advantage plans the secretary of elder affairs shall not implement any cost
sharing increases to Prescription Advantage, and any and all prescription
drug benefits provided to enrollees shall be the same as those provided to
Prescription Advantage enrollees in fiscal year 2005; provided further, that
there shall be an open enrollment period, lasting not less than 1 month and
not more than 2 months, that will begin not later than May 15, 2006; provided,
that the open enrollment shall be preceded by at least 30 days of advance
public notice and marketing; provided further, that during the open enrollment
period, individuals shall be enrolled in the program in the order in which
the program receives their completed application; and provided further, that
a person will also be eligible to enroll in the program at any time within
a year of reaching age 65............$92,249,126
9110-1500
For the provision of enhanced home care services, including case management
to elders who meet the eligibility requirements of the home care program and
who need services above the level customarily provided under the program to
remain safely at home, including elders previously enrolled in the managed
care in housing, enhanced community options, and chronic care enhanced services
programs; provided further, that the secretary shall actively seek to obtain
federal financial participation for any and all services provided to seniors
who qualify for medicaid benefits pursuant to the section 2176 waiver; provided
further, that the executive shall collect income data on persons receiving
services provided in this item; provided further, that the executive office
shall submit a report to the house and senate committees on ways and means
detailing the population served by this item delineated by both 2005 federal
poverty line income levels and 2005 social security income standards; provided
further, that the report shall be submitted not later than February 1, 2006;
and provided further, that the executive office shall submit a report to the
house and senate committees on ways and means which shall include the number
of individuals on a waiting list for these services on October 1, 2005, compared
to the number of individuals on a waiting list on July 1, 2005; and provided
further, that the report shall be submitted not later than October 15, 2005
...........................................................................................$42,015,213
9110-1604
For the operation of the supportive senior housing program ........................................................
$1,942,371
9110-1630
For the operation of the elder home care program, including contracts with
aging service access points or other qualified entities for the home care
program, home care, health aides, home health and respite services and other
services provided to the elderly; provided, that a sliding fee shall be charged
to qualified elders; provided further, that the secretary of elder affairs
may waive collection of sliding fees in cases of extreme financial hardship;
provided further, that not more than $7,500,000 in revenues accrued from sliding
fees shall be retained by the individual home care corporations without re-allocation
by the executive office of elder affairs, and shall be expended for the purposes
of the home care program, consistent with guidelines to be issued by the executive
office; provided further, that the executive office shall report quarterly
to the house and senate committees on ways and means on the receipt and expenditure
of revenues accrued from the sliding fees; provided further, that the executive
office shall report monthly to the house and senate committees on ways and
means and the executive office for administration and finance on the amount
expended from this item for purchase of service expenditures by category of
service as set forth in 651 C.M.R. 3.01 and 651 C.M.R. 3.06; provided further,
that no rate increase shall be awarded in fiscal year 2006 which would cause
a reduction in client services or the number of clients served; provided further,
that no funds shall be expended from this item to pay for salary increases
for direct service workers who provide state-funded homemaker and home health
aid services which would cause a reduction in client services; provided further,
that not less than $75,000 shall be made available for a pilot program for
home health care, to be administered by Community Parish Nursing in the town
of Reading and provided further, that the secretary of elder affairs may transfer
an amount not to exceed 3 per cent of the funds appropriated in this item
to item 9110-1633 for case management services and the administration of the
home care program ..............................................................................$98,584,945
9110-1633
For the operation of the elder home care case management program, including
contracts with aging service access points, or other qualified entities for
home care case management services and the administration of the home care
corporations funded through item 9110-1630 and item 9110-1500; provided, that
such contracts shall include the costs of administrative personnel, home care
case managers, travel, rent and other costs deemed appropriate by the executive
office of elder affairs; provided further that no funds appropriated in this
item shall be expended for the enhancement of management information systems;
and provided further, that the secretary of elder affairs may transfer an
amount not to exceed 3 per cent of the funds appropriated herein to item 9110-1630........................................................$38,627,967
9110-1635
For a one-time rate add-on for wages, compensation and/or salary and associated
employee-related costs to personnel providing homemaker and personal care
homemaker services to elderly clients under items 9110-1500, 9110-1630, and
4000-0600................................$3,900,000
9110-1636
For the elder protective services program, including protective services case
management, guardianship services, the statewide elder abuse hotline, and
the elder-at-risk program; provided, that not less than $800,000 shall be
expended for money management services ..............................$13,656,546
9110-1660
For congregate and shared housing services for the elderly; provided, that
not less than $50,000 shall be expended for the congregate housing services
at the Tuttle House Facility in Dorchester; and provided further, that not
less than $150,000 shall be allocated to the Committee to End Elder Homelessness,
Inc.....................................$1,324,435
9110-1700
For residential assessment and placement programs for homeless elders ............................$250,000
9110-1900
For the elder lunch program; provided, that not less than $40,000 shall be
expended for a youth/elder outreach position at the Roche Family Community
Center in West Roxbury; provided further, that not less than $15,000 shall
be expended for the Grandparents as Parents Initiative ................................$5,237,000
9110-9002
For the local services program for grants to the councils on aging and for
grants to or contracts with non-public entities which are consortia or associations
of councils on aging; provided, that notwithstanding the foregoing, all monies
appropriated in this item shall be expended in accordance with the distribution
schedules for formula and incentive grants established by the secretary; and
provided further, that such distribution schedules shall be submitted to the
house and senate committees on ways and means ..................................................................$7,000,000
LEGISLATURE.
Senate.
9500-0000
For the operation of the senate ......................................................................$18,050,647
House of Representatives.
9600-0000
For the operation of the house of representatives ............................................$32,678,401
Joint Legislative Expenses.
9700-0000
For the joint operations of the legislature ..................................................$6,767,859
9700-0100
For a special commission on after school and out of school time; provided,
that funds shall be expended from this item for consultants, facilitators,
research assistance, and the purchase of needed services for said commission;
provided further, that said working group on after school and out-of-school
time shall undertake a study and make recommendations on how to better coordinate,
expand, finance, and improve accessible, affordable, quality out-of-school
time programming for school age children in all settings; provided further,
that said working group shall consist of: 1 member appointed by the
speaker of the house of representatives, 1 member appointed by the senate
president, the chairs of the house and senate committees on ways and means
or their designees, the house and senate chairs of the joint committee on
education or their designees, the house and senate chairs of the joint committee
on children and families or their designees, the commissioner of the department
of early education and care, the commissioner of the department of education,
the commissioner of the department of public health, 1 member chosen by each
of the following organizations: Massachusetts 2020; the United Way of
Massachusetts Bay; the Massachusetts Association of School Committees; the
Massachusetts Association of School Superintendents; the Massachusetts Association
of Elementary School Principals; the Massachusetts Association of Regional
Schools; the Massachusetts Teachers Association; the Massachusetts Federation
of Teachers; the Massachusetts Parent-Teacher Association; the Massachusetts
Association of Day Care Agencies; the Massachusetts Independent Child Care
Organization; the Massachusetts School-Age Coalition; the Massachusetts Community
Action Program; the Massachusetts Child Care Resource and Referral Agencies
Network; the YMCAs of Massachusetts; Parents Alliance for Catholic Education;
Parents United for Child Care; or its successor organization; 1 person chosen
by the co-chairs who shall be a representative of family child care; 1 member
who shall be chosen by the co-chairs who shall be a representative of non-public
schools; and no fewer than 6 representatives selected by the Massachusetts
Afterschool Partnership, with consideration of the broad constituency of out
of school time, including providers, educators, parents of school-age children,
advocates for school-age children's services, business, community and religious
leaders, representatives of higher education, law enforcement officials, philanthropic
leaders, and individuals with knowledge and experience in the fields of out-of-school
time; provided further, that the senate president and speaker of the house
shall appoint the co-chairs of the working group; provided further, that the
chairs of the working group may expend funds from this item for services the
chairs find necessary to conduct the study and to support the timely completion
of its report; provided further, that the working group shall consider settings
including, but not limited to, public and private out-of-school time programs
located in schools and in community-based organizations and programs in non-public
schools; provided further, that in carrying out its study, the working group
shall advise the general court, the department of early education and care,
the department of education and other administrative agencies who work with
school age children to ensure that there is a continuity of services for children
as they grow and develop and to avoid duplication of effort as these agencies
continue to make administrative and programmatic improvements; provided further,
that in carrying out its study, the working group shall evaluate different
age populations served by before school, after school and out-of-school time
programs and identify ways to best support their needs; provided further,
that the working group shall review existing data on the effectiveness of
out-of-school time programming in the commonwealth; provided further, that
in carrying out its study, the working group shall hold no fewer than 9 hearings
in, at minimum, the following regions of the commonwealth: Western Massachusetts,
Central Massachusetts; Metrowest; Southeastern Massachusetts; the Cape and
Islands; the Merrimac Valley; the North Shore; the South Shore; and Greater
Boston; provided further, that the working group shall solicit testimony from
interested stakeholders including, but not limited to, the following: staff
of after school and out-of-school time programs; parents of school-age children;
advocates for school-age children's services; business; community and religious
leaders; representatives of higher education; law enforcement officials; philanthropic
leaders; and individuals with knowledge and experience in the field of out-of-school
time; provided further, that the commission shall make recommendations to: (1)
coordinate, integrate, and streamline publicly funded out-of-school time administration
and functions; (2) coordinate resources and policies regarding public funding
streams for school age children; (3) strengthen consumer education; (4) create
an effective data collection system to support the necessary functions of
a consolidated system; (4) establish the appropriate balance between funding
for direct provision of service, for quality enhancement, and for administration;
and (5) ensure the creation of a workforce system to support education, training
and compensation of the out-of-school time workforce; provided further, that
the working group shall submit a report containing its recommendations to
the governor, the secretary of administration and finance, the house and senate
committees on ways and means, the joint committee on education and the joint
committee on children and families not later than December 15, 2005; provided
further, that the joint committee on education and the joint committee on
children and families shall review the recommendations of the working group
on after school and out-of-school time; and provided further, that the committees
shall make recommendations not later than February 1, 2006 to the general
court, along with any legislative or budgetary recommendations necessary to
best support accessible, affordable, quality out-of-school time programming
for school age children............................................$100,000
COMMISSION ON BEACHES.
9700-0200
For a commission on beaches pursuant to section 104 .....................................................$125,000
9700-0701
For the Hynes Convention Center and parking garage commission to complete
the task of section 299 of chapter 149 of the acts of 2004..........$50,000
Commission on the Status of Women.
0950-0000
For the commission on the status of women ...............................................................................
$195,000
??????????? SECTION 2B. Notwithstanding any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws.? All revenues and other inflows shall be based on rates published by the seller agency that are developed in accordance with cost principles established by the United States Office of Management and Budget Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments." All rates shall be published within 30 days of the enactment of this section.? No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2006.? All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws.? Any balance remaining in that fund at the close of fiscal year 2006 shall be transferred to the General Fund.
OFFICE OF THE SECRETARY OF STATE.
0511-0003
For the costs of providing electronic and other publications purchased from
the state bookstore, for commission fees, notary fees and for direct access
to the secretary's computer library ......................................................$16,000
0511-0235
For the costs of obsolete records destruction incurred by the office of the
secretary of state; provided, that state agencies, including the judicial
branch, may be charged for the destruction of their obsolete records by the
records center when appropriate; provided further, that the secretary of state
may expend revenues not to exceed $100,000 of such funds received for the
costs of such obsolete record destruction; and provided further, that such
fees shall be charged on an equitable basis .................................................................................$100,000
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Bureau of State Office Buildings.
1102-3333
For the operation and maintenance of state buildings, including reimbursement
for overtime expenses, materials and contract services purchased in performing
renovations and related services for agencies occupying state buildings or
for services rendered to approved entities using state facilities.............$165,000
1102-3336
For the operation and maintenance of the space in the Hurley state office
building occupied by the division of unemployment assistance........$3,185,389
Reserves.
1599-2040
For the payment of prior year deficiencies based upon schedules provided to
the house and senate committees on ways and means; provided, that the comptroller
may charge departments' current fiscal year appropriations and transfer to
such item amounts equivalent to the amounts to any prior year deficiency,
subject to the conditions stated in this item; provided further, that the
comptroller shall only assess chargebacks to those current fiscal year appropriations
when the account to which the chargeback is applied is the same account to
which the prior year deficiency pertains or, if there is no such account,
to the current fiscal year appropriation for the general administration of
the department that administered the account to which the prior year deficiency
pertains; provided further, that no chargeback shall be made which would cause
a deficiency in any current fiscal year item; provided further, that the comptroller
shall report with such schedule a detailed reason for the prior year deficiency
on all chargebacks assessed that exceed $1,000 including the amount of the
chargeback, the item and object class charged; and provided further, that
the comptroller shall report on a quarterly basis on all chargebacks assessed,
including the amount of the chargeback, the item, object class charged and
the reason for the prior year deficiency ........................................................$7,000,000
1599-3100
For the cost of the commonwealth's employer contributions to the Unemployment
Compensation Fund and the Medical Security Trust Fund; provided, that the
secretary for administration and finance shall authorize the collection, accounting
and payment of such contributions; and provided further, that in executing
these responsibilities, the comptroller may charge, in addition to individual
appropriation accounts, certain non-appropriated funds in amounts that are
computed on the same basis as the commonwealth's contributions are determined,
including expenses, interest expense or related charges.................$26,600,000
Division of Human Resources.
1750-0101
For the cost of goods and services rendered in administering training programs,
including the cost of training unit staff; provided, that the division shall
charge to other items for the cost of participants enrolled in programs sponsored
by the division or to state agencies employing such participants; provided
further, that the division may collect from participating state agencies a
fee sufficient to cover administrative costs of the commonwealth's performance
recognition programs and to expend such fees for goods and services rendered
in the administration of these programs; and provided further, that the division
may charge and collect from participating state agencies a fee sufficient
to cover administrative costs and expend such fees for goods and services
rendered in the administration of information technology services related
to the human resources compensation management system program.....................................................$200,000
1750-0105
For the cost of workers' compensation paid to public employees; provided,
that the secretary of administration and finance shall charge other items
or state agencies for costs incurred on behalf of these state agencies; provided
further, that the secretary may transfer workers' compensation-related fringe
benefit assessments from federal grants and trust accounts to this item; provided
further, that no funds shall be expended from this item that would cause the
item to be deficient; provided further, that the secretary shall provide projected
costs of workers' compensation costs incurred by agencies in fiscal year 2006
to the house and senate committees on ways and means not later than February
28, 2006; provided further, that in accordance with chapter 177 of the acts
of 2001, the secretary of administration and finance shall charge state agencies
in fiscal year 2006, as provided in this section, for workers' compensation
costs, including related administrative expenses incurred on behalf of the
employees of the agencies; provided further, that administrative expenses
shall be allocated; provided further, that the personnel administrator shall
administer the charges on behalf of the secretary, and may establish such
rules and procedures as deemed necessary to implement this item; provided
further, that the personnel administrator shall: (1) notify agencies
regarding the chargeback methodology to be used in fiscal year 2006; (2) notify
agencies of the amount of their estimated workers? compensation charges for
the fiscal year; and (3) require agencies to encumber funds in an amount sufficient
to meet the estimated charges; provided further, that the estimated charges
for each agency in the fiscal year shall be not less than the amount of the
actual workers' compensation costs, including related administrative expenses,
incurred by each such agency in fiscal year 2005, and may include such additional
amounts as the division finds necessary under regulations promulgated pursuant
to this section; provided further, that the division may adopt a program of
incentives for agencies to reduce agencies' claims; provided further, that
for any agency that fails within 30 days of the effective date of this act
to encumber funds sufficient to meet the estimated charges, the comptroller
shall so encumber funds on behalf of that agency; provided further, that the
personnel administrator shall: (1) determine the amount of the actual
workers' compensation costs incurred by each agency in the preceding month,
including related administrative expenses; (2) notify each agency of the amounts;
and (3) charge the amounts to each agency's accounts as estimates of the costs
to be incurred in the current month; provided further, that notwithstanding
any general or special law to the contrary, any balance remaining in the Intergovernmental
Service Fund, at the close of fiscal year 2005, shall be transferred to the
General Fund; provided further, that any unspent balance at the close of fiscal
year 2005 in an amount not to exceed 5 per cent of the amount authorized shall
remain in the Intergovernmental Service Fund and is hereby re-authorized for
expenditures for such item in fiscal year 2006; provided further, that the
personnel administrator may expend in fiscal year 2006 for hospital, physician,
benefit, and other costs related to workers' compensation for employees of
state agencies, including administrative expenses; and provided further, that
such expenditures may include payments for medical services provided to claimants
in prior fiscal years, as well as compensation benefits and associated costs
for prior fiscal years.................$56,390,476
1750-0106
For the workers' compensation litigation unit, including the costs of personnel
.............................$595,905
Information Technology Division.
1790-0200
For the cost of computer resources and services provided by the information
technology division in accordance with the policies, procedures and rates
approved by the secretary for administration and finance, including the purchase,
lease or rental of telecommunications lines, services and equipment, that
are centrally billed to the commonwealth; provided, that the secretary shall
charge other items of appropriation for the cost of the resources and services;
provided further, that notwithstanding any general or special law to the contrary,
charges for the cost of computer resources and services provided by the bureau
of computer services for the design, development, and production of reports
and information related to the analysis, development and production of appropriations
bills and other legislation shall not be charged to any item of appropriation
of the executive office for administration and finance, the house of representatives,
the senate or any joint legislative account in fiscal year 2006; provided
further, that the bureau shall submit quarterly reports to the house and senate
committees on ways and means summarizing the total charges, payments and services
provided for the preceding quarter from each department charged to this item;
provided further, that the reports shall include, but not be limited to, a
delineation of the rates charged to each department as approved by the secretary
for administration and finance for each service performed by the division;
and provided further, that the secretary for administration and finance shall
establish regulations, procedures and a schedule of fees including, but not
limited to, the development and distribution of forms and instructions, including
the costs of personnel............$49,000,000
1790-0400
For the purchase, delivery, handling of and contracting for supplies, postage
and related equipment and other incidental expenses provided pursuant to section
51 of chapter 30 of the General Laws ............................$2,249,333
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary
4000-0102
For the cost of transportation services for health and human services clients
and the operation of the health and human services transportation office.............................................$6,869,957
4000-0103
The secretary of the executive office of health and human services may, notwithstanding
any general or special law to the contrary, identify administrative activities
and functions common to the separate agencies, departments, offices, divisions,
and commissions within the executive office and may designate such functions
"core administrative functions" in order to improve administrative
efficiency and preserve fiscal resources; provided, that common functions
that may be designated core administrative functions include, human resources,
financial management, information technology, legal and facilities; provided
further, that all employees performing functions so designated may be employed
by the executive office, and the executive office shall charge the agencies,
departments, offices, divisions, and commissions for such services, subject
to appropriation; provided further, that upon the designation of a function
as a core administrative function, the employees of each agency, department,
office, or commission who perform such core administrative functions may be
transferred to the executive office of health and human services; provided
further, that the reorganization shall not impair the civil service status
of any such transferred employee who immediately before the effective date
of this act either holds a permanent appointment in a position classified
under chapter 31 of the General Laws or has tenure in a position by reason
of section 9A of chapter 30 of the General Laws; and provided further, that
nothing in this section shall be construed to impair or change an employee's
status, rights, or benefits under chapter 150E of the General Laws ........................................................$24,992,126
Department of Public Health.
