Bill S.2470

SENATE DOCKET, NO. 2616 FILED ON: 6/9/2010

SENATE . . . . . . . . . . . . . . No. 2470

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Ten

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An Act Text of the Senate amendments to the House Bill making appropriations for the fiscal year 2011 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 (House, No. 4601).

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, 2E and 3, for the several purposes and subject to the conditions specified in sections 2, 2B, 2D, 2E 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, 2011. 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.

SECTION 1A. In accordance with Articles LXIII and CVII of the Articles of Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the General Laws, it is hereby declared that the amounts of revenue set forth in this section by source for the respective funds of the commonwealth for the fiscal year ending June 30, 2011 are necessary and sufficient to provide the means to defray the appropriations and expenditures from such funds for said fiscal year as set forth and authorized in sections 2, 2B and 2E. The comptroller shall keep a distinct account of actual receipts from each such source by each such fund 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 the projected receipts set forth herein and to include a full statement comparing such actual and projected receipts in the annual report for said fiscal year pursuant to section 13 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.

Fiscal Year 2011 Revenue by Source and Budgeted Fund (in Millions)

Source

All Budgeted Funds*

General Fund

Commonwealth Transportation Fund

Substance Abuse Treatment and Prevention Fund

Other**

Alcohol. Bev.

$71.6

$0.0

Cigarettes

$484.0

$0.0

Corporations

$1,371.9

$0.0

Deeds

$113.7

$0.0

Estate Inheritance

$205.0

$0.0

Financial Institutions

$193.8

$0.0

Income

$10,629.7

$0.0

Insurance

$326.2

$0.0

Motor Fuels

$663.6

$0.0

$662.7

$0.0

$0.9

Public Utilities

$27.9

$0.0

Room Occupancy

$100.0

$65.0

$0.0

$35.0

Sales-Regular

$3,443.4

$3,118.3

$212.1

$113.0

$0.0

Sales-Meals

$790.1

$741.4

$48.7

$0.0

Sales-Motor Vehicles

$583.7

$547.1

$36.0

$0.0

Miscellaneous

$25.2

$0.0

UI Surcharges

$20.2

$0.0

$20.2

Total Consensus Tax Revenues:

$19,050.0

$17,921.0

$959.5

$113.0

$56.1

Transfer to School Modernization and Reconstruction Trust (SMART) Fund

-$644.3

Transfer to MBTA State and Local Contribution Fund

-$767.1

Transfer to Pension Reserves Investment Trust Fund

-$1,441.8

Total Consensus Tax Revenue for Budget:

$16,196.8

$15,067.8

$959.5

$112.0

$56.1

Revenue Changes

Administrative Provisions to Facilitate Tax Collections

$30.5

$0.0

Massachusetts Life Science Tax Credit Cap

$5.0

$0.0

Total Taxes Available for Budget:

$16,232.3

$15,103.3

$959.5

$113.0

$56.1

Non-Tax Revenue

Federal Reimbursements

$8,938.3

$8,931.5

$0.0

$6.8

Departmental Revenue

$2,785.2

$2,273.0

$501.1

$0.0

$11.1

Consolidated Transfers

$1,891.1

$1,893.2

$0.0

-$2.2

GRAND TOTAL

$29,846.9

$28,201.0

$1,460.6

$113.0

$71.8

* Includes revenue deposited into and transfers out of the Workforce Training Fund, Mass Tourism Fund, Inland Fish and Game Fund, Marine Recreational Fisheries Development Fund, Commonwealth Substance Abuse Treatment and Prevention Fund, and Stabilization Fund.

** Includes tax revenue into the Workforce Training Fund, the Mass Tourism Fund and the Inland Fish and Game 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 13 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

Revenue Source

Unrestricted

Restricted

Total

Judiciary

Supreme Judicial Court

$2,821,325

Committee for Public Counsel

$750,000

Appeals Court

$448,502

Trial Court

$78,009,000

$53,000,000

$131,009,000

TOTALS :

$81,278,827

$53,750,000

$135,028,827

District Attorneys

Plymouth District Attorney

$500

Middle District Attorney

$100

TOTALS :

$600

Secretary of the Commonwealth

$222,439,327

$30,000

$222,469,327

TOTALS :

$222,439,327

$30,000

$222,469,327

Treasurer and Receiver-General

Office of the Treasurer

$216,779,858

State Lottery Commission

$171,896,347

$787,547,000

$959,443,347

TOTALS :

$388,676,205

$787,547,000

$1,176,223,205

Attorney General

Office of the Attorney General

$26,321,982

$595,000

$26,916,982

TOTALS :