4590-0901
For the costs of medical services provided at public health hospitals pursuant
to a schedule of services and fees approved by the commissioner of public
health, which may be expended for the purposes of hospital related costs,
including, but not limited to, capital repair and the maintenance and motor
vehicle replacement; and provided further, that notwithstanding any general
or special law to the contrary, for the purpose of accommodating timing discrepancies
between the receipt of retained revenue and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not
to exceed the lower of this authorization or the most recent revenue estimate
therefor as reported in the state accounting system ............................$150,000
4590-0903
For the costs of medical services provided at the department of public health
Lemuel Shattuck hospital to inmates of the county correctional facilities;
provided, that the costs shall be charged to items 8910-0000, 8910-0010, 8910-0102,
8910-0105, 8910-0107, 8910-0108, 8910-0110, 8910-0145 and 8910-0619 of section
2 pursuant to the provisions thereof; provided further, that expenditures
from this item shall be for hospital-related costs including, but not limited
to, capital repair and maintenance and motor vehicle replacement; and provided
further, that notwithstanding any general or special law to the contrary,
for the purpose of accommodating timing discrepancies between the receipt
of retained revenue and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower
of this authorization or the most recent revenue estimate therefor as reported
in the state accounting system.................................$3,800,000
EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Criminal Justice Training Council.
8200-1121
For the cost of space rentals, utilities and maintenance at the criminal justice
training council's training academies and computer labs ..................$35,000
Department of Correction.
8900-0021
For the cost of products produced by the prison industries and farm program
and for the cost of services provided by inmates, including the costs of moving,
auto repair, culinary and renovation and construction services; provided,
that the costs for renovation and construction services shall not exceed the
amount established by the department of procurement and general services;
and provided further, that such revenues may also be expended for materials,
supplies, equipment, maintenance of facilities and compensation of employees
and for the inmate employment and training program................................$6,050,000
??????????? SECTION 2D. The amounts set forth in this section are hereby appropriated from the General Federal Grants Fund.? Federal funds received in excess of the amount appropriated in this section shall be expended only in accordance with section 6B of chapter 29 of the General Laws.? The amount of any unexpended balance of federal grant funds received prior to June 30, 2005, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2006, in addition to any amount appropriated in this section.
Trial Court.
0330-0335
For the purposes of a federally funded grant entitled, AOTC Drug Court MIS
Program ..............$200,000
0332-6110
For the purposes of a federally funded grant entitled, Brighton Drug Court
..................................$25,000
0335-0301
For the purposes of a federally funded grant entitled, Dorchester Court Domestic
Violence Project.....................$200,000
0337-0305
For the purposes of a federally funded grant entitled, Hampden Juvenile Drug
Court ...................$60,000
Suffolk District Attorney.
0340-0114
For the purposes of a federally funded grant entitled, Project Sentry ...........................................$40,000
Northern District Attorney.
0340-0213
For the purposes of a federally funded grant entitled, Federal Forfeiture
trust Account ................$16,000
0340-0216
For the purposes of a federally funded grant entitled, Conference Fee Trust
Account ..................$15,000
0340-0237
For the purposes of a federally funded grant entitled, Children's Advocacy
Center National Network............$12,250
Northwestern District Attorney.
0340-0665
For the purposes of a federally funded grant entitled, Persons with Disabilities
& Elder Unit ........$174,686
0340-0613
For the purposes of a federally funded grant entitled, Federal Forfeiture
trust Account ................$88,400
Bristol District Attorney.
0340-0916
For the purposes of a federally funded grant entitled, Federal Forfeiture
trust Account ................$35,000
0340-0923
For the purposes of a federally funded grant entitled, Community Involvement
Project ................$148,284
TREASURER AND RECEIVER-GENERAL.
ATTORNEY GENERAL.
0810-0012
For the purposes of a federally funded grant entitled, Training to Stop Abuse
and Sexual Assault of Older Individuals with Disabilities..................$50,000
0810-0026
For the purposes of a federally funded grant entitled, Crime Victim Compensation
......................$1,142,000
0810-6658
For the purposes of a federally funded grant entitled, Weed and Seed ........................................$25,000
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Office on Disability.
1107-2450
For the purposes of a federally funded grant entitled, Client Assistance Program
.........................$241,336
SECRETARY OF STATE.
0521-0800
For the purpose of a federally funded grant entitled, Election Assistance
for Disabled Individuals.................$170,154
0526-0114
For the purposes of a federally funded grant entitled, Historic Preservation
Survey and Planning............$748,930
0526-0115
For the purposes of a federally funded grant entitled, Massachusetts Historical
Commission - Federal Preservation Grants....................$200,000
Office of the Secretary.
2000-0131
For the purposes of a federally funded grant entitled, Cooperating Technical
Partner ...................$15,750
2000-0141
For the purposes of a federally funded grant entitled, Coastal Zone Management
Development ..............$2,595,134
2000-0248
For the purposes of a federally funded grant entitled, National Estuary Program
- Operation .............$416,623
2000-0177
For the purposes of a federally funded grant entitled, Wetlands Program Development
................$48,000
2000-0186
For the purposes of a federally funded grant entitled, Aquatic Nuisance Species
Management Plan............$23,000
2000-6063
For the purposes of a federally funded grant entitled, PPIS-Improving Chemical
Security ...................$15,000
2000-9701
For the purposes of a federally funded grant entitled, Outdoor Recreation
Projects - Political Subdivisions............$1,350,000
2000-9730
For the purposes of a federally funded grant entitled, Buzzards Bay Conservation
& Management Plan..............$481,984
2000-9760
For the purposes of a federally funded grant entitled, Inventory of Navy Shipwrecks
in Massachusetts Waters............$495
2030-0013
For the Joint Enforcement Agreement between the division of law enforcement
and the National Marine Fisheries for enforcement of both Federal and State
commercial fishing regulations .........................................$1,200,000
2030-0108
For the purposes of a federally funded grant entitled, Fisheries Enforcement
Support Services ...............$14,279
2030-9701
For the purposes of a federally funded grant entitled, Safe Boating Program
................................$900,000
Department of Fish and Game.
2300-0112
For the purposes of federal funds from USFW to further River Restore's survey,
planning, design and educational work ...................$90,000
2230-9702
For the purposes of a federally funded grant entitled, 319 Nonpoint Source
Pollution ..................$37,000
2310-0115
For the purposes of a federally funded grant entitled, Land Owner Incentive
Program Administration..................$180,000
2310-0116
For the purposes of a federally funded grant entitled, Land Owner Incentive
Program Implementation...................$900,000
2310-0117
For the purposes of a federally funded grant entitled, Chronic Wasting Disease
...........................$64,000
2330-9222
For the purposes of a federally funded grant entitled, Clean Vessel .............................................$926,400
2330-9709
For the purposes of a federally funded grant entitled, Commercial Fisheries
Research and Development............$2,000
2330-9712
For the purposes of a federally funded grant entitled, Commercial Fisheries
Statistics ..................$151,250
2330-9713
For the purposes of a federally funded grant entitled, Right Whale Preservation
and Protection Program.............$336,725
2330-9714
For the purposes of a federally funded grant entitled, Commercial Fisheries
Extension .................$1,000
2330-9721
For the purposes of a federally funded grant entitled, Anadromous Fisheries
Management ...........$40,000
2330-9725
For the purposes of a federally funded grant entitled, Boating Infrastructure
................................$300,000
2330-9726
For the purposes of a federally funded grant entitled, Lobster Trap Escape
Vent Selectivity ...............$55,000
2330-9727
For the purposes of a federally funded grant entitled, Reducing Blue Shark
Bycatch in Pelagic Longline Fisheries..............$1,000
2330-9728
For the purposes of a federally funded grant entitled, Monkfish Cooperative
Research Project: Gillnet & Study Fleet..........$1,000
2330-9730
For the purposes of a federally funded grant entitled, Interstate Fisheries
Management Support........$233,956
2330-9731
For the purposes of a federally funded grant entitled, Biological Characterization
of Mass.? Scup Fisheries.................$1,000
2330-9732
For the purposes of a federally funded grant entitled, ACCSP Implementation
Strategic Plan .................$186,000
2330-9733
For the purposes of a federally funded grant entitled, Further Testing of
Cod Avoiding Trawl Net Design..............$75,000
2330-9734
For the purposes of a federally funded grant entitled, Pilot Industry Based
Survey Implementation..............$1,000,000
2330-9735
For the purposes of a federally funded grant entitled, MA Multispecies Fishery
Economic Assistance...............$1,000
2330-9736
For the purposes of a federally funded grant entitled, Marine Fisheries Institute
...........................$480,000
2330-9737
For the purposes of a federally funded grant entitled, Rainbow Smelt 2 year
pilot Study ..............$15,000
Department of Agricultural Resources.
2511-0310
For the purposes of a federally funded grant entitled, Pesticide Enforcement
...............................$164,542
2511-0320
For the purposes of a federally funded grant entitled, Certification of Pesticide
Applicators ..........$122,717
2511-0400
For the purposes of a federally funded grant entitled, Cooperative Pest Survey
Program .............$27,087
2511-0401
For the purposes of a federally funded grant entitled, Cooperative Pesticide
Recordkeeping Program..............$19,625
2511-0972
For the purposes of a federally funded grant entitled, Farmland Protection
..................................$4,400,000
2511-1022
For the purposes of a federally funded grant entitled, Mad Cow Disease Enhanced
Surveillance..............$79,090
2511-1023
For the purposes of a federally funded grant entitled, Enhanced Surveillance
of Swine Garbage Feeding Operations.............$38,000
2515-1002
For the purposes of a federally funded grant entitled, Animal Disease Surveillance
Homeland Security.............$16,328
2515-1003
For the purposes of a federally funded grant entitled, Voluntary Johnes Disease
Control ..............$60,000
2515-1004
For the purposes of a federally funded grant entitled, Scrapie Disease Surveillance
......................$5,000
2516-9002
For the purposes of a federally funded grant entitled, Development of Institutional
Marketing ................$30,301
2516-9003
For the purposes of a federally funded grant entitled, Farmer's Market Coupon
Program .....................$607,229
2516-9004
For the purposes of a federally funded grant entitled, Senior Farmers Market
Nutrition Program.....................$56,900
2516-9007
For the purposes of a federally funded grant entitled, Organic Cost-Share
Program ....................$20,000
DEPARTMENT OF EARLY EDUCATION AND CARE.
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Department of Veterans' Services.
1410-0254
For the purposes of a federally funded grant entitled, Homeless Veterans Reintegration
- Training and Placement - statewide..........................$200,000
1410-0256
For the purposes of a federally funded grant entitled, Veterans Workforce
Investment Program....................$230,308
1410-8001
For the purposes of a federally funded grant, entitled, Winchendon State Veterans'
Cemetery .................$50,000
Massachusetts Rehabilitation Commission.
4120-0020
For the purposes of a federally funded grant entitled, Vocational Rehabilitation;
provided, that no funds shall be deducted for pensions, group health and life
insurance or any other such indirect cost of federally reimbursed state employees....................$42,500,000
4120-0187
For the purposes of a federally funded grant entitled, Supported Employment
Program ................$880,000
4120-0189
For the purposes of a federally funded grant entitled, Special Projects and
Demonstrations for providing Vocational Rehabilitation Services to individuals
with severe disabilities in Massachusetts .............................$371,237
4120-0191
For the purposes of a federally funded grant entitled, Informed Members Planning
and Assessing Choices Together (IMPACT) ......................$460,000
4120-0511
For the purposes of a federally funded grant entitled, Vocational Rehabilitation
- Determination of Disability................$38,500,000
4120-0606
For the purposes of a federally funded grant entitled, Recreational Services
for the Multi-Disabled................$20,000
4120-0760
For the purposes of a federally funded grant entitled, Independent Living
....................................$1,871,402
Department of Mental Retardation.
5947-0007
For the purposes of a federally funded grant entitled, Massachusetts Bridges to Community Project.................$157,020
5947-0008
For the purposes of a federally funded grant entitled, Community Integrated
Personal Assistant Services............$241,325
5947-0009
For the purposes of a federally funded grant entitled, Family Support ..........................................$25,000
Children's Trust Fund.
4130-9002
For the purposes of a federally funded grant entitled, Child Abuse Prevention
Activities ..............$527,961
Department of Transitional Assistance.
4400-0705
For the purposes of a federally funded grant entitled, Emergency Shelter Grants
..........................$2,534,851
4400-0707
For the purposes of a federally funded grant entitled Continuum of Care .....................................$5,546,930
4400-3066
For the purposes of a federally funded grant entitled Training for Food Stamp
ABAWDs ............$919,448
4400-3067
For the purposes of a federally funded grant entitled, Food Stamp Employment
and Training .......$2,094,247
4400-3069
For the purposes of a federally funded grant entitled, Full Employment Food
Stamp Cash-Out ........$25,000
4400-9404
For the purposes of a federally funded grant entitled, McKinney Shelter Plus
Care ......................$1,999,024
Department of Social Services.
4800-0005
For the purposes of a federally funded grant entitled, Children's Justice
Act ................................$360,841
4800-0007
For the purposes of a federally funded grant entitled, The Family Violence
Prevention and Support Services Act..................$1,854,981
4800-0009
For the purposes of a federally funded grant entitled, Title IV-E Independent
Living ....................$2,904,616
4800-0013
For the purposes of a federally funded grant entitled, Family Preservation
and Support Services..........$4,999,336
4800-0085
For the purposes of a federally funded grant entitled, Educational & Training
Voucher Program........$927,371
4800-0086
For the purposes of a federally funded grant entitled, Adoption Opportunities
Grant ....................$350,000
4800-0087
For the purposes of a federally funded grant entitled, Supervised Visitation
and Safe Exchange Grant........$374,745
4800-1634
For the purposes of a federally funded grant entitled, Teen Living Program
- Father's Outreach Program.............$98,743
4899-0001
For the purposes of a federally funded grant entitled, Title IV-B Child Welfare
Services ..............$4,542,083
4899-0022
For the purposes of a federally funded grant entitled, Child Abuse and Neglect
Prevention and Treatment...........$466,699
Department of Public Health.
4500-1000
For the purposes of a federally funded grant entitled, Preventive Health Services
Block Grant ..........$2,995,528
4500-1050
For the purposes of a federally funded grant entitled, Rape Prevention and
Education .................$1,166,076
4500-2000
For the purposes of a federally funded grant entitled, Maternal and Child
Health Services Block Grant..........$13,662,253
4502-1012
For the purposes of a federally funded grant entitled, Cooperative Health
Statistics System .........$510,692
4510-0109
For the purposes of a federally funded grant entitled, State Loan Repayment
Project ..................$250,000
4510-0113
For the purposes of a federally funded grant entitled, Office of Rural Health
................................$150,000
4510-0118
For the purposes of a federally funded grant entitled, Primary Care Cooperative
Agreement .......$112,200
4510-0119
For the purposes of a federally funded grant entitled, Rural Hospital Flexibility
Program ..............$255,000
4510-0219
For the purposes of a federally funded grant entitled, Small Rural Hospital
Improvement Program...........$77,440
4510-0220
For the purposes of a federally funded grant entitled, Children's Oral Health
Access Program .....$70,950
4510-0400
For the purposes of a federally funded grant entitled, Medicare and Medicaid
Survey and Certification........$7,677,137
4510-0403
For the purposes of a federally funded grant entitled, Mass Reporting System
Evaluate Effects ..........$335,047
4510-0404
For the purposes of a federally funded grant entitled, Bioterrorism Hospital
Preparedness ...........$11,702,059
4510-0500
For the purposes of a federally funded grant entitled, Clinical Laboratory
Improvement ...............$211,760
4510-0609
For the purposes of a federally funded grant entitled, NRC Security Inspections
.........................$8,421
4510-0619
For the purposes of a federally funded grant entitled, FDA Inspection of Food
Establishments .........$191,170
4510-0629
For the purposes of a federally
funded grant entitled, Harold Rogers Prescription Drug monitoring............$111,500
4510-0633
For the purposes of a federally funded grant entitled, Harold Rogers II Prescription
Drug Monitoring...............$350,000
4510-0634
For the purposes of a federally funded grant entitled, Food Safety Task Force
Meeting ..............$3,253
4510-0636
For the purposes of a federally funded grant entitled, Childhood Lead Paint
Poisoning Prevention .........$1,296,974
4510-0793
For the purposes of a federally funded grant entitled, RURAL Automatic External
Defibrillator ..........$119,335
4510-9014
For the purposes of a federally funded grant entitled, Mammography Quality
Standards Act Inspections.................$141,079
4510-9040
For the purposes of a federally funded grant entitled, Diabetes Control Program
.........................$859,266
4510-9043
For the purposes of a federally funded grant entitled, Demonstration Program
to Conduct Toxic Waste Site Health Impact Assessments................$528,792
4510-9048
For the purposes of a federally funded grant entitled, Indoor Radon Development
Program .........$228,962
4510-9053
For the purposes of a federally funded grant entitled, Beaches Environmental
Assessment ...........$257,246
4510-9056
For the purposes of a federally funded grant entitled, National Environmental
Public Health Tracking.............$568,205
4510-9062
For the purposes of a federally funded grant entitled, Prevalence of ALS and
MS in Commonwealth Around Hazardous Waste Sites ................$164,283
4510-9063
For the purposes of a federally funded grant entitled, Environmental and Health
Effects Tracking................$460,019
4512-0102
For the purposes of a federally funded grant entitled, Sexually Transmitted
Disease Control ........$2,018,014
4512-0107
For the purposes of a federally funded grant entitled, HIV Risk Behavior Surveillance
................. $143,260
4512-0179
For the purposes of a federally funded grant entitled, Vaccination Assistance
Project ..................$5,496,565
4512-0180
For the purposes of a federally funded grant entitled, Epidemiology and Lab
Surveillance ..................$1,431,539
4512-9061
For the purposes of a federally funded grant entitled, State Data Infrastructure
Program ......................$99,960
4512-9062
For the purposes of a federally funded grant entitled, MH/Substance Abuse
Emergency Response...........$99,500
4512-9063
For the purposes of a federally funded grant entitled, Ecstasy and Other Club
Drugs Cooperative Agreement.............$292,356
4512-9426
For the purposes of a federally funded grant entitled, Uniform Alcohol and
Drug Abuse Data Collection..................$82,226
4513-0111
For the purposes of a federally funded grant entitled, Housing Opportunities-People
with AIDS .................$1,137,803
4513-9007
For the purposes of a federally funded grant entitled, Nutritional Status
of Women, Infants, and Children (WIC)..............$70,586,439
4513-9018
For the purposes of a federally funded grant entitled, Augmentation and Evaluation
of Established Health Education - Risk Reduction.................$11,659,469
4513-9019
For the purposes of a federally funded grant entitled, HIV Testing-Regular
Medical Services ................$200,000
4513-9021
For the purposes of a federally funded grant entitled, Program for Infants
and Toddlers with Handicaps.............$9,308,226
4513-9022
For the purposes of a federally funded grant entitled, Prevention Disability
State Based Project ...........$387,000
4513-9027
For the purposes of a federally funded grant entitled, MassCare - Community
AIDS Resource Enhancement.............$888,693
4513-9030
For the purposes of a federally funded grant entitled, Planning a Comprehensive
Primary Care System for All Mass Children and Youth.............$100,000
4513-9035
For the purposes of a federally funded grant entitled, AIDS Surveillance and
Seroprevalence Project.....................$1,487,325
4513-9037
For the purposes of a federally funded grant entitled, Ryan White Comprehensive
AIDS Resources..............$21,135,640
4513-9038
For the purposes of a federally funded grant entitled, Shelter Plus Care -
Worcester ...................$190,512
4513-9046
For the purposes of a federally funded grant entitled, Congenital Anomalies
Center of Excellence................$1,165,000
4513-9050
For the purposes of a federally funded grant entitled, Max Care - Maximizing
Children's Health and Safety in Child Care ................$68,173
4513-9051
For the purposes of a federally funded grant entitled, Rural Domestic Violence
and Children Victimization Project.............$465,560
4513-9060
For the purposes of a federally funded grant entitled, Residential Fire Injury
Prevention - Mass Injury Intervention and Surveillance ............$145,139
4513-9061
For the purposes of a federally funded grant entitled, Abstinence Education
Project ...................$739,012
4513-9066
For the purposes of a federally funded grant entitled, Universal Newborn Hearing
Screening-Enhancement Project..................$150,000
4513-9071
For the purposes of a federally funded grant entitled, Early Hearing Detection
and Intervention (EHDI) Tracking and Research ..........$150,000
4513-9072
For the purposes of a federally funded grant entitled, Intimate Partner Violence
Among Racial and Ethnic Minority Populations .......................$455,224
4513-9075
For the purposes of a federally funded grant entitled, Alcohol Screening During
Pregnancy - Replicating Lessons Learned ..............................$150,000
4513-9076
For the purposes of a federally funded grant entitled, Early Childhood Comprehensive
Systems ....................$100,000
4513-9077
For the purposes of a federally funded grant entitled, Emergency Medical Services
for Children Partnership II.................$100,000
4513-9078
For the purposes of a federally funded grant entitled, Asthma Planning Collaborative
...................$200,000
4513-9079
For the purposes of a Massachusetts Youth Violence Prevention Program ..................................$99,845
4513-9080
For the purposes of a Massachusetts Perinatal Connection Project .............................................$250,000
4514-1004
For the purposes of a federally funded grant entitled, Emotion Based Messages
to Promote Healthy Behavior.................$151,240
4515-0115
For the purposes of a federally funded grant entitled, Tuberculosis Control
Project .....................$2,004,895
4515-0121
For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological
Studies and Consortium..............$268,496
4515-0200
For the purposes of a federally funded grant entitled, STD/HIV Prevention
Training Centers .......$467,000
4515-0203
For the purposes of a federally funded grant entitled, Prevalence of STD,
TB and HIV Risk Behavior Among MSM.................$59,770
4516-1021
For the purposes of a federally funded grant entitled, Public Health Preparedness
and Response for Bioterrorism..........$23,833,222
4516-1025
For the purposes of a federally funded grant entitled, Morbidity and Risk
Behavior Surveillance .................$107,786
4518-0505
For the purposes of a federally funded grant entitled, Tech Data & Mass
Birth/Infant Death File Linkage/Analysis Assistive Reproductive .............$90,000
4518-0506
For the purposes of a federally funded grant entitled, Core Injury Surveillance
Phase III ..............$180,000
4518-0507
For the purposes of a federally funded grant entitled, Core Injury Surveillance
Phase II ..............$91,000
4518-0509
For the purposes of a federally funded grant entitled, Occupational Health
Surveillance Low Incomes.................$55,500
4518-0514
For the purposes of a federally funded grant entitled, National Violent Death
Reporting System ...............$280,000
4518-0532
For the purposes of a federally funded grant entitled, Core Occupational Health
Surveillance ................$338,153
4518-1000
For the purposes of a federally funded grant entitled, Procurement of Information
for the National Death Index...........$43,598
4518-1002
For the purposes of a federally funded grant entitled, Massachusetts Death
File - Social Security Administration.............$79,300
4518-1003
For the purposes of a federally funded grant entitled, Massachusetts Birth
Records - Social Security Administration...........$370,101
4518-9022
For the purposes of a federally funded grant entitled, Sentinel Event Notification
System for Occupational Risks.............$157,122
4518-9023
For the purposes of a federally funded grant entitled, Census of Fatal Occupational
Injuries ...................$42,100
4518-9025
For the purposes of a federally funded grant entitled, Fatality Surveillance
and Field Investigations...........$145,748
4570-1509
For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular
Disease Prevention..................$1,245,011
4570-1512
For the purposes of a federally funded grant entitled, National Cancer Prevention
Control ...........$6,027,425
4570-1515
For the purposes of a federally funded grant entitled, Chronic Diseases Prevention
and Health Promotion...............$4,786,525
EXECUTIVE OFFICE OF TRANSPORTATION.
Massachusetts Aeronautics Commission.
6006-0042
For the purposes of a federally funded grant entitled, Airport System Planning
............................$44,820
Board of Library Commissioners.
7000-9700
For the purposes of a federally funded grant entitled, Federal Reserve - Title
I ............................$169,000
7000-9702
For the purposes of a federally funded grant entitled, Library Service Technology
Act .................$3,423,733
Department of Housing and Community Development.
7004-0304
For the purposes of a federally funded grant entitled, Lead-Based Paint Control
Program ...........$50,000
7004-2030
For the purposes of a federally funded grant entitled, Weatherization Assistance
for Low Income Persons; provided, that consistent with applicable federal
regulations and the state plan, the department of housing and community development
may provide monthly payments in advance to participating agencies...................................................$6,577,376
7004-2033
For the purposes of a federally funded grant entitled, Low Income Home Energy
Assistance Program; provided, that consistent with applicable federal regulations
and the state plan, the department of housing and community development shall
provide monthly payments in advance to participating agencies........$81,277,612
7004-2034
For the purposes of a federally funded grant entitled, Community Services
Block Grant; provided, that consistent with applicable federal regulations
and the state plan, the department of housing and community development may
provide monthly payments in advance to participating agencies................$17,261,548
7004-3037
For the purposes of a federally funded grant entitled, Small Cities Community
Development Block Grant Program; provided, that consistent with applicable
federal regulations and the state plan, the department of housing and community
development may provide monthly payments in advance to participating agencies..................................$44,078,903
7004-9009
For the purposes of a federally funded grant entitled, Section 8 Substantial
Rehabilitation Program; provided, that the department of housing and community
development may provide monthly payments in advance to participating agencies
...............................$7,426,976
7004-9014
For the purposes of a federally funded grant entitled, Section 8 Federal Housing
Voucher Program; provided, that the department of housing and community development
may provide monthly payments in advance to participating agencies ..........................$200,333,000
7004-9019
For the purposes of a federally funded grant entitled, Section 8 Moderate
Rehabilitation; provided, that the department of housing and community development
may provide monthly payments in advance to participating agencies..............................$8,540,000
7004-9020
For the purposes of a federally funded grant entitled, Section 8 New Construction
Program; provided, that the department of housing and community development
may provide monthly payments in advance to participating agencies..............$6,247,565
7004-9028
For the purposes of a federally funded grant entitled, Home Investment Partnerships;
provided, that consistent with applicable federal regulations and the state
plan, the department of housing and community development may provide monthly
payments in advance to participating agencie ............$22,236,976
7004-9039
For the purposes of a federally funded grant entitled, HOME Technical Assistance
.....................$100,000
7004-9051
For the purposes of a federally funded grant entitled, Shelter Plus Care-Lowell;
provided, that consistent with applicable federal regulations and the state
plan, the department of housing and community development may provide monthly
payments in advance to participating agencies ..................................$28,894
Division of Energy Resources.
7006-9216
For the purposes of a federally funded grant entitled, City of Boston Municipal
Energy Program .............$40,000
7006-9218
For the purposes of a federally funded grant entitled, Mystic Valley Combined
Heat ...................$26,000
7006-9220
For the purposes of a federally funded grant entitled, Potential for Wind
Energy ..........................$8,367
7006-9221
For the purposes of a federally funded grant entitled, SEP Regional Conference/Workshop
........$10,248
7006-9222
For the purposes of a federally
funded grant entitled, Massachusetts Micro-Hydro Analysis Project..............$5,000
7006-9223
For the purposes of a federally funded grant entitled, Leveraging Manufacturing
Productivity and Energy Efficiency Resources on a Regional Basis....................................................$6,750
7006-9224
For the purposes of a federally funded grant entitled, Clean Cities Coalition
Support ...................$6,825
7006-9225
For the purposes of a federally funded grant entitled, Industries of the Future
Program ...............$27,882
7006-9227
For the purposes of a federally funded grant entitled, Public Housing Efficiency
Project ...............$1,000
7006-9228
For the purposes of a federally funded grant entitled, Rebuild America - Northeast
Regional Peer Exchange...................$19,913
7006-9229
For the purposes of a federally funded grant entitled, Eastern Massachusetts
Shuttle Project .......$66,375
7006-9230
For the purposes of a federally funded grant entitled, Northeast Regional
Combined Cooling, Heating, and Power..............$150,000
7006-9232
For the purposes of a federally funded grant entitled, Comm.? Of Mass Energy
Efficiency Partnership Outreach, Training and Assessments...............$149,967
7006-9735
For the purposes of a federally funded grant entitled, Massachusetts Million
Solar Roofs Partnership...................$49,680
7006-9720
For the purposes of a federally funded grant entitled, State Heating Oil and
Propane Program ................$22,820
7006-9743
For the purposes of a federally funded grant entitled, State Energy Plan ......................................$967,000
7006-9757
For the purposes of a federally funded grant entitled, Northeast Regional
Biomass Program ........$20,000
Department of Education.
7010-9706
For the purposes of a federally funded grant entitled, Common Core Data Project
......................$95,003
7027-0210
For the purposes of a federally funded grant entitled, Partnerships in Character
Education ...........$198,195
7032-0217
For the purposes of a federally funded grant entitled, Robert C.? Byrd Honors
Scholarship Program - Distribution...........$804,000
7032-0228
For the purposes of a federally funded grant entitled, Massachusetts AIDS
Education Program .................$650,000
7033-9401
For the purposes of a federally funded grant entitled, Christa McAuliffe Fellowship
Program - Administration............$8,500
7035-0020
For the purposes of a federally funded grant entitled, Massachusetts State
Improvement Grant Project Focus........$2,552,000
7035-0166
For the purposes of a federally funded grant entitled, Even Start Family Literacy
- Distribution ...............$4,754,428
7035-0176
For the purposes of a federally funded grant entitled, Comprehensive School
Demonstration - Distribution...............$6,590,588
7035-0210
For the purposes of a federally funded grant entitled, Advanced Placement
Fee Payment Program...........$336,646
7038-0107
For the purposes of a federally funded grant entitled, Adult Basic Education
- Distribution ...........$12,236,000
7038-0188
For the purposes of a federally funded grant entitled, Family Literacy Administration
Phase II .....$167,664
7038-9004
For the purposes of a federally funded grant entitled, School Based Programs............................$509,688
7038-9008
For the purposes of a federally funded grant entitled, Learn and Serve America,
Higher Ed and Schools Partnership...........$235,600
7038-9748
For the purposes of a federally funded grant entitled, Refugee Children School
Impact Grant Program.........$300,000
7043-1001
For the purposes of a federally funded grant entitled, Title I Basic Program
..........................$230,510,606
7043-1002
For the purposes of a federally funded grant entitled, Title I Reading First
State Grants...............$18,542,055
7043-1004
For the purposes of a federally funded grant entitled, Title I Migratory Children
.........................$1,818,902
7043-1005
For the purposes of a federally funded grant entitled, Title I Neglected and
Delinquent Children............$1,950,000
7043-2001
For the purposes of a federally funded grant entitled, Title II Teacher Quality
State Grants..........$52,717,550
7043-2002
For the purposes of a federally
funded grant entitled, Title II State and Local Technology Grants.............$14,155,554
7043-2003
For the purposes of a federally funded grant entitled, Title IIB Math and
Science Partnerships...............$1,731,107
7043-3001
For the purposes of a federally funded grant entitled, Title III Language
Instruction/LEP Immigrants...............$7,173,119
7043-4001
For the purposes of a federally funded grant entitled, Title IV Safe and Drug
Free Schools..........$7,143,515
7043-4002
For the purposes of a federally funded grant entitled, Title IV 21st Century
Community Learning Centers.............$11,525,000
7043-4003
For the purposes of a federally funded grant entitled, Community Service Expelled/Suspended
...............$975,394
7043-5001
For the purposes of a federally funded grant entitled, Title V Innovative
Programs State Grants .................$7,617,530
7043-6001
For the purposes of a federally funded grant entitled, Title VI State Assessment
Grants.............$7,345,671
7043-6002
For the purposes of a federally funded grant entitled, Rural And Low-Income
Schools................$193,929
7043-6501
For the purposes of a federally funded grant entitled, Title X Homeless Children/Youth.......................$1,055,917
7043-7001
For the purposes of a federally funded grant entitled, Special Education Grants.....................$250,351,438
7043-7002
For the purposes of a federally funded grant entitled, Preschool Grants.....................................$10,103,890
7043-8001
For the purposes of a federally funded grant entitled, Vocational Education
Grants.....................$18,101,085
7043-8002
For the purposes of a federally funded grant entitled, Tech-Prep. Education..............................$1,697,959
7043-9001
For the purposes of a federally funded grant entitled, Teacher Quality Enhancement/Partnerships...........$312,828
7043-9002
For the purposes of a federally funded grant entitled, Transition to Teaching...............................$586,160
7053-2112
For the purposes of a federally funded grant entitled, Special Assistance
Funds.........................$133,180,125
7053-2117
For the purposes of a federally funded grant entitled, Child Care Program...........................$55,040,252
7053-2126
For the purposes of a federally funded grant entitled, Temporary Emergency
Food Assistance...................$920,000
7053-2202
For the purposes of a federally funded grant entitled, Special Summer Food
Service Program for Children..................$6,125,000
7062-0008
For the purposes of a federally funded grant entitled, Office of School Lunch
Programs - Child Care Program Administration........$2,850,000
7062-0017
For the purposes of a federally funded grant entitled, Charter Schools Assistance...................$4,751,065
7062-0019
For the purposes of a federally funded grant entitled, Career Resource Network
State Grant..........$230,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.
Department of State Police.
8100-0208
For the purposes of a federally funded grant entitled, MCSAP..........................$243,201
8100-0209
For the purposes of a federally funded grant entitled, Region 1 Training Academy
Motor Carrier Safety Assistance............$145,000
8100-0210
For the purposes of a federally funded grant entitled, MCSAP-CVE New Entrant
Audit ..........$252,976
8100-0215
For the purposes of a federally funded grant entitled, MCSAP FY05/FY06..............................$ 2,145,088
8100-2058
For the purposes of a federally funded grant entitled, New England State Police
Administrator's Conference - Regional Investigation...........$3,000,000
8100-9706
For the purposes of a federally funded grant entitled, Cannabis Eradication
Controlled Substance Prosecution DEA Cooperative Agreement................$32,000
8100-9720
For the purposes of a federally funded grant entitled, FY03 DNA No Suspect
Backlog Reduction ???????
$780,196
8100-9721
For the purposes of a federally funded grant entitled, Paul Coverdell National
Forensic Science..............$25,664
8100-9725
For the purposes of a federally funded grant entitled, Paul Coverdell National
Forensic Science FY04..................$147,004
8100-9726
For the purposes of a federally funded grant entitled, DNA Capacity Enhancement....................$607,962
8100-9727
For the purposes of a federally funded grant entitled, Forensic Casework?
DNA Backlog...........$663,842
8100-9728
For the purposes of a federally funded grant entitled, Solving Cold Cases
through DNA.............$500,000
Department of Fire Services.
8324-1505
For the purposes of a federally funded grant entitled, USFA/NFA State Fire
Training Program...............$25,000
8324-9707
For the purposes of a federally funded grant entitled, Underground Storage
Tank Registry Program....................$200,000
Massachusetts Emergency Management Agency.
8800-0042
For the purposes of a federally funded grant entitled, Hazardous Materials
Transportation Act........................$214,283
8800-0048
For the purposes of a federally funded grant entitled, Flood Mitigation Assistance
Program........$829,840
8800-0054
For the purposes of a federally funded grant entitled, Flood 10/20/06.......................................$2,333,770
8800-0064
For the purposes of a federally funded grant entitled, Hazard Mitigation 1364............................$1,520,166
8800-0069
For the purposes of a federally funded grant entitled, Comprehensive Environmental
Response, Compensation, and Liability Act Grant............$2,166
8800-0078
For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation
Program................$648,570
8800-0080
For the purposes of a federally funded grant entitled, Local Emergency Planning
Committees Planning and Conference.............$30,500
8800-0082
For the purposes of a federally funded grant entitled, Snow Removal Declaration
3175...............$10,000,000
8800-0083
For the purposes of a federally funded grant entitled, Snow Removal Declaration
3194...............$40,000,000
8800-0086
For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation/Disaster
Resistant University.............$220,375
8800-0087
For the purposes of a federally funded grant entitled, Pre-Disaster Mitigation
Competitive Grant.................$876,970
8800-0088
For the purposes of a federally funded grant entitled, Snow Removal Declaration
3201...............$60,000,000
8800-1512
For the purposes of a federally funded grant entitled, Hazard Mitigation Program,
HMPG for FEMA-DR1512.................$243,225
Sheriffs.