$26,321,982

$595,000

$26,916,982

State Ethics Commission

$50,000

TOTALS :

$50,000

Inspector General

Office of the Inspector General

$600,000

TOTALS :

$600,000

Office of Campaign and Political Finance

$82,200

TOTALS :

$82,200

Massachusetts Commission Against Discrimination

$90,196

$1,984,224

$2,074,420

TOTALS :

$90,196

$1,984,224

$2,074,420

Office of the State Comptroller

$494,108,432

TOTALS :

$494,108,432

Office of the State Auditor

$121,918

TOTALS :

$121,918

Executive Office for Administration and Finance

$20,280,000

$1,000,000

$21,280,000

Secretary of Administration and Finance

$54,543,401

Division of Capital Asset Management &

$18,500,524

$16,550,000

$35,050,524

Bureau of State Office Buildings

$171,833

Civil Service Commission

$20,000

Group Insurance Commission

$764,501,581

$950,000

$765,451,581

Division of Administrative Law Appeals

$127,500

George Fingold Library

$2,000

Department of Revenue

$185,952,568

$6,547,280

$192,499,848

Appellate Tax Board

$2,004,499

$400,000

$2,404,499

Human Resources Division

$3,000

$2,031,977

$2,034,977

Operational Services Division

$2,714,167

$2,758,000

$5,472,167

Information Technology Division

$609,730

Public Employee Retirement Administration

$179

TOTALS :

$1,048,819,252

$30,848,987

$1,079,668,239

Executive Office of Energy & Environmental Affairs

$4,940,150

$215,000

$5,155,150

Department of Environmental Protection

$37,609,377

$260,812

$37,870,189

Department of Fish and Game

$16,577,155

$217,989

$16,795,144

Department of Agricultural Resources

$6,386,877

Department of Conservation and Recreation

$13,541,545

$8,487,056

$22,028,601

Department of Public Utilities

$13,272,950

$2,400,000

$15,672,950

Department of Energy Resources

$3,982,419

TOTALS :

$96,310,473

$11,580,857

$107,891,330

Executive Office of Health and Human Services

Department of Veterans' Services

$15,000

$300,000

$315,000

Secretary of Health and Human Services

$5,983,579,646

$225,000,000

$6,208,579,646

Division of Health Care Finance and Policy

$304,487,773

$100,000

$304,587,773

Mass Commission for the Blind

$2,857,411

Massachusetts Rehabilitation Commission

$3,839,677

Mass Commission for the Deaf

$127,981

Chelsea Soldiers' Home

$11,554,205

$360,000

$11,914,205

Holyoke Soldiers' Home

$12,084,553

$380,000

$12,464,553

Department of Youth Services

$2,403,491

Department of Transitional Assistance

$432,063,898

Department of Public Health

$105,338,590

$53,712,761

$159,051,351

Department of Children and Families

$194,793,739

$4,100,000

$198,893,739

Department of Mental Health

$102,921,919

$125,000

$103,046,919

Department of Developmental Services

$444,006,455

$150,000

$444,156,455

Department of Elder Affairs

$1,388,518,524

TOTALS :

$8,988,592,862

$284,227,761

$9,272,820,623

Massachusetts Department of Transportation

$512,794,900

TOTALS :

$512,794,900

Board of Library Commissioners

$2,000

TOTALS :

$2,000

Executive Office of Housing & Economic Development

Department of Housing & Community Development

$2,602,560

$2,323,853

$4,926,413

Office of Consumer Affairs and Business

$1,435,180

$500,000

$1,935,180

Division of Banks

$20,763,031

$2,650,000

$23,413,031

Division of Insurance

$77,705,372

Division of Professional Licensure

$15,439,588

Division of Standards

$1,634,580

$493,751

$2,128,331

Department of Telecommunications and Cable

$4,959,354

TOTALS :

$124,539,665

$5,967,604

$130,507,269

Executive Office of Labor & Workforce Development

Department of Workforce Development

$314,005

Department of Labor

$2,273,912

$452,850

$2,726,762

Division of Industrial Accidents

$24,055,200

Division of Labor Relations

$105,967

$100,000

$205,967

TOTALS :

$26,749,084

$552,850

$27,301,934

Executive Office of Education

Department of Early Education and Care

$198,499,199

Department of Elementary and Secondary Education

$7,786,500

University of Massachusetts

$35,299,036

Bridgewater State College

$2,165,198

Fitchburg State College

$2,321,228

Framingham State College

$1,956,650

Massachusetts College of Liberal Arts