8910-0118
For the purposes of a federally funded grant entitled, Life Skills for Offenders...........................$102,369
8910-0120
For the purposes of a federally funded grant entitled, Substance Abuse....................................$69,930
8910-0121
For the purposes of a federally funded grant entitled, Project TACT.....................................$51,300
8910-0123
For the purposes of a federally funded grant entitled, Inmate Litter Program............................$32,089
8910-0133
For the purposes of a federally funded grant entitled, Residential Substance
Abuse....................$75,899
8910-0169
For the purposes of a federally funded grant entitled, Adult Basic Supervision.......................$157,248
8910-0170
For the purposes of a federally funded grant entitled, Project Expand..........................$62,358
8910-0202
For the purposes of a federally funded grant entitled, STD/Tuberculosis...............................$38,185
8910-0305
For the purposes of a federally funded grant entitled, Title 1.................................................$249,875
8910-0320
For the purposes of a federally funded grant entitled, Violence Against Women........................$10,760
8910-0369
For the purposes of a federally funded grant entitled, HIV Intervention...................................$39,550
8910-0370
For the purposes of a federally funded grant entitled, HIV/STD/Tuberculosis........................$44,503
8910-0503
For the purposes of a federally funded grant entitled, Title 1..................................................$76,069
8910-0504
For the purposes of a federally funded grant entitled, Community Corrections
Centers.............$1,718,915
8910-0533
For the purposes of a federally funded grant entitled, Integrity Training
..........................$75,000
8910-0607
For the purposes of a federally funded grant, entitled, Substance Abuse Continuum
of Care...................$249,548
8910-8001
For the purposes of a federally funded grant entitled, Vocational Education........................$11,377
8910-8011
For the purposes of a federally funded grant entitled, Project TOP................................$11,000
Office of the Secretary.
9110-1071
For the purposes of a federally funded grant entitled, Older American Act
- Title VII Elder Abuse Prevention.................$152,812
9110-1072
For the purposes of a federally funded grant entitled, Older American Act
- Title VII Ombudsman..............$302,838
9110-1073
For the purposes of a federally funded grant entitled, Older American Act
- Title III Preventive Health..................$626,782
9110-1074
For the purposes of a federally funded grant entitled, Older Americans Assistance,
Title III and Title VII............$9,398,173
9110-1077
For the purposes of a federally funded grant entitled, Older Americans Act,
Title III-E, National Family Caregiver Support Program..................$5,423,720
9110-1095
For the purposes of a federally funded grant entitled, Health Information
Counseling and Assistance...................$658,512
9110-1173
For the purposes of a federally funded grant entitled, Older Americans Act
- Title III Nutrition Program..........$13,420,000
9110-1174
For the purposes of a federally funded grant entitled, Nutrition Services
Incentive Program..............$4,074,000
9110-1178
For the purposes of a federally funded grant entitled, Community Service Employment
Program...............$1,912,311
9110-1755
For the purposes of a federally funded grant entitled, State Pharmacy Assistance
Program Transitional Grant...........$6,000,000
9110-2761
For the purposes of a federally funded grant entitled, Aging and Disability
Resource Center- Center for Medicaid and Medicare Services .............$250,000
??????????????? Notwithstanding any general or special law to the
contrary, the total amounts to be distributed and paid to each city and town
from item 0611-5500 of section 2 shall be as set forth in the following lists. The amounts to be distributed from said item
0611-5500 of said section 2 shall be in full satisfaction of the amounts due
under section 37 of chapter 21 of the General Laws.
??????????????? Notwithstanding section 2 of chapter 70 of the
General Laws or any other general or special law to the contrary, except for
section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for
fiscal year 2006 the total amounts to be distributed and paid to each city and
town from item 7061-0008 of section 2 shall be as set forth in the following
lists.The specified amounts to be
distributed from said item 7061-0008 of said section 2 shall be in full
satisfaction of the amounts due under sections 3, 6 and 7 of chapter 70 of the
General Laws, in this section called chapter 70 aid. For fiscal year 2006, in
the calculation of the foundation budget for each district, no school district
shall have a wage adjustment factor less than one. Minimum required local contributions
for fiscal year 2006 shall be calculated as for house bill 1, as submitted by
the governor in January of 2005, and shall equal preliminary local contribution
in fiscal year 2005 increased or decreased by the municipal revenue growth
factor. For the purposes of calculating municipal revenue growth factors,
general revenue sharing aid for every city and town shall be calculated based
on the amount of assistance from the Commonwealth budgeted in house bill 1, as
submitted by the governor in January of 2005.For fiscal year 2006, chapter 70 aid shall be the difference between a
district's foundation budget and the sum of that district's share of
preliminary local contributions of member communities as determined by the
department of education.Additional aid
shall be added such that every operational district receives an increase over
fiscal year 2005, which is at least equal to $50 per student.No district shall receive chapter 70 aid in
an amount greater than the district's foundation budget.If there is a conflict between the language
of this section and the distribution listed below, the distribution below shall
control.
??????????????? The department shall not consider health care costs
for retired teachers to be part of net school spending for any district in
which such costs were not considered part of net school spending in fiscal year
1994.
??????????????? In fiscal years 2007 and thereafter, if the closure
of a power plant results in the loss of property tax and, in the fiscal year before
its closure, that power plant represented 20 per cent or more of the tax levy on industrial property in any
city or town, the department of education shall reduce that city or town?s
required local contribution to its local school district, as determined by the
department in accordance with chapter 70 of the General Laws, proportionally The
department shall determine the percent of total municipal revenue expended for
school purposes, apply said percentage to the amount of the total commercial,
industrial, and real property tax attributable to the closed plant paid to the
city or town in the previous fiscal year, and shall reduce the minimum required
contribution by said amount.For each
school district affected by the reduction in minimum contribution for said city
or town, the department shall calculate the amount of aid necessary to offset
the loss of local spending, and shall increase prior-year chapter 70 aid by
that amount when calculating chapter 70 aid due in the following fiscal year. Under no circumstances shall changes pursuant
to this paragraph result in required net school spending of the municipal
school district or any school district or any district of which that town is a
member, defined as the combination of minimum required contribution and state
chapter 70 aid, below the foundation level of spending calculated by the
department under chapter 70 of the General Laws.
No payments
to cities, towns, or counties maintaining an agricultural school pursuant to
this section shall be made after November 30 of the fiscal year by the state
treasurer until he receives certification from the commissioner of revenue of the
commissioner's acceptance of the prior fiscal year's annual financial reports
submitted pursuant to section 43 of chapter 44 of the General Laws. The state
treasurer shall make advance payments for some or all of periodic local
reimbursement or assistance programs to any city, town, regional school
district, or independent agricultural and technical school that demonstrates an
emergency cash shortfall, as certified by the commissioner of revenue and
approved by the secretary of administration and finance, pursuant to guidelines
established by the secretary.
|
?7061-0008?
|
? 0611-5500?
|
|
|
? Chapter 70?
|
? Additional?
|
? Lottery?
|
?Municipality |
|
? Assistance?
|
? Distribution? |
?ABINGTON????????????????????? |
???????? 6,869,653 |
????????????????????????????? -??? |
????????? 2,006,215 |
? |
???????? 2,723,714 |
????????????? 29,696 |
????????? 1,384,060 |
?ACUSHNET????????????????????? |
???? ????6,049,622 |
????????????? 23,875 |
????????? 1,538,089 |
? |
????????????????????? -?? |
????????????? 35,042 |
????????? 1,998,944 |
? |
?????? 10,826,098 |
????????????????????????????? -??? |
?????? ???3,661,919 |
?ALFORD??????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 14,330 |
?AMESBURY????????????????????? |
???????? 8,455,877 |
????????????????????????????? -??? |
????????? 2,003,131 |
? |
???????? 5,572,787 |
??????????? 222,910 |
????????? 7,967,674 |
? |
???????? 5,235,106 |
????????????????????????????? -??? |
????????? 1,808,259 |
?AQUINNAH |
????????????????????? -?? |
???????????????????????? ?????-???
|
???????????????? 2,253 |
? |
???????? 5,019,277 |
???????? 4,491,775 |
????????? 4,242,362 |
?ASHBURNHAM??????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 694,712 |
?ASHBY?
??????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 395,037 |
?ASHFIELD????????????????????? |
????????????? 66,553 |
????????????????????????????? -??? |
???????????? 175,596 |
? |
????????
2,710,446 |
??????????? 291,598 |
????????? 1,083,867 |
?ATHOL???????????????????????? |
????????????????????? -?? |
??????????????? 4,377 |
????????? 2,256,978 |
? |
?????? 26,883,244 |
????????????????????????????? -??? |
?? ???????5,686,033 |
? |
???????? 3,851,160 |
????????????????????????????? -??? |
????????? 1,709,103 |
? |
??????????? 598,615 |
??????????? 400,636 |
???????????? 389,697 |
?AYER???????????????????????? ? |
???????? 3,640,814 |
????????????? 44,218 |
???????????? 742,929 |
? |
???????? 6,420,888 |
????????????????????????????? -??? |
????????? 2,101,378 |
?BARRE???????????????????????? |
????????????? 15,043 |
???????????????????????? ?????-???
|
???????????? 799,532 |
?BECKET??????????????????????? |
????????????? 48,982 |
??????????????? 8,580 |
?????????????? 79,749 |
? |
???????? 2,053,688 |
??????????? 484,271 |
???????????? 788,848 |
?BELCHERTOWN???????????? ?????? |
???????? 9,504,784 |
????????????????????????????? -??? |
????????? 1,608,123 |
? |
???????? 7,674,956 |
????????????????????????????? -??? |
????????? 1,797,134 |
? |
???????? 3,002,919 |
???????? ???827,483 |
????????? 1,690,438 |
? |
???????? 4,920,431 |
????????????????????????????? -??? |
???????????? 579,235 |
? |
??????????? 505,157 |
????????????????????????????? -??? |
???????????? 212,173 |
?BERNARDSTON?????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 270,277 |
? |
???????? 6,332,869 |
???????? 2,452,442 |
????????? 3,970,874 |
? |
?????? 13,000,488 |
???????? 2,349,321 |
????????? 4,076,834 |
?BLACKSTONE??????????????????? |
????????????? 38,854 |
????????????????????????????? -??? |
????????? 1,260,366 |
?BLANDFORD???????????????????? |
????????????? 34,879 |
????????????????????????????? -??? |
??? ?????????121,104 |
? |
??????????????? 5,341 |
????????????????????????????? -??? |
???????????? 189,415 |
? |
???? 203,634,716 |
???? 164,211,152 |
??????? 60,545,688 |
?BOURNE??????????????????????? |
? ???????4,520,605 |
??????????? 352,555 |
????????? 1,196,257 |
?BOXBOROUGH??????????????????? |
???????? 1,318,163 |
????????????????????????????? -??? |
???????????? 245,334 |
?BOXFORD?????????????????????? |
???????? 1,491,957 |
????????????? 36,411 |
????????? ???461,291 |
?BOYLSTON????????????????????? |
??????????? 399,441 |
????????????????????????????? -??? |
???????????? 347,331 |
? |
???????? 4,903,921 |
???????? 3,378,041 |
????????? 3,135,580 |
?BREWSTER????????????????????? |
???? ???????847,877 |
????????????????????????????? -??? |
???????????? 394,419 |
? |
????????????? 88,168 |
????????????????????????????? -??? |
????????? 3,214,924 |
?BRIMFIELD???????????????????? |
??????????? 892,998 |
??????????????? ??????????????-??? |
???????????? 373,042 |
? |
???? 110,310,059 |
???????? 4,310,392 |
??????? 17,871,219 |
? |
???????? 1,322,058 |
????????????????????????????? -??? |
???????????? 492,651 |
? |
???????? 5,214,247 |
???????? 3,497,741 |
????????? 3,756,449 |
?BUCKLAND????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 273,378 |
? |
???????? 3,726,894 |
?? ??????1,386,400 |
????????? 1,541,743 |
? |
???????? 7,122,205 |
?????? 17,956,060 |
????????? 7,539,008 |
|
???????? 2,658,680 |
??????????? 878,002 |
????????? 1,452,568 |
? |
??????????? 625,736 |
????????????? 14,729 |
???????????? 213,167 |
?CARVER??????????????????????? |
???????? 9,266,231 |
????????????????????????????? -??? |
????????? 1,462,105 |
?CHARLEMONT??????????????????? |
????????????? 66,503 |
??????????????????????? ??????-???
|
???????????? 164,466 |
?CHARLTON????????????????????? |
??????????????? 6,065 |
????????????????????????????? -??? |
????????? 1,278,640 |
? |
??????????? 477,225 |
????????????????????????????? -??? |
???????????? 162,212 |
? |
???????? 6,876,856 |
???????? 2,535,342 |
????????? 3,133,208 |
? |
?????? 42,000,702 |
???????? 3,396,864 |
????????? 5,529,762 |
? |
??????????? 263,936 |
??????????? ??????????????????-??? |
???????????? 547,702 |
? |
????????????? 89,300 |
????????????????????????????? -??? |
???????????? 170,608 |
? |
????????????? 85,640 |
????????????????????????????? -??? |
????? ???????129,893 |
? |
?????? 37,613,808 |
???????? 1,195,616 |
??????? 10,214,460 |
?CHILMARK????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????????? 3,818 |
? |
???????? 1,478,268 |
????????????? 13,114 |
???????????? 354,801 |
? |
???????? 8,894,104 |
??????????? 175,517 |
????????? 2,218,670 |
?COHASSET????????????????????? |
???????? 1,220,623 |
??????????? 166,099 |
???????????? 404,930 |
?COLRAIN?????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 240,549 |
? |
???????? 1,639,230 |
??????????? 383,959 |
???????????? 905,186 |
? |
???? ???????563,283 |
????????????????????????????? -??? |
???????????? 170,055 |
?CUMMINGTON??????????????????? |
????????????? 32,728 |
????????????????????????????? -??? |
?????????????? 77,040 |
? |
??????????? 142,474 |
????????????? ????????????????-??? |
???????????? 997,874 |
? |
???????? 3,753,262 |
???????? 1,118,972 |
????????? 1,977,016 |
? |
???????? 8,320,190 |
????????????????????????????? -??? |
????????? 2,551,974 |
? |
???????? 3,188,974 |
???????? 1,550,298 |
????????? 2,123,808 |
? |
??????????? 712,360 |
????????????????????????????? -??? |
???????????? 485,720 |
?DENNIS??????????????????????? |
????????????????????? -? ? |
????????????????????????????? -??? |
???????????? 547,447 |
?DEVENS |
??????????? 328,000 |
????????????????????????????? -??? |
?????????????????????? -??? |
?DIGHTON?????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
??? ?????????696,943 |
? |
???????? 6,600,404 |
????????????????????????????? -??? |
???????????? 703,677 |
? |
??????????? 363,450 |
????????????????????????????? -??? |
???????????? 201,066 |
? |
?????? 14,241,937 |
????????????????????????????? -??? |
????????? 3,552,641 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,529,079 |
?DUNSTABLE???????????????????? |
??????????? ??????????-??
|
????????????? 30,076 |
???????????? 199,538 |
?DUXBURY?????????????????????? |
???????? 2,814,514 |
????????????????????????????? -??? |
???????????? 924,732 |
? |
???????? 9,416,257 |
????????????????????????????? -? ?? |
????????? 1,498,285 |
? |
????????????? 72,979 |
????????????????????????????? -??? |
???????????? 274,820 |
? |
???????? 3,415,856 |
????????????????????????????? -??? |
????????? 1,393,766 |
?EASTHAM?????????????????????? |
??????????? 252,704 |
????????????????????????????? -??? |
???????????? 149,688 |
? |
???????? 7,061,164 |
??????????? 108,874 |
????????? 2,709,785 |
? |
???????? 7,668,207 |
???? ?????????????????????????-??? |
????????? 2,189,049 |
?EDGARTOWN???????????????????? |
??????????? 343,128 |
????????????? 28,507 |
?????????????? 45,782 |
?EGREMONT????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????? ??????64,113 |
?ERVING??????????????????????? |
??????????? 257,384 |
????????????? 13,150 |
?????????????? 60,069 |
? |
????????????????????? -?? |
????????????? 33,828 |
???????????? 228,131 |
? |
????? ?20,857,067 |
???????? 4,084,357 |
????????? 3,589,700 |
? |
???????? 6,900,864 |
??????????? 391,434 |
????????? 1,997,821 |
? |
?????? 88,654,097 |
???????? 2,290,951 |
??????? 22,340,906 |
? |
???????? 4,439,706 |
????????????????????????????? -??? |
????????? 1,402,893 |
? |
?????? 36,443,198 |
??????????? 214,811 |
????????? 8,391,390 |
? |
??????????? 420,540 |
???????????? ?????????????????-??? |
?????????????? 50,857 |
?FOXBOROUGH??????????????????? |
???????? 6,200,106 |
????????????????????????????? -??? |
????????? 1,540,251 |
? |
???????? 8,530,320 |
???????? 4,697,500 |
????????? 6,321,058 |
? |
?????? 23,359,339 |
????????????????????????????? -??? |
????????? 2,480,524 |
? |
??????????? 920,190 |
????????????????????????????? -??? |
???????????? 966,659 |
? |
?????? 18,123,386 |
??????????? 120,747 |
????????? 4,099,199 |
? |
???????? 3,428,300 |
????????????? 52,998 |
???????????? 682,705 |
?GILL????????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? ???213,486 |
? |
???????? 5,446,302 |
???????? 1,923,054 |
????????? 2,548,808 |
? |
????????????? 71,847 |
????????????????????????????? -??? |
?????????????? 74,365 |
?GOSNOLD?????????????????????? |
?? ?????????????8,396 |
??????????????? 1,962 |
??????????????????? 535 |
?GRAFTON?????????????????????? |
???????? 5,916,246 |
????????????????????????????? -??? |
????????? 1,569,513 |
? |
???????? 3,480,552 |
???????????????????????? ?????-???
|
???????????? 861,556 |
?GRANVILLE???????????????????? |
???????? 1,194,161 |
????????????????????????????? -??? |
???????????? 148,427 |
?GREAT |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 777,629 |
? |
???????? 8,732,668 |
????????????????????????????? -??? |
????????? 3,135,650 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 749,057 |
?GROVELAND?????????? ?????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 650,645 |
?HADLEY??????????????????????? |
??????????? 625,061 |
??????????? 138,341 |
???????????? 334,468 |
? |
???????? 2,352,215 |
????????? ????????????????????-??? |
???????????? 920,146 |
? |
????????????????????? -?? |
????????????? 42,887 |
???????????? 614,829 |
?HAMPDEN?????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
??????? ?????610,721 |
?HANCOCK?????????????????????? |
??????????? 178,649 |
????????????? 17,638 |
?????????????? 39,502 |
? |
???????? 4,695,733 |
???????? 1,326,394 |
????????? 1,071,732 |
?HANSON??????????????????????? |
????????????? 28,480 |
????????????????????????????? -??? |
????????? 1,227,101 |
?HARDWICK????????????????????? |
????????????????????? -?? |
??????????????? 3,228 |
???????????? 397,087 |
?HARVARD?????????????????????? |
???????? 1,207,690 |
????????????? 55,090 |
????????? 1,699,036 |
?HARWICH?????????????????????? |
???????? 1,441,302 |
????????????????????????????? -??? |
???????????? 435,031 |
?HATFIELD????????????????????? |
??????????? 619,676 |
????????????????????????????? -??? |
???????????? 313,003 |
? |
?????? 31,984,671 |
???????? 2,503,145 |
????????? 7,879,580 |
?HAWLEY??????????????????????? |
????????????? 27,325 |
????????????? 12,924 |
?????????????? 30,356 |
?HEATH???????????????????????? |
????????????????????? -?? |
??????????????????????????? ??-??? |
?????????????? 70,392 |
? |
???????? 3,340,480 |
??????????? 334,151 |
????????? 1,357,736 |
? |
????????????? 75,997 |
????????????????????????????? -??? |
???????????? 210,751 |
?HOLBROOK?????? ??????????????? |
???????? 4,191,804 |
??????????????? 4,757 |
????????? 1,539,108 |
?HOLDEN??????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,698,616 |
? |
??????????? 664,264 |
???? ?????????????????????????-??? |
???????????? 188,910 |
?HOLLISTON???????????????????? |
???????? 5,943,729 |
??????????? 412,300 |
????????? 1,243,934 |
? |
?????? 61,015,564 |
??????????? 606,646 |
????????? 9,570,845 |
?HOPEDALE???
?????????????????? |
???????? 5,057,500 |
????????????????????????????? -??? |
???????????? 655,503 |
?HOPKINTON???????????????????? |
???????? 4,841,117 |
??????????? 120,287 |
???????????? 666,821 |
?HUBBARDSTON?????????????????? |
??????????????? 8,448 |
?????? ???????????????????????-??? |
???????????? 366,989 |
? |
???????? 5,370,695 |
????????????????????????????? -??? |
????????? 2,056,388 |
? |
???????? 3,687,093 |
???????? 1,388,549 |
????????? 1,068,730 |
? |
????????????? 89,877 |
????????????????????????????? -??? |
???????????? 320,075 |
? |
???????? 2,066,540 |
??????????? 775,432 |
????????? 1,013,997 |
? |
???????? 3,291,409 |
????????????????????????????? -??? |
???????????? 947,121 |
?LAKEVILLE???????????????????? |
???????? 2,146,114 |
????????????????????????????? -??? |
???????????? 795,296 |
? |
????????????????????? -?? |
?????????????????????? ???????-???
|
???????????? 865,163 |
?LANESBOROUGH????????????????? |
??????????? 511,328 |
????????????????????????????? -??? |
???????????? 354,826 |
? |
???? 117,307,291 |
??????????? 190,699 |
??????? 19,635,328 |
? |
???????? 1,520,616 |
????????????????????????????? -??? |
???????????? 648,079 |
? |
???????? 8,584,389 |
????????????????????????????? -??? |
????????? 1,749,536 |
?LENOX???????????????????????? |
???????? 1,111,973 |
????????????? 72,146 |
???????????? 518,184 |
? |
?????? 32,722,786 |
????????????? 11,693 |
????????? 5,633,456 |
?LEVERETT????????????????????? |
??????????? 223,181 |
????????????????????????????? -??? |
???????????? 178,604 |
? |
???????? 5,197,254 |
????????????????????????????? -??? |
????????? 1,581,017 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 75,898 |
? |
??????????? 493,537 |
??????????? 292,012 |
???????????? 466,318 |
? |
???????? 1,464,107 |
??????????? 164,924 |
???????????? 580,299 |
? |
???????? 3,547,400 |
????????????????????????????? -??? |
???? ?????1,385,190 |
? |
???? 108,399,118 |
???????? 6,340,746 |
??????? 20,245,398 |
? |
???????? 9,615,500 |
????????????????????????????? -??? |
????????? 2,909,098 |
?LUNENBURG???????????????????? |
????? ???3,708,907 |
????????????????????????????? -??? |
????????? 1,076,641 |
? |
???? 100,174,841 |
???????? 9,477,523 |
??????? 14,871,312 |
?LYNNFIELD???????????????????? |
???????? 1,760,538 |
??????????? 362,288 |
???????????? 768,744 |
? |
?????? 32,462,866 |
???????? 5,586,730 |
????????? 8,399,131 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 237,187 |
? |
?????? 11,432,836 |
??????????? 725,040 |
????????? 1,569,286 |
? |
???????? 3,626,744 |
????????????? 39,403 |
????????? 1,154,583 |
? |
??????????? 338,668 |
????????????????????????????? -??? |
???????????? 228,167 |
? |
???????? 6,151,638 |
???????? 2,728,327 |
????????? 3,247,829 |
? |
?????? 12,057,258 |
??????????? 202,756 |
????????? 2,072,861 |
?MASHPEE?????????????????????? |
???????? 4,044,754 |
??????????? ??????????????????-??? |
???????????? 316,873 |
?MATTAPOISETT????????????????? |
??????????? 473,898 |
????????????????????????????? -??? |
???????????? 420,149 |
?MAYNARD?????????????????????? |
???????? 2,211,508 |
??????????? 586,886 |
????????? 1,137,002 |
?MEDFIELD????????????????????? |
???????? 4,716,703 |
??????????? 744,614 |
???????????? 868,914 |
? |
?????? 10,251,400 |
???????? 6,432,448 |
????????? 7,106,161 |
?MEDWAY??????????????????????? |
???????? 6,292,863 |
??????????? 187,002 |
????????? 1,055,781 |
? |
???????? 5,187,290 |
???????? 2,704,187 |
????????? 3,115,203 |
?MENDON??????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 395,978 |
?MERRIMAC???????? ????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 744,721 |
? |
?????? 30,471,886 |
??????????? 163,026 |
????????? 5,333,014 |
? |
?????? 15,072,339 |
?????????? ???????????????????-??? |
????????? 2,483,091 |
?MIDDLEFIELD?????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 47,723 |
?MIDDLETON???????????????????? |
???????? 1,072,302 |
??????????? 126,570 |
???????????? 394,823 |
? |
???????? 9,514,224 |
????????????????????????????? -??? |
????????? 3,126,582 |
?MILLBURY????????????????????? |
???????? 5,889,114 |
????????????????????????????? -??? |
????????? 1,788,255 |
?MILLIS?????????????????????? ? |
???????? 1,884,586 |
??????????? 320,940 |
???????????? 808,434 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 351,760 |
? |
???????? 3,395,206 |
???????? 1,245,145 |
????????? 2,326,448 |
? |
????????????? 84,030 |
????????????? 13,927 |
???????????????? 7,301 |
?MONSON??????????????????????? |
???????? 6,615,987 |
????????????????????????????? -??? |
????????? 1,275,553 |
?MONTAGUE????????????? ???????? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,241,050 |
? |
????????????????????? -?? |
????????????? 12,538 |
?????????????? 35,371 |
? |
????????????? 15,516 |
?? ???????????????????????????-??? |
?????????????? 82,730 |
? |
????????????? 19,858 |
????????????? 33,286 |
???????????????? 3,244 |
?NAHANT??????????????????????? |
??????????? 384,990 |
??????????? 125,393 |
???????????? 294,470 |
? |
??????????? 835,168 |
????????????????????????????? -??? |
?????????????? 79,075 |
? |
???????? 4,176,646 |
???????? 1,942,474 |
????????? 2,336,643 |
? |
???????? 3,838,948 |
??????????? 205,993 |
????????? 1,619,031 |
? |
??????????? 149,556 |
??????????????? 7,313 |
?????????????? 11,670 |
? |
???? 104,076,980 |
??????????? 716,255 |
??????? 23,075,977 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 114,894 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 57,024 |
? |
????? ????????????????-?? |
????????????????????????????? -??? |
?????????????? 96,421 |
?NEWBURY?????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 457,935 |
? |
???????? 2,908,020 |
???? ????1,380,057 |
????????? 1,517,996 |
? |
???????? 9,687,800 |
???????? 1,377,012 |
????????? 4,979,634 |
? |
???????? 3,290,521 |
????????????????????????????? -??? |
???????????? 969,577 |
? |
?????? 13,830,276 |
??????????? 185,853 |
????????? 4,355,802 |
? |
???????? 4,129,740 |
??????????? 120,549 |
????????? 1,924,251 |
? |
?????? 18,436,965 |
????????????????????????????? -??? |
????????? 2,917,793 |
? |
???????? 4,395,946 |
????????????????????????????? -??? |
???????????? 811,376 |
? |
???????? 3,784,804 |
??????????? 945,499 |
????????? 1,046,034 |
? |
???????? 6,574,010 |
??????????? 577,922 |
????????? 3,990,786 |
?NORTHBOROUGH????????????????? |
???????? 2,584,464 |
????????????? 61,111 |
????????? 1,066,290 |
?NORTHBRIDGE?????????????????? |
?????? 12,970,825 |
??????????????? 3,071 |
????????? 2,214,906 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 306,828 |
?NORTON??????????????????????? |
?????? 11,977,480 |
????????????????????????????? -??? |
????????? 2,080,708 |
?NORWELL??????????? ??????????? |
???????? 1,917,412 |
??????????? 541,079 |
???????????? 659,338 |
? |
???????? 3,544,044 |
???????? 2,665,880 |
????????? 2,588,691 |
?OAK BLUFFS??????????????????? |
??????????? 546,635 |
????????????????????????????? -? ?? |
?????????????? 72,992 |
?OAKHAM??????????????????????? |
????????????? 64,189 |
????????????????????????????? -??? |
???????????? 179,134 |
? |
???????? 4,911,542 |
??????????????? 2,115 |
????????? 1,618,719 |
? |
??????????? 225,962 |
????????????????????????????? -??? |
???????????? 179,561 |
?OTIS????????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 32,639 |
? |
???????? 8,477,240 |
????????????????????????????? -??? |
????????? 2,108,359 |
?PALMER??????????????????????? |
?????? 10,232,925 |
????????????????????????????? -??? |
????????? 1,929,644 |
?PAXTON??????????????????????? |
????????????? 81,530 |
?????????????????????????? ???-???
|
???????????? 464,277 |
? |
?????? 18,728,280 |
???????? 3,140,276 |
????????? 4,834,179 |
?PELHAM??????????????????????? |
??????????? 118,053 |
????????????????????????????? -??? |
???????????? 154,807 |
?PEMBROKE????????? ???????????? |
???????? 8,469,224 |
????????????????????????????? -??? |
????????? 1,691,756 |
?PEPPERELL???????????????????? |
??????????????? 7,762 |
????????????????????????????? -??? |
????????? 1,281,720 |
? |
????????????? 37,021 |
????????????????????????????? -??? |
???????????? 107,186 |
?PETERSHAM???????????????????? |
??????????? 334,214 |
????????????????????????????? -??? |
???????????? 111,343 |
?PHILLIPSTON?????????????????? |
????????????????????? -?? |
??????????????? 4,386 |
????????????
166,054 |
? |
?????? 28,114,213 |
??????????? 880,284 |
????????? 7,873,936 |
? |
????????????? 18,987 |
????????????????????????????? -??? |
?????????????? 46,588 |
? |
???????? 2,374,850 |
????????????????????????????? -??? |
???????????? 761,561 |
? |
?????? 16,749,443 |
????????????????????????????? -??? |
????????? 3,856,040 |
?PLYMPTON????????????????????? |
??????????? 489,958 |
???????? ?????????????????????-??? |
???????????? 239,283 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 298,687 |
? |
??????????? 255,801 |
????????????? 22,181 |
???????????? 133,931 |
? |
?????? 12,561,073 |
?????? 11,567,002 |
??????? 10,170,020 |
? |
?????? 10,420,471 |
???????? 1,825,854 |
????????? 3,799,577 |
?RAYNHAM?????????????????????? |
????????????????????? -?? |
?? ???????????????????????????-??? |
????????? 1,117,382 |
? |
???????? 6,290,157 |
???????? 1,534,901 |
????????? 2,083,179 |
?REHOBOTH????????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
??????????? ?929,321 |
? |
?????? 24,103,591 |
???????? 5,334,444 |
????????? 6,118,567 |
? |
??????????? 321,695 |
????????????????????????????? -??? |
???????????? 112,155 |
? |
??????? ?1,329,980 |
????????????????????????????? -??? |
???????????? 419,284 |
? |
???????? 8,952,545 |
??????????? 394,336 |
????????? 2,394,662 |
?ROCKPORT????????????????????? |
???????? 1,194,221 |
????????????????????????????? -??? |
? ???????????448,744 |
? |
????????????? 45,295 |
????????????????????????????? -??? |
???????????????? 4,116 |
?ROWLEY??????????????????????? |
????????????????????? -?? |
??????????? 114,232 |
???????????? 450,684 |
?ROYALSTON?????? ?????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 151,243 |
?RUSSELL?????????????????????? |
??????????? 150,478 |
????????????????????????????? -??? |
???????????? 232,071 |
? |
?????????? ?????8,945 |
????????????????????????????? -??? |
???????????? 786,403 |
? |
?????? 10,536,330 |
???????? 3,298,731 |
????????? 4,204,299 |
? |
????????????????????? -?? |
????????????????????????????? -? ?? |
???????????? 626,191 |
?SANDISFIELD?????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????????? 32,017 |
? |
???????? 5,651,356 |
????????????? 88,406 |
???????????? 998,119 |
? |
???????? 3,538,314 |
???????? 1,784,087 |
????????? 2,279,397 |
? |
??????????? 461,223 |
????????????? 13,801 |
???????????? 101,914 |
? |
???????? 3,580,818 |
??????????? 875,037 |
???? ?????1,376,395 |
?SEEKONK?????????????????????? |
???????? 3,044,575 |
????????????????????????????? -??? |
????????? 1,231,670 |
? |
???????? 6,270,630 |
????????????? 62,495 |
????????? 1,373,743 |
? |
??????????????? 9,370 |
????????????? 11,938 |
???????????? 226,815 |
?SHELBURNE???????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 260,063 |
?SHERBORN????????????????????? |
??????????? 340,731 |
????????????? 20,951 |
???????????? 204,867 |
?SHIRLEY?????????????????????? |
???????? 3,995,219 |
??????????? 185,558 |
????????? 1,158,884 |
? |
?????? 13,800,607 |
??????????? 298,861 |
????????? 2,493,603 |
?SHUTESBURY??????????????????? |
??????? ????465,653 |
????????????????????????????? -??? |
???????????? 157,661 |
? |
???????? 2,685,723 |
????????????????????????????? -??? |
????????? 1,485,839 |
? |
?????? 19,725,439 |
?????? 16,219,924 |
??? ????11,873,047 |
? |
???????? 5,531,820 |
????????????? 20,214 |
????????? 2,575,191 |
? |
???????? 2,294,612 |
????????????????????????????? -??? |
???????????? 600,926 |
?SOUTHBOROUGH????????????????? |
???????? 2,581,627 |
????????????????????????????? -??? |
???????????? 430,492 |
? |
?????? 14,736,612 |
????????????????????????????? -??? |
????????? 3,518,892 |
?SOUTHWICK???????????????????? |
????????????????????? -?? |
???????? ?????????????????????-??? |
????????? 1,109,419 |
?SPENCER?????????????????????? |
??????????? 211,971 |
????????????????????????????? -??? |
????????? 2,023,061 |
? |
???? 225,364,023 |
???????? 1,829,496 |
??????? 34,917,280 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 689,449 |
?STOCKBRIDGE?????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 104,544 |
? |
???????? 2,769,263 |
???????? 2,028,958 |
????????? 2,166,441 |
? |
???????? 8,780,857 |
??????????? 103,134 |
????????? 3,260,604 |
? |
????????????????????? -?? |
??????????????? 6,974 |
????????? ???422,148 |
?STURBRIDGE??????????????????? |
???????? 1,078,308 |
????????????????????????????? -??? |
???????????? 761,611 |
? |
???????? 3,502,825 |
??????????? 641,561 |
???????????? 895,816 |
? |
??? ????????843,699 |
????????????????????????????? -??? |
???????????? 485,648 |
?SUTTON??????????????????????? |
???????? 4,751,948 |
????????????????????????????? -??? |
???????????? 774,496 |
?SWAMPSCOTT??????????????????? |
???????? 2,051,980 |
??????????? 352,328 |
????????? 1,025,636 |
? |
???????? 4,075,231 |
????????????????????????????? -??? |
????????? 1,902,642 |
? |
?????? 40,629,887 |
????????????????????????????? -??? |
????????? 8,650,863 |
?TEMPLETON ???????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,216,556 |
? |
?????? 11,930,760 |
????????????????????????????? -??? |
????????? 2,878,070 |
?TISBURY?????????????????????? |
???????? ???300,736 |
????????????????????????????? -??? |
???????????? 102,583 |
?TOLLAND?????????????????????? |
????????????????????? -?? |
??????????????? 9,864 |
???????????????? 7,144 |
?TOPSFIELD???????????????????? |
??????????? 663,179 |
??????????? 253,284 |
??? ?????????420,832 |
?TOWNSEND????????????????????? |
??????????????? 7,561 |
????????????????????????????? -??? |
????????? 1,170,761 |
? |
??????????? 221,477 |
????????????????????????????? -??? |
?????????????? 30,294 |
?TYNGSBOROUGH????????????????? |
???????? 6,567,408 |
????????????????????????????? -??? |
???????????? 940,952 |
?TYRINGHAM???????????????????? |
????????????? 30,874 |
????????????????????????????? -??? |
?????????????? 13,038 |
? |
????????? ??????6,880 |
????????????????????????????? -??? |
???????????? 493,280 |
?UXBRIDGE????????????????????? |
???????? 8,978,422 |
????????????????????????????? -??? |
????????? 1,407,687 |
? |
???????? 4,066,920 |
???????? 1,438,080 |
? ????????2,321,465 |
? |
??????????? 600,096 |
????????????????????????????? -??? |
???????????? 228,904 |
? |
???????? 4,500,224 |
??????????? 883,775 |
????????? 1,888,950 |
? |
???????? 5,965,643 |
???????? 5,458,868 |
????????? 5,384,580 |
?WARE????????????????????????? |
???????? 7,097,968 |
????????????? 15,257 |
????????? 1,686,770 |
? |
?????? 11,226,580 |
????????????????????????????? -??? |
??????? ??2,056,326 |
? |
??????????? 353,720 |
????????????????????????????? -??? |
???????????? 744,853 |
? |
????????????????????? -?? |
????????????? 28,890 |
?????????????? 85,653 |
? |
????????????? 18,553 |
????????????? 23,752 |
?????????????? 67,591 |
? |
???????? 2,500,104 |
???????? 4,427,251 |
????????? 2,985,651 |
?WAYLAND?????????????????????? |
???????? 2,433,825 |
??????????? 280,373 |
???????????? 697,171 |
?WEBSTER?????????????????????? |
???????? 7,399,344 |
????????????? 62,006 |
????????? 2,423,909 |
? |
???????? 3,170,547 |
????????????? 96,838 |
????????? 1,291,447 |
?WELLFLEET???????????????????? |
??????????? 123,912 |
? ????????????????????????????-??? |
?????????????? 61,433 |
?WENDELL?????????????????????? |
????????????????????? -?? |
????????????? 25,534 |
???????????? 136,058 |
?WENHAM??????????????????????? |
????????????????????? -?? |
??????????? 139,794 |
???????????? 324,620 |
?WEST BOYLSTON???????????????? |
???????? 2,604,355 |
????????????? 67,754 |
???????????? 715,509 |
? |
???????? 1,620,336 |
????????????? 47,212 |
???????????? 630,815 |
? |
??????????? 143,754 |
????????????????????????????? -??? |
???????????? 464,842 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 286,681 |
? |
?????? 13,445,170 |
??????????????????????????? ??-??? |
????????? 3,434,216 |
?WEST STOCKBRIDGE????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
???????????? 102,308 |
? |
????????????????????? -?? |
??????????? 182,434 |
?????????????? 35,761 |
?WESTBOROUGH?????????????????? |
???????? 2,766,041 |
??????????? 145,058 |
????????? 1,019,076 |
? |
?????? 29,644,636 |
????????????????????????????? -??? |
????????? 6,086,553 |
?WESTFORD????????????????????? |
?????? 11,305,202 |
???? ???????895,514 |
????????? 1,395,228 |
?WESTHAMPTON?????????????????? |
??????????? 286,065 |
????????????????????????????? -??? |
???????????? 141,055 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
?????????? ??633,434 |
?WESTON??????????????????????? |
???????? 1,480,950 |
????????????????????????????? -??? |
???????????? 389,997 |
? |
???????? 4,035,010 |
????????????????????????????? -??? |
????????? 1,265,913 |
?WESTWOOD????????????? ???????? |
???????? 2,250,702 |
????????????? 36,263 |
???????????? 721,560 |
? |
?????? 19,644,236 |
???????? 2,424,084 |
????????? 7,157,531 |
?WHATELY?????????????????????? |
??????????? 131,053 |
????????????????????????????? -??? |
???????????? 128,172 |
?WHITMAN?????????????????????? |
????????????? 87,102 |
????????????????????????????? -??? |
????????? 2,173,749 |
?WILBRAHAM???????????????????? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,292,027 |
? |
??????????? 359,184 |
????????????????????????????? -??? |
???????????? 310,086 |
?WILLIAMSTOWN????????????????? |
??????????? 900,860 |
????????????????????????????? -??? |
???????????? 965,094 |
? |
??? ?????3,493,483 |
???????? 1,254,452 |
????????? 1,462,136 |
?WINCHENDON??????????????????? |
???????? 9,746,972 |
????????????? 25,366 |
????????? 1,621,395 |
? |
???????? 3,131,321 |
??????????? 344,404 |
????????? 1,259,850 |
? |
????????????? 18,987 |
????????????? 28,020 |
?????????????? 69,318 |
? |
???????? 4,649,575 |
???????? 2,287,531 |
????????? 2,517,404 |
? |
???????? 4,733,853 |
???????? 3,586,952 |
????????? 3,196,439 |
? |
???? 161,059,359 |
?????? 11,809,090 |
??????? 31,677,260 |
? |
????????????? 69,958 |
????????????????????????????? -??? |
???????????? 117,632 |
?WRENTHAM????????????????????? |
???????? 3,446,005 |
???????????????? ?????????????-??? |
???????????? 959,804 |
? |
????????????????????? -?? |
????????????????????????????? -??? |
????????? 1,258,543 |
?Total Aid to?
Regional Schools |
???? 528,917,959 |
|
|
|
|
|
|
?Total |
? 3,288,931,061 |
???? 378,517,988 |
????? 761,378,162 |
|
7061-0008 |
|
?Chapter 70 |
|
3,138,512 |
|
9,630,920 |
|
9,343,785 |
ASHBURNHAM |
8,905,601 |
|
2,477,600 |
ATHOL ROYALSTON????????????? |
16,820,492 |
|
2,672,817 |
|
790,482 |
BLACKSTONE |
10,378,194 |
|
4,881,250 |
|
3,073,959 |
|
19,283,254 |
|
1,792,774 |
|
6,961,382 |
|
1,812,921 |
|
7,747,832 |
|
646,741 |
|
1,482,929 |
DENNIS |
6,323,844 |
DIGHTON REHOBOTH???????????? |
11,331,127 |
|
1,191,754 |
DUDLEY CHARLTON????????????? |
21,174,932 |
|
3,686,222 |
|
375,506 |
|
2,670,649 |
|
6,460,005 |
FRONTIER???????????????????? |
2,650,507 |
GATEWAY????????????????????? |
5,377,752 |
GILL MONTAGUE??????????????? |
5,898,326 |
GREATER |
11,587,076 |
GREATER |
17,354,467 |
GREATER |
17,303,519 |
GREATER |
18,124,740 |
|
9,690,045 |
|
3,164,291 |
HAMPDEN WILBRAHAM??????????? |
9,591,950 |
HAMPSHIRE? ?????????????????? |
2,426,572 |
HAWLEMONT??????????????????? |
613,735 |
KING PHILIP????????????????? |
6,244,524 |
|
1,787,678 |
|
1,375,984 |
MARTHAS VINEYARD???????????? |
2,673,935 |
MASCONOMET?????????????????? |
4,419,317 |
MENDON |
9,708,625 |
MINUTEMAN??????????????????? |
2,078,300 |
MOHAWK TRAIL???????????????? |
5,972,084 |
MONTACHUSETT???????????????? |
8,853,095 |
|
1,666,950 |
NARRAGANSETT???????????????? |
8,750,124 |
NASHOBA????????????????????? |
5,332,823 |
|
1,931,065 |
NAUSET?????????????????????? |
3,212,073 |
|
602,215 |
|
605,728 |
|
19,063,721 |
|
1,440,224 |
|
738,534 |
NORTHBORO SOUTHBORO????????? |
1,700,728 |
NORTHEAST METROPOLITAN?????? |
5,436,446 |
|
3,385,704 |
OLD COLONY?????????????????? |
2,546,991 |
OLD |
1,530,510 |
PATHFINDER?????????????????? |
3,310,654 |
PENTUCKET??????????????????? |
12,362,390 |
PIONEER????????????????????? |
3,857,345 |
QUABBIN????????????????????? |
15,657,112 |
QUABOAG |
7,574,888 |
RALPH C MAHAR??????????????? |
4,365,173 |
|
3,136,057 |
|
5,693,535 |
|
2,167,094 |
|
2,298,687 |
SOUTHEASTERN???????????????? |
9,542,955 |
|
1,733,974 |
|
5,332,331 |
SOUTHWICK TOLLAND |
7,241,643 |
SPENCER |
12,578,370 |
TANTASQUA??????????????????? |
6,707,029 |
|
3,446,914 |
TRITON?????????????????????? |
7,792,908 |
UPISLAND |
787,574 |
|
2,593,253 |
WACHUSETT??????????????????? |
14,580,116 |
WHITMAN HANSON?????????????? |
21,432,182 |
|
4,829,933 |
Regional Total |
528,917,959 |
SECTION 4. Section 51 of chapter 7 of the General Laws is hereby repealed.
SECTION 5. Chapter 75 of the General Laws is hereby amended by adding the following section:-
Section 46. There shall be at the University of Massachusetts at Boston an office of dispute resolution under the supervision and control of a director who shall be appointed by the provost with the approval of the chancellor and concurrence of the board of trustees. The director shall be a person with substantial training and professional experience in dispute resolution, shall maintain complete impartiality with respect to the matters coming before the office of dispute resolution, and shall devote full time to the duties of the office.
The office of dispute resolution shall be available to assist agencies and offices of the executive, legislative, and judicial branches of the commonwealth, as well as any political subdivision or public instrumentality created by the commonwealth or any county, city, or town, hereafter referred to as public agencies, to improve the resolution of disputes that arise within their respective jurisdictions. The office may: (a) facilitate the resolution of disputes through provision of impartial mediation and other dispute resolution services; (b) establish standards for the selection, assignment, and conduct of persons acting on behalf of the office in the resolution of disputes; (c) conduct educational programs and provide other services designed to reduce the occurrence, scope, complexity, or cost of disputes; (d) design, develop, or operate dispute resolution programs or to assist public agencies to improve or extend their existing dispute resolution programs; and (e) take other action to promote and facilitate dispute resolution by public agencies in the commonwealth. The director may establish reasonable fees to be charged to parties, litigants, or public agencies for the provision of the educational, consultation, dispute resolution, or other services authorized herein and may apply for and accept on behalf of the commonwealth any federal, local, or private grants, bequests, gifts, or contributions to aid in the financing of any of the programs or activities of the office. Fees, grants, bequests, gifts, or contributions shall be received by the University of Massachusetts at Boston and deposited in a separate account and shall be expended, without further appropriation, at the direction of the director, with the approval of the provost, for the cost of operation of the office, including personnel. The office may make agreements with public agencies and officers and may contract with other persons, including private agencies, corporations, or associations, to carry out any of the functions and purposes of this section. The office shall annually prepare a report on the activities of the office, including all income and expenditures, and file the report with the house and senate committees on ways and means on or before December 31.
SECTION 6. Section 39C of chapter 112 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- A registered entity shall be considered a retail pharmacy and not a provider of institutional, residential, or long-term care services.
SECTION 7. Section 18 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out subsection (o) and inserting in place thereof the following subsection:-
(o) Within the Uncompensated Care Trust Fund, there shall be established a medical assistance account, administered by the secretary of health and human services, consisting of any funds directed to the commonwealth from public entities and federal reimbursements related to medical assistance payments funded by this account. All amounts credited to this account shall be held in trust and shall be available for expenditure by the secretary to be used for medical assistance payments to entities authorized by the general court, and for which a public entity has contractually agreed to direct funds to the account. Any amount in excess of such medical assistance payments may be credited to the General Fund and the amount of all such expenditures shall be subject to annual approval by the general court. The maximum payments from the account shall not exceed those permissible for federal reimbursement under Title XIX or Title XXI of the Social Security Act or any successor federal law. The comptroller may make payments, including payments during the accounts payable period, in anticipation of revenues, including receivables due and collectibles during the months of July and August, and shall establish procedures for reconciling overpayments or underpayments from the account. Such procedures shall include, but not be limited to, appropriate mechanisms for refunding public funds directed to the account and federal reimbursements upon recoupment of any such overpayments. The executive office of health and human services shall ensure that the division of health care finance and policy is informed regarding revenue and expenditure activity within the account and submit to the secretary of administration and finance and the house and senate committees on ways and means a schedule of such payments 10 days before any expenditures, and no funds shall be expended without an enforceable agreement with or legal obligation imposed upon a public entity to make an intergovernmental transfer in an appropriate amount to the account.
SECTION 8. Chapter 175 of the acts of 1998 is hereby amended by striking out section 25, as amended by section 1 of chapter 172 of the acts of 1999, and inserting in place thereof the following section:-
Section 25. Sections 3A, 20A, and 21A shall take effect on December 31, 2008.
SECTION 9. Chapter 141 of the acts of 2003 is hereby amended by striking out section 79 and inserting in place thereof the following section:-
Section 79. Section 11 shall take effect on December 31, 2008.
Governor returned with recommendation of amendment, see H4231
SECTION 10. Section 10 of chapter 152 of the acts of 1997 is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) In order to increase the marketability of any special obligation bonds described in section 11 and any other bonds issued by the commonwealth which are payable from amounts held in the Convention Center Fund, and thereby ensure the issuance of such bonds at the lowest possible cost to the commonwealth, the special receipts deposited in the Convention Center Fund in accordance with this subsection are hereby impressed with a trust for the benefit of the owners from time to time of such bonds and special receipts shall be applied by the state treasurer without further appropriation to the payment of principal, including sinking fund payments and premium, if any, and interest on such bonds, to the maintenance of, or provisions for, the Capital Reserve Fund described in said section 11, to the payment of the costs of issuance of such bonds and to the payment of the cost of, and the satisfaction of the obligations of the commonwealth under, any surety bond, insurance policy or other form of credit enhancement required or provided for in any trust of security agreement or credit enhancement agreement entered into pursuant to this act to secure such bonds. The state treasurer with the concurrence of the secretary of administration and finance shall determine that sufficient amounts are or will be held in the Convention Center Fund to meet debt service payments and compliance with any applicable restrictions relating thereto including, without limitation, any coverage requirements, contained in any such trust or security agreement or credit enhancement agreement. If the state treasurer and the secretary of administration and finance determine that the balance of the Convention Center Fund exceeds the amount necessary to satisfy the requirement of sufficiency, then the authority may make expenditures from the Convention Center Fund, in an amount not to exceed such surplus, for the following purposes: (i) to pay costs, not exceeding $50,000,000, of the heating, ventilating and air conditioning systems for the project if the authority deems it in the best interest of the authority to fund such costs in whole or in part from amounts held in the Convention Center Fund rather than through a lease or lease-purchase agreement for such systems; (ii) to pay start-up costs, not exceeding $2,000,000, of the project; (iii) to pay costs, not exceeding $2,000,000, of a feasibility study and preliminary engineering program in accordance with section 38N of chapter 190 of the acts of 1982 for a parking garage for the project; (iv) to provide for, and maintain, any reserve for capital and current expenses of the project and other facilities of the authority as the authority shall deem necessary to appropriate, provided that the authority receives written approval from the secretary of administration and finance; (v) to defray the net cost of operations, at an amount not to exceed $17,000,000 in fiscal year 2004 and that same amount in each fiscal year thereafter of the authority as defined in section 35 of said chapter 190.
SECTION 11. Chapter 443 of the acts of 2004 is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance shall convey a certain parcel of state-owned land in the city of Revere to Joseph A. Festa, Jr. and John V. Festa, Trustees of the Festa Towers Irrevocable Trust for parking purposes only.
The parcel of land is located on Revere Beach boulevard and is shown as 19,125 square feet, more or less, and shown as "Map-Block-Parcel-Unit 2-140-004 on a plan of land of Revere, Mass", dated April 3, 2000, and drawn by Albert A. Romano. The exact boundaries of the parcel shall be determined by the commissioner after completion of a survey.
SECTION 12. Notwithstanding any general or special law to the contrary, the executive office of health and human services, pursuant to section 16 of chapter 6A of the General Laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act, and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental services agreements with the University of Massachusetts medical school to perform such activities as the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include: (1) provision of administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities, and similar initiatives; (2) consulting services related to quality assurance, program evaluation and development, integrity and soundness, and project management; and (3) activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability, and recouping payments to third parties. Federal reimbursement for any expenditures made by the University of Massachusetts medical school relative to federally-reimbursable services provided by the University under said interdepartmental service agreements or other contracts with the executive office shall be distributed to said university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall be directed to certify said fees and pay upon the receipt of such revenue, reimbursement, or demonstration of costs avoided; provided, however, that the secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2006. The secretary of health and human services shall submit to the secretary of administration and finance and the house and senate committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel, and the amount of federal reimbursement and recoupment payments that said university was able to collect.
SECTION 13. Notwithstanding any general or special law to the contrary, state agencies and direct and subcontracted providers of health-related services, including purchase-of-service providers financed from appropriation items for any state agency, shall maximize coverage under Title XIX of the Social Security Act and all other federal, state, and private health insurance coverage available to offset costs to the commonwealth. The agencies or providers shall collect information from clients, or from the parent or guardian of a minor receiving services, necessary to determine the extent to which clients may be eligible for medical assistance benefits under chapter 118E of the General Laws or are beneficiaries of any health insurance policy. The agencies or providers shall forward client information collected under this section to the executive office of health and human services and this data shall only be used to match against available databases for the purpose of identifying all sources of potential payment for health services or health insurance coverage. As required or permitted by federal law, the executive office of health and human services shall return the results of any data matches to the originating agency, which shall take the appropriate action to ensure that costs to the commonwealth are minimized. These actions shall include, but not be limited to, the agency or provider billing or re-billing all verified third-party sources. The executive office of administration and finance may grant an agency or provider an exemption from this section for good cause. The executive office of health and human services and the division of procurement within the executive office of administration and finance shall review regulations, contracting forms, service delivery reports, and uniform financial reporting requirements to determine what changes are necessary for the successful implementation of this section.
SECTION 14. Notwithstanding any general or special law to the contrary, the executive office of health and human services may promulgate regulations allowing any dentist participating in the MassHealth program to limit the number of MassHealth patients in his practice in accordance with standards or procedures to be established by the executive office of health and human services.
SECTION 15. Notwithstanding any general or special law to the contrary, the department of mental health, the department of public health, the executive office of health and human services and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low-income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with requirements of Title XIX of the Social Security Act. Appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund, established by section 18 of chapter 118G of the General Laws, for the purpose of making disproportionate share payment adjustments to qualifying mental health and public health facilities under relevant division of health care finance and policy regulations and the Title XIX state plan on file with the centers for Medicare and Medicaid services. The executive office of health and human services, the department of public health and the department of mental health may expend amounts transferred to them from a separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken under this section shall be deposited in the General Fund. The state treasurer and the comptroller shall establish such procedures as may be necessary to effectuate this section, including procedures for the proper accounting and expenditure of funds under this section.
SECTION 16. Notwithstanding any general or special law to the contrary, during fiscal year 2006, the executive office of health and human services shall expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount equal to the actual amount paid for fiscal year 2005 for a program of MassHealth supplemental payments to certain publicly-operated entities providing Title XIX of the Social Security Act reimbursable services, directly or through contracts with hospitals, under an agreement with the executive office, relating to such payments and transfers as established in accordance with said Title XIX or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law and the medicaid state plan. The funds may be expended only for payment obligations arising during fiscal year 2006. The expenditures shall reduce payments from the Uncompensated Care Trust Fund to such entities by an amount comparable to the net revenues received by such entities under this section. The executive office shall notify the house and senate committees on ways and means if the expenditures are rendered ineligible for federal reimbursement. All expenditures made pursuant to this section shall be reported quarterly to the house and senate committees on ways and means. Amounts authorized for expenditure shall be funded in part through intergovernmental transfers to the commonwealth of municipal or other nonfederal public funds. The Boston public health commission and the Cambridge public health commission shall transfer to the medical assistance intergovernmental transfer account an amount equal to 55 per cent of the gross amounts of supplemental payments made by the executive office under managed care contracts with the commissions. An amount equal to 9.09 per cent of the total amount that the Boston and Cambridge public health commissions transfer to the medical assistance intergovernmental transfer account pursuant to this section shall be transferred from the medical assistance intergovernmental transfer account and credited to the Distressed Provider Expendable Trust Fund.
SECTION 17. Notwithstanding any general or special law to the contrary, the executive office of health and human services and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX of the Social Security Act requirements, for low-income care costs of such hospitals. Such appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws. Such appropriate action shall include the establishment or renewal of an interdepartmental services agreement between the executive office and the division which may authorize the division to make deposits into and payments from an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section 18 of said chapter 118G, or authorize the division to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G or funds otherwise made available to said trust fund by the general court, to the executive office for the purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX. The executive office may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division under such interdepartmental services agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care trust fund as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G. Any federal funds obtained as a result of said actions shall be deposited into the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection, and expenditure of funds pursuant to this section.
SECTION 18. Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the office of the state treasurer, the executive office for administration and finance, and the executive office of health and human services, develop a schedule for transferring the unexpended balance from account 4000-0896 in the state accounting system to the Uncompensated Care Trust Fund for the purpose of making revenues available for the administration of the uncompensated care pool, under subsection (d) of section 18 of chapter 118G of the General Laws, and pursuant to the provisions of this act. Said schedule shall make said transfers in increments as deemed appropriate to meet the cash flow needs of the commonwealth and said uncompensated care pool; provided, that said transfers shall not begin before October 1, 2005 and shall be completed on or before June 30, 2006 .
SECTION 19. Notwithstanding any general or special law to the contrary, the comptroller shall transfer on or before October 1, 2005, the greater of $30,000,000 or one-twelfth of the total expenditures to be made to hospitals and community health centers pursuant to this act, from the General Fund to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws, for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2005. Said payments shall be made, without further appropriation, to hospitals prior to and in anticipation of the payment by hospitals of their gross liability to the Uncompensated Care Trust Fund. The comptroller shall transfer from the Uncompensated Care Trust Fund to the General Fund, not later than June 30, 2006, the amount of the transfer authorized herein and any allocation thereof as certified by the commissioner of the division of health care finance and policy.
SECTION 20. Notwithstanding any general or special law to the contrary, during fiscal year 2006, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2006 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et. al., Middlesex Superior Court, No. 95-7378, and 50 per cent of the earnings generated in fiscal year 2006 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2.
SECTION 21. Notwithstanding any general or special law to the contrary, pension benefits funded through item 0612-2000 in fiscal year 2004 shall be funded from the Pension Reserves Investment Trust Fund, established by subdivision (8) of section 22 of chapter 32 of the General Laws. The state treasurer shall report to the house and senate committees on ways and means not later than November 15, 2005, on the benefits funded pursuant to this section. This report shall list the amount of benefits received by each individual through this funding in fiscal year 2005 and the amount of benefits projected to be received by each individual through this funding in fiscal year 2006.
SECTION 22. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following agencies of state government from the transferor agency to the transferee agency, defined as follows:-
(1) the early education and care functions of the department of education, as the transferor agency, to the department of early education and care, as the transferee;
(2) the functions of the office of child care services with regard to licensure or approval and subsidy administration of child care and day care, as presently described in chapter 28A of the General Laws, but excluding the functions listed in clause (3) of this subsection, as the transferor agency, to the department of early education and care, as the transferee; and
(3) the functions of the office of child care services with regard to licensure of adoption or foster care placement agencies or residential group care facilities or temporary shelters, as the transferor agency, to the executive office of health and human services, as the transferee.
(b) Subject to appropriation, those employees to be transferred from each transferor agency, including those who immediately before 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 as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without impairment of seniority, retirement, or other rights of the employee, without reduction in compensation or salary grade, and without separation of service within the meaning of said section 9A of said chapter 30 notwithstanding any change in title or duties resulting from such reorganization, without loss of accrued rights to holidays, sick leave, vacation, and benefits and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation.
(c) 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. The reorganization shall not impair the civil service status of any such reassigned employee who, immediately before the effective date of this act, either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws. Notwithstanding any general or special law to the contrary, all such employees 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. 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.
(d) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun and pending before each transferor agency before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the respective transferee agency.
(e) All orders, rules and regulations duly made and all licenses and approvals duly granted by each transferor agency which are in force immediately before the effective date of this act shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the respective transferee agency.
(f) All books, papers, records, documents, equipment, buildings, facilities, cash, and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency, shall be transferred to the respective transferee agency.
(g) All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.
The Legislature overrode the Governor's disapproval
The Governor has disapproved this item.
SECTION 23. Notwithstanding any general or special law or regulation to the contrary, including section 407 of chapter 149 of the acts of 2004, which is superseded by this section, the executive office of health and human services shall expend, subject to the availability of federal financial participation, an amount not less than $34,984,000 and not more than $40,000,000 from the medical assistance intergovernmental transfer account in the Uncompensated Care Trust Fund and from allowable certified public expenditures made by the city of Quincy for the benefit of Quincy Medical Center hereinafter referred to as the hospital for supplemental Title XIX rate payments to the hospital. The payments shall be established in accordance with Title XIX of the federal Social Security Act or any successor federal statute, any regulations promulgated thereunder, and the commonwealth's title XIX state plan. No payment authorized under this section shall be made to the hospital unless: the hospital has executed the executive office's then-current acute hospital request for applications and contract; the city of Quincy makes an intergovernmental funds transfer of not more than $5.393 million; the hospital agrees that the portion of the payment it receives pursuant to this section that is attributable to the city's intergovernmental funds transfer and the federal matching funds associated with such transfer will, when received by the hospital, not be transferred to any third party other than an agent of the hospital for investment purposes or in the ordinary course of the hospital's providing patient care services; and the hospital repays directly to the commonwealth, rather than to the city of Quincy, the entire amount of the state loan due from the city of Quincy pursuant to chapter 101 of the acts of 1999, as amended by chapter 47 of the acts of 2003. The hospital's repayment of the state loan as provided for in this section shall extinguish the city's obligation to the commonwealth under said chapters 101 and 47. The city's intergovernmental funds transfer and the proceeds of the hospital's repayment of the state loan, as provided for in this section, shall be credited to the medical assistance intergovernmental funds transfer account in the Uncompensated Care Trust Fund and shall be administered in accordance with the provisions of this section and of subsection (o) of section 18 of chapter 118G of the General Laws. Upon the hospital's payment of the state loan, the comptroller shall transfer from said account an amount that is not less than $2,662,200 for payment to a municipality in Essex county to defray the debt resulting from the operation of a former municipally-owned hospital. Upon the hospital's payment of the state loan, the comptroller shall also transfer an amount not less than 30 per cent of the remaining funds made available for payment to a municipality in Essex county to defray the debt resulting from the operation of a former municipally-owned hospital. The hospital's repayment of the state loan, as provided for in this section, and the division's making the supplemental payments authorized by this section may occur simultaneously. Any federal funds received by the commonwealth as a result of supplemental payments made to the hospital through certified public expenditures of the city of Quincy shall be dedicated for a payment to the city of Quincy.
SECTION 24. Notwithstanding any general or special law to the contrary, for fiscal years 2006 and thereafter, the total amount allocated for distribution to cities and towns pursuant to section 35 of chapter 10 of the General Laws shall be the sum of the amount distributed in fiscal year 2005 and: (i) in fiscal year 2006, 45 per cent of the difference between the fiscal year 2005 distribution and the amount that would otherwise be payable; (ii) in fiscal year 2007, 65 per cent of the difference between the fiscal year 2005 distribution and the amount that would otherwise be payable; (iii) in fiscal year 2008, 85 per cent of the difference between the 2005 distribution and the amount that would otherwise be payable. For fiscal year 2009 and thereafter the distribution of lottery proceeds shall be determined pursuant to section 35 of chapter 10 of the General Laws.
SECTION 25. (a) Notwithstanding any general or special law to the contrary, the University of Massachusetts system and the president of the university shall retain all tuition for out-of-state students at the Amherst campus only and the board of trustees for the University of Massachusetts shall promulgate regulations to allow the administration of the Amherst campus to retain all tuition paid by students who are not residents of Massachusetts. The regulations shall ensure that no resident of Massachusetts is denied admission to the Amherst campus as a result of the tuition retention program.
(b) All out-of-state tuition and fees received by the board of trustees at the Massachusetts College of Liberal Arts shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board may direct. The board shall ensure that no resident of Massachusetts is denied admission to the college as a result of the tuition retention program. Any balance in the trust fund or funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(c) All tuition and fees received by the board of trustees at the Massachusetts College of Art shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board may direct. Any balance in the trust fund or funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(d) All tuition and fees received by the board of trustees at the Massachusetts Maritime Academy shall be retained by the board of trustees of that institution in a revolving trust fund or funds and shall be expended as the board may direct. Any balance in the trust fund or funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
(e) Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the respective boards of trustees for the University of Massachusetts at Amherst, the Massachusetts College of Art, the Massachusetts College of Liberal Arts and the Massachusetts Maritime Academy, as a direct result of the implementation of this section.
(f) The respective boards of trustees for the University of Massachusetts at Amherst, the Massachusetts College of Art, the Massachusetts College of Liberal Arts and the Massachusetts Maritime Academy shall each issue a report on the progress of this initiative no later than February 1 of each year to the house and senate chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means and the executive office of administration and finance. The report shall include the number of out-of-state students attending the school, the amount of tuition revenue retained under the program and any programs or initiatives funded with the retained revenue.
SECTION 26. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2006, the division of health care finance and policy may administer, as provided in this section, the Uncompensated Care Trust Fund, established by section 18 of chapter 118G of the General Laws, to collect assessments as specified in this section for deposit to the fund, and to make certain payments to acute hospitals and community health centers from the uncompensated care pool to offset the costs of services provided to uninsured or low income residents. The division and the executive office of health and human services may promulgate regulations to implement this section.
The division, in consultation with the executive office, shall ensure that assessment liability to the fund and payments from the uncompensated care pool are structured in a manner to secure for the General Fund the maximum allowable federal reimbursement under Title XIX, XXI, or any successor federal law.
In hospital fiscal year 2006, the total liability of all acute care hospitals to the fund shall be $160,000,000. The division shall calculate an assessment percentage rate by dividing $160,000,000 by the projected annual aggregate private sector charges in the fiscal year for all acute care hospitals. Each acute care hospital's liability to the fund shall be equal to the product of the percentage rate and its private sector charges.
In hospital fiscal year 2006, the total surcharge liability of surcharge payers to the Uncompensated Care Trust Fund shall be $160,000,000. The surcharge amount for each surcharge payer shall be equal to the product of:- (a) the surcharge percentage, and (b) amounts paid for services of an acute hospital or ambulatory surgical center by each surcharge payer. The division shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate payments subject to surcharge, as the term "payment subject to surcharge" is defined in said section 1 of said chapter 118G.
All Title XIX federal financial participation revenue generated by hospital payments funded by the Uncompensated Care Trust Fund, whether the payments are made by the division or the executive office, shall be credited to the General Fund, except that $7,349,850 shall be deposited in the Distressed Provider Expendable Trust Fund.
All hospital payments made pursuant to this section shall be subject to federal approval and conditioned on the receipt of full federal financial participation. All such payments shall be established in accordance with Title XIX of the Social Security Act, or any successor federal law, any regulations promulgated thereunder, and the commonwealth's Title XIX state plan.
The division shall calculate an annual payment liability from the uncompensated care pool to each acute care hospital for fiscal year 2006. In determining the liability amount, the division shall:
(a)(1) calculate each hospital's actual free care cost for the 12-month period from October 1, 2003, to September 30, 2004, inclusive, by using each hospital's actual submitted free care charges to the division on the UC-04 times its ratio of costs to charges for pool fiscal year 2004;
(2) project each hospital's free care costs above for pool fiscal year 2005 by using a cost growth factor of 7.6 per cent;
(3) project each hospital's total free care costs for pool fiscal year 2006 by multiplying each hospital's pool fiscal year 2005 projected free care costs from subclause (2) by a cost growth factor of 7.6 per cent; and
(4) take into account such factors as the financial burden of hospitals that provide proportionately the largest volume of free care and the situation of any free-standing pediatric hospital with a disproportionately low volume of Title XVIII payments; and
(b) allocate the available funds in a manner that pays to each hospital a fixed percentage of its projected free care costs for hospital fiscal year 2006, as determined by the division using prior year data and considering the total funds available for the purpose. This fixed percentage shall not be less than 85 per cent of free care costs, as defined in said section 1 of said chapter 118G, for the 2 disproportionate share hospitals with the highest relative volume of free care costs in hospital fiscal year 2003, and not less than 88 per cent of free care costs, as defined in said section 1 of said chapter 118G, for the 14 acute hospitals with the next-highest relative volume of free care costs in that year. In order to identify these 16 hospitals, the division shall rank all hospitals based on the percentage of each hospital's free care costs divided by the total free care costs of all hospitals in the commonwealth. All other acute care hospitals shall receive the highest possible percentage of free care costs given available remaining funds. The hospital fiscal year 2006 annual liability amount to each hospital shall be funded by the trust fund. This liability may be satisfied through either a disproportionate share payment or an adjustment to Title XIX service rate adjustment payment, or a combination thereof, in accordance with the terms provided for in an agreement entered into by an acute care hospital and the executive office. The comptroller, in consultation with the division and the executive office, shall transfer funds from the trust fund to the executive office for the purpose of the Title XIX service rate adjustment payments.
The executive office may use other federally-permissible funding mechanisms available for publicly-operated hospitals and hospitals with an affiliation with a publicly-operated health care entity to reimburse up to $70,000,000 of uncompensated care costs at the hospitals using sources distinct from the funding made available to the trust fund under this section.
The executive office shall make payments from the uncompensated care pool for services provided by community health centers to low income residents. The executive office shall structure such payments to maximize allowable federal reimbursement under Title XIX. Pursuant to section 117 of chapter 140 of the acts of 2003, all Title XIX federal financial participation revenue generated by community health center payments funded by the Uncompensated Care Trust Fund, whether the payments are made by the division or the executive office, shall be retained in a separate account within the Uncompensated Care Trust Fund and expended, without further appropriation, for uncompensated care pool payments to community health centers, in addition to the amount specified in the following paragraph.
In hospital fiscal year 2006, $466,000,000 from the trust fund shall be credited to the uncompensated care pool for payments to acute hospitals provided for in this section. In addition to the federal financial participation to be retained in, and expended from, the trust fund for community health centers pursuant to the preceding paragraph, $56,000,000 from the trust fund shall be credited to the pool for payments to community health centers provided for in this section and $4,000,000 shall be credited for administrative expenses, including demonstration projects pursuant to sections 21 and 22 of chapter 47 of the acts of 1997, as amended by sections 156, 157, and 158 of chapter 184 of the acts of 2002.
In hospital fiscal year 2006, the office of the inspector general is hereby authorized to continue to expend funds appropriated in chapter 240 of the acts of 2004 from the Uncompensated Care Trust Fund for the costs associated with maintaining a pool audit unit within said office. The unit shall continue to oversee and examine the practices in emergency rooms of all Massachusetts' hospitals concerning the care of the uninsured and the resulting free care charges. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2006. For the purposes of the audits, allowable free care services shall be as provided in chapter 118G of the General Laws and any applicable regulations.
SECTION 27. Notwithstanding any general or special law to the contrary, beginning January 1, 2006, in addition to the eligibility requirements set forth in section 39 of chapter 19A of the General Laws, to be considered eligible for the subsidized catastrophic prescription drug insurance program, hereinafter referred to as the "prescription advantage program", individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program shall also be enrolled in a Medicare Part D plan, or in a Medicare Advantage plan if that plan provides prescription drug benefits equivalent to or better than Medicare Part D. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program, who may qualify for the low-income subsidy under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, hereinafter referred to as "MMA", Subpart P - Premiums and cost-sharing subsidies for low-income individuals shall apply for those subsidies. To the extent permitted by MMA and regulations promulgated thereunder and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare Part D plan or for the low-income subsidy provided under MMA and receive information about the member's Medicare eligibility and enrollment status necessary for the operation of the prescription advantage program.
Beginning January 1, 2006, for enrollees who qualify for Medicare Part D, the prescription advantage program shall provide a supplemental source of financial assistance for prescription drug costs, hereinafter referred to as "supplemental assistance" in lieu of the catastrophic prescription drug coverage provided in said section 39 of said chapter 19A. The prescription advantage program shall provide supplemental assistance for premiums, deductibles, payments and co-payments required by the Part D plan or Medicare Advantage plan. The department of elder affairs shall establish the amount of the supplemental assistance it will provide enrollees based on a sliding income scale and the coverage provided by the enrollees' Part D or Medicare Advantage plan. Residents of the commonwealth who are not eligible for Medicare will continue to be eligible for the prescription advantage program pursuant to said section 39 of chapter 19A. The executive office of elder affairs shall report quarterly, beginning not later than September 30, 2005, to the chairs of the house and senate committees on ways and means, the joint committee on health care financing and the joint committee on elder affairs on the number of prescription advantage members by income categories; the prescription advantage costs to date; the projected prescription advantage costs for the remainder of the fiscal year; and the prescription advantage members' out-of-pocket costs for formulary and nonformulary drugs. In addition, beginning March, 2006, the executive office shall also report the number of prescription advantage members enrolled in a Part D plan; the names of the Part D plans in which the members are enrolled, including the number of members enrolled in each; and the cost savings to prescription advantage specifically related to Part D involvement.
SECTION 28. Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the office of the state treasurer, the executive office for administration and finance, and the executive office of health and human services, develop a schedule for making a series of transfers not to exceed $171,900,000 from the General Fund to the Uncompensated Care Trust Fund for the purpose of making revenues available for the administration of the uncompensated care pool, established under subsection (d) of section 18 of chapter 118G of the General Laws, as appearing in the 2002 Official Edition. Said schedule shall make said transfers in increments as deemed appropriate to meet the cash flow needs of the commonwealth and said uncompensated care pool; provided, that said transfers shall not begin before October 1, 2005 and shall be completed on or before June 30, 2006 .
SECTION 29. Notwithstanding any general or special law to the contrary, in fiscal year 2006, the division of health care finance and policy, referred to in this section as the division, shall establish nursing facility Medicaid rates, payable out of the Health Care Quality Improvement Trust Fund, established under section 2EEE of chapter 29 of the General Laws, effective July 1, 2005 through June 30, 2006 that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002, as mandated under section 1 of chapter 42 of the acts of 2003. The division shall adjust per diem rates to reflect any reductions in Medicaid utilization. Payments from the fund shall be allocated in the following manner in fiscal year 2006:
(1) effective July 1, 2005, an annual amount of $99,000,000 in the aggregate to fund the use of 2000 base year cost information for rate determination purposes; provided, that $9,000,000 of this amount shall be expended for purposes of reimbursing nursing facilities for up to 10 bed hold days for patients of the facility on medical and non-medical leaves of absence;
(2) effective July 1, 2005 , an annual amount of $122,500,000 for enhanced payment rates to nursing homes;
(3) effective July 1, 2005 , an annual amount of $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes. As a condition for such rate add-on, the division of health care finance and policy shall require that each nursing home document to the division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. A facility's direct care staff shall include all nursing personnel including registered nurses, licensed practical nurses, and certified nurses' aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. In monitoring compliance for this rate add-on, the division's regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions, including, but not limited to, rate reductions imposed on or after October 1, 2002. The expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the executive office of health and human services. In implementing this section, the division shall consult with the Nursing Home Advisory Council;
(4) effective July 1, 2005, an annual amount of $17,000,000 to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by said executive office, in consultation with the division of health care finance and policy, that meet quality standards established by the executive office of health and human services in conjunction with the department of public health and the division of health care finance and policy for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes, and to fund rate adjustments to eligible nursing homes that meet utilization standards established by the executive office of health and human services in consultation with the division of health care finance and policy for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing home residents of non-institutional settings and to the extent that the annual amount of $17 million in this paragraph is not fully allocated, the division shall first provide operating or capital rate adjustments for publicly operated, urban and/or geographically isolated nursing homes;
(5) $300,000 for the purposes of an audit of funds distributed under clause (3). The division of health care finance and policy, in consultation with the department of public health and with the assistance of the executive office of health and human services, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of clause (3), including but not limited to recoupment, assessment of fines or interest. The division shall report to the house and senate committees on ways and means not later than October 1, 2006 a preliminary analysis of funds expended under this subsection in fiscal year 2006 and a description and timeline for auditing of these funds;
(6) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of section 25 of chapter 118G of the General Laws; and
(7) an amount sufficient to implement section 622 of chapter 151 of the acts of 1996;
The comptroller shall transfer from the Health Care Security Trust Fund to the Health Care Quality Improvement Trust Fund on the first business day of each quarter, the amount indicated by the division of health care finance and policy and the executive office of health and human services to provide the appropriate rate increases to nursing homes; and provided further, that any additional funds that may become available in the Health Care Quality Improvement Trust Fund due to decreased Medicaid utilization shall first fund a per-diem rate add-on for large Medicaid providers as specified in 114.2 CMR 6.06 (10) (a), as in effect on September 1, 2003 and then fund further enhanced rates to nursing homes.
Governor returned with recommendation of amendment, see H4231
SECTION 30. Notwithstanding any general or special law to the contrary, on or before June 30, 2006, the comptroller shall transfer $600,000,000 from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund.
SECTION 31. Notwithstanding any general or special law to the contrary, in fiscal year 2006, expenditures from the Distressed Provider Expendable Trust Fund, established by chapter 241 of the acts of 2004, shall be dedicated to efforts that are designed to improve and enhance the ability of distressed community providers to serve populations in need more efficiently and effectively, including, but not limited to, the ability to provide community-based care, clinical support and care coordination services, pharmacy management services, or other efforts to create effective coordination between hospital care and ambulatory care sites in the community. The secretary of health and human services shall develop emergency regulations governing the recommended uses of the fund in partnership with the Massachusetts League of Community Health Centers and the Massachusetts Hospital Association. The secretary shall provide a $1,000,000 one-time grant from the fund for a specialty hospital located in Suffolk county which provides diagnosis and treatment of the eyes, ears, nose and throat. The secretary shall provide a $1,000,000 one-time grant from the fund for a sole community hospital located in the city of Gardner providing essential community health services and access to care for low-income population in northern Worcester county. The secretary shall provide a $750,000 one-time grant from the fund for a teaching hospital located in central Berkshire county. The secretary shall provide a $500,000 one-time grant from the fund for a not-for-profit acute care hospital located in the northwestern-most portion of Berkshire county. The secretary shall provide a $100,000 one-time grant from the fund for a community health center located in the city of Lynn providing health care to medically underserved and uninsured patients and which provides a 340B pharmacy program. The secretary shall provide a $500,000 one-time grant from the fund for the Lowell Community Health Center. The secretary shall provide a $285,000 one-time grant from the fund for a community, nonprofit, acute care regional teaching hospital located in Worcester county affiliated with the University of Massachusetts Memorial Health Care System . The secretary shall provide a $511,000 one-time grant from the fund for a nonprofit, disproportionate share, community, acute care hospital with less than 115 beds that operates an inpatient psychiatric unit licensed by the department of mental health located in southern Worcester county affiliated with the University of Massachusetts Memorial Health Care System . The secretary shall provide a $600,000 one-time grant from the fund for Hubbard Regional hospital. The secretary shall provide a $750,000 one-time grant for Franklin Medical Center in the town of Greenfield. The secretary shall provide a $3,000,000 one-time grant from the fund for a teaching hospital in Hampden County with high medicaid utilization. The secretary shall provide a $400,000 one-time grant from the fund for a community health center located in the South Boston section of the city of Boston which operates an urgent care center and which is affiliated with the disproportionate share teaching hospital in Suffolk county with the highest volume of free care. The secretary shall provide a $350,000 one-time grant from the fund for a community health center located in the Codman square neighborhood of the Dorchester section of the city of Boston providing health care to medically underserved patients in Dorchester that has formed an integrated health services network to provide access to primary and preventive public health services. The secretary shall provide a $350,000 one-time grant from the fund for a community health center located near the Fields Corner neighborhood of Dorchester , on Dorchester avenue , providing health care to medically underserved patients in Dorchester , that has formed an integrated health services network to provide access to primary and preventive public health services. The secretary shall provide a $400,000 one-time grant from the fund for a community health center with at least 3 sites serving the medically underserved areas of Dorchester and South Boston, including at least 1 public housing project. The secretary shall provide a $5,500,000 one-time grant from the fund for a disproportionate share, financially distressed community hospital located in Suffolk county with a locked inpatient adolescent psychiatric unit that participates in the MassHealth program. The secretary shall provide a $200,000 one-time grant from the fund to a community health center serving the towns of the Outer and Lower Cape in Barnstable County for the purpose of developing a 340B pharmacy program. The secretary shall provide a $750,000 one-time grant from the fund for a sole community hospital under the Medicare program located in Barnstable County. The secretary shall provide a $300,000 one-time grant from the fund to a community health center serving the full range of the underserved populations throughout the mid-Cape area. The secretary shall provide a $1,000,000 one-time grant from the fund for Wing Memorial Hospital in the town of Palmer. The secretary shall provide a $1,000,000 one-time grant from the fund for Mary Lane Hospital in the town of Ware. The secretary shall provide a $4,000,000 one-time grant from the fund for statewide providers with the service area of the Sisters of Providence Health System and Providence Behavioral Health Hospital. The secretary shall provide a $750,000 one-time grant from the fund for a hospital located in Hampden county, west of the Connecticut river with under 100 beds that participates in MassHealth. The secretary shall provide a $3,250,000 one-time grant from the fund for an acute care hospital in the city of Holyoke that is affiliated with a commonwealth-owned university medical school and that provides clinical training programs for nurses, allied health professionals and technicians through affiliations with community colleges and private universities. The secretary shall provide a $950,000 one-time grant from the fund to a disproportionate share, acute care hospital located in the southeastern Massachusetts division of the medical assistance psychiatric service area that operates an inpatient psychiatric unit within the city of Brockton. The secretary shall provide a $500,000 one-time grant from the fund for a community health center that serves as a family practice residency training site for a commonwealth-funded medical school and that assumed the primary care services of the former Worcester City Hospital. The secretary shall provide a $750,000 one-time grant from the fund for a nonprofit visiting nurse association located in the city of Boston that delivers at least 30 per cent of all MassHealth reimbursed skilled nursing visits and at least 50 per cent of all MassHealth reimbursed home health aide services in Suffolk county. The secretary shall provide a $300,000 one-time grant from the fund to inpatient behavioral health providers under contract with MassHealth's managed care contractors for mental health and substance abuse for costs associated with providing care to stuck kids. The secretary shall provide a $500,000 one-time grant from the fund for an acute care hospital serving the Melrose and Wakefield communities that operates a family health services clinic. The secretary shall provide a $500,000 one-time grant from the fund for an acute care hospital located in the city of Gloucester that is part of a health care system. The secretary shall provide a $750,000 one-time grant for a non-teaching, community, disproportionate share, acute care hospital located in southeastern Massachusetts which provides inpatient care to over 5,000 MassHealth or MassHealth HMO patients per year. The secretary shall provide a $500,000 one-time grant from the fund for a pediatric unit of an acute care hospital in Suffolk county in which the ratio of licensed pediatric beds to total licensed hospital beds shall exceed 0.20. The secretary shall provide a $250,000 one-time grant from the fund to a not-for-profit, long-term acute care hospital located in the Roxbury section of the city of Boston. The secretary shall provide a $200,000 one-time grant from the fund for Dimock Community Health Center located in the Egleston Square neighborhood in Roxbury for health care and traditional housing to medically underserved patients from the Roxbury, Dorchester and Jamaica Plain sections of the city of Boston. The secretary shall provide a $400,000 one-time grant from the fund for a community health center located in the South End section of the city of Boston which is the largest provider of community based mental-health services and serves significant homeless and latino populations. The secretary shall provide a $200,000 one-time grant from the fund for Whittier Street Community Health Center in Roxbury for adult and child behavioral health services to the homeless, immigrant and refugee populations. The secretary shall provide a $1,000,000 one-time grant from the fund for a pediatric rehabilitation hospital located in Suffolk county. The secretary shall provide a $2,000,000 one-time grant from the fund to a disproportionate share hospital provider located in the county formerly known as Essex county that has a family practice residency program in partnership with a federally qualified community health center, which program enhances the coordination of cost-effective care delivery in ambulatory settings and at the hospital to underserved populations. The secretary shall provide a $3,500,000 one-time grant from the fund for a community health center located in the East Boston section of the city of Boston which operates both a PACE program and a 340B pharmacy program. The secretary shall provide a $500,000 one-time grant for the North Shore Medical Center. The secretary shall provide a $1,000,000 one-time grant from the fund for a disproportionate share teaching hospital in Worcester county for emergency mental health services. The secretary shall provide a $250,000 one-time grant from the fund for a community health center in the North End section of the city of Boston. The secretary shall provide a $500,000 one-time grant from the fund for a health care center located in the city of Revere and affiliated with Massachusetts General Hospital. The secretary shall provide a $500,000 one-time grant for Waltham Community Health Center. The secretary shall provide a $500,000 one-time grant from the fund for a hospital located in the City of Everett. The secretary shall provide a $150,000 one-time grant from the fund for a nonprofit, acute care community hospital located in Middlesex County that serves a 25 town area extending northwest of Boston to the New Hampshire border. The secretary shall provide a $300,000 one-time grant from the fund for a community hospital with geriatric psychiatry beds providing essential community health services located in the town of Clinton. The secretary shall provide a $200,000 one-time grant from the fund for an acute care hospital located in Winchester that is the number one provider of acute and emergency services to the city of Woburn. The secretary shall provide a $200,000 one-time grant from said fund to a non-acute chronic hospital located in Hampden County, east of the Connecticut River, with less than 200 beds, that participates in MassHealth. The secretary shall provide a $200,000 one-time grant from the fund for a community health center located on Bowdoin Street in the Dorchester neighborhood. The secretary shall provide a $200,000 one-time grant from the fund for a community health center serving a disadvantaged population in the neighborhood of Mattapan. The secretary shall provide a $100,000 one time grant for a community health center serving a disadvantaged, multi-lingual population in the Uphams Corner neighborhood in Dorchester. The secretary shall provide a $100,000 one-time grant from the fund to Fenway Community Health Center located in the Fenway section of the City of Boston which provides health care to gay and lesbian populations. The secretary shall provide a $100,000 one-time grant from the fund to South Cove Community Health Center located in the Chinatown section of the City of Boston which provides health care to immigrant and linguistically diverse populations. The secretary shall provide a $300,000 one-time grant from the fund for Milton Hospital. The secretary shall provide a $300,000 one-time grant from the fund shall be directed to a community hospital located in Northern Bristol County with a Medicare/Medicaid and low-income uninsured patient mix exceeding 50 per cent that provides at least 50,000 emergency room visits per annum and is the largest provider of Medicaid obstetric services in the region. The secretary shall provide a $300,000 one-time grant from the fund for Great Brook Valley Health Center in Worcester. The secretary shall provide a $600,000 one-time grant from the fund for a community hospital located in Norfolk county with an affiliation with a disproportionate share financially distressed community hospital located in Suffolk County with a locked inpatient adolescent psychiatric unit. The secretary shall file a report not later than November 1, 2005 to the speaker of the house of representatives, the president of the senate and to the house and senate committees on ways and means outlining the providers to be funded during fiscal year 2006 from the fund, the amount expended or to be expended for each provider under this section and the extent to which any portion of the expenditures are eligible for federal reimbursement. Any federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the fund.
SECTION 32. The amounts transferred pursuant to section 5B of chapter 29 of the General Laws shall be made available for the commonwealth's Pension Liability Fund established under section 22 of chapter 32 of the General Laws. The amounts transferred pursuant to said section 5B of said chapter 29 shall meet the commonwealth's obligations under section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to section 102 of said chapter 32, and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. Subject to the rules and regulations promulgated by the treasurer, the state retirement board and each city, town, county and district shall verify the cost thereof and the treasurer may make such payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers and including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to subsection (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this item shall be made only pursuant to distribution of monies from the fund, and any such distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the commissioner of administration with the house and senate committees on ways and means and the joint committee on public service in advance of such distribution. Such distributions shall not be made in advance of the date on which a payment is actually to be made. The state retirement board may expend an amount for the purposes of the higher education coordinating council's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to section 5B of said chapter 29 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded pension liability of the commonwealth.
SECTION 33. (a) Upon the request of the board of selectmen in a town, the city council in a plan E city or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws in the fiscal year ending June 30, 2006. Based on the criteria in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of education.
(b) A city or town that used qualifying revenue amounts in a fiscal year which will not be available for use in the next fiscal year, or that will be required to use revenues for extraordinary non school-related expenses for which it did not have to use revenues in the preceding fiscal year, or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor, may appeal to the department of revenue not later than October 1, 2005 for an adjustment of its minimum required local contribution and net school spending.
(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending on June 30, 2006 shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.
(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.
(e) The board of selectmen in a town, the city council in a plan E city, the mayor in any other city, or a majority of the member municipalities of a regional school district, which used qualifying revenue amounts in a fiscal year that will not be available for use in the next fiscal year, may appeal to the department of revenue not later than October 1, 2005 for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.
(f) If the regional school budget has already been adopted by 2/3 of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with this section.
(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined under this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.
(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized under this section.
(i) The amount of financial assistance due from the commonwealth in fiscal year 2006 under chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution under this section.
(j) The department of revenue and the department of education shall issue guidelines for their respective duties under this section.
SECTION 34. Notwithstanding any general or special law to the contrary, the formula provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2006.
SECTION 35. There shall be a pilot program operated by the Barnstable county sheriff to determine the effectiveness of proposed improvements to the regional uniform protocol for sex offender management. Any individual who has been adjudicated as a sex offender, is being released from a department of correction facility or a house of correction, and intends to reside in Barnstable county must register with the sex offender registry board 120 days before his release and declare the municipality in which he plans to reside. The department of correction facility or house of correction releasing the sex offender shall require that he be transferred to the house of correction in Barnstable county 30 days before his release. One critical objective of the pilot program shall be to insure, through the expanded use of regional hearing officers, that all sex offenders being released into Barnstable county municipalities are registered and classified before they are released from custody. The sex offender registry board, in consultation with the Barnstable county sheriff, shall expand the use of regional hearing officers in Barnstable county to insure the registration and classification of sex offenders before their release from custody. In registering, sex offenders must disclose their primary and any secondary post-release addresses.
This pilot program shall operate until June 30, 2006.
SECTION 36. There shall be a special commission on the future of the metropolitan beaches under the jurisdiction of the department of conservation and recreation. The commission shall review the effectiveness of the department's "Back to the Beaches" program and shall undertake a comprehensive study examining the existing maintenance, operational and infrastructure needs for those beaches, including, but not limited to, any security and capital-intensive repairs necessary to ensure future recreational use of those beaches. The commission shall also examine best management practices and funding alternatives for each beach, including, but not limited to, public-private partnerships, non-profit entities or other financial means that shall ensure access, quality recreational activities, programming, and improved water quality and beautification efforts at any of those beaches. Said commission shall also analyze and make recommendations on alternatives and methods to improve access from metropolitan beaches to the Boston harbor islands.
For the purposes of this section, the beaches shall include, but not be limited to: Malibu beach, Constitution beach, Carson beach, City Point beach, M. Street beach, Pleasure Bay, Savin Hill beach, and Tenean beach in the city of Boston; Nantasket beach in Hull; Nahant beach in the town of Nahant; Winthrop beach in the town of Winthrop; Wollaston beach, Pleasure Bay, and Squantum Point park in the city of Quincy; Revere beach and Short beach in the city of Revere; and Red Rock park and Lynn beach in the city of Lynn.
The commission shall consist of 3 members of the house of representatives appointed by the speaker of the house, 1 of whom shall be the house minority leader or his designee and 1 of whom shall be appointed co-chair of the committee; 3 members of the senate appointed by the senate president, 1 of whom shall be the senate minority leader or his designee and 1 of whom shall be appointed co-chair of the committee; 1 member appointed by the secretary of the executive office of environmental affairs or the secretary's designee; 1 member appointed by the commissioner of the department of conservation and recreation or the commissioner's designee; 2 members appointed by the mayor of the city of Boston, of whom each shall be a resident of the East Boston section of the city of Boston, a resident of the Dorchester section of the city of Boston or a resident of the South Boston section of the city of Boston; 6 members who are appointed by the chief executives or board of selectmen from the cities and towns of Hull, Nahant, Quincy, Revere, Lynn, and Winthrop; 1 member appointed by the Boston Foundation; 1 member appointed by the Greater Boston Chamber of Commerce; and 1 member appointed by the Boston University School of Public Management.
In carrying out the study, the commission shall hold hearings within close proximity to Boston harbor beaches to solicit testimony from interested stakeholders, including but not limited to: the executive office of environmental affairs, the department of conservation and recreation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the Boston Harbor Association, the Boston Harbor Islands Alliance, Save The Harbor/Save The Bay, local municipalities, non-profit organizations, friends' groups, and business and community leaders.
The chairs of the commission may expend funds from item 9700-0020 for the following purposes: to hire a coordinator for the work of the commission, to hire consultants to examine existing resources and to assist with public hearings and planning efforts, to research best practices in the commonwealth and other states, and other such services as the chairs find necessary to conduct this study.
The commission shall submit a report containing its recommendations by filing said report with the clerks of the senate and house of representatives, and the senate and house committees on ways and means not later than April 30, 2006 .
SECTION 37. There shall be a special commission to study the production of cable television coverage of legislative sessions, committee hearings, and other legislative and administration proceedings. The commission shall consist of 3 members to be appointed by the governor, 1 of whom shall have expertise in the cable television industry, and 1 of whom shall be an attorney; 2 members to be appointed by the senate president; 1 member to be appointed by the senate minority leader; 2 members to be appointed by the speaker of the house of representatives; and 1 member to be appointed by the minority leader of the house of representatives. The commission shall submit a report and recommendations to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight by November 1, 2005, which report shall include, but not be limited to, the following: (1) the possibility of arranging for television coverage of state legislative proceedings similar to federal coverage available on C-Span, (2) the cost, if any, to the commonwealth of such an arrangement, (3) potential revenue options to pay for the cost of providing coverage, (4) estimated viewer demand, including analysis of demand by region, for such coverage, and ( 5) recommendations for appropriate measures to arrange for such coverage.
SECTION 38. This act shall take effect as of July 1, 2005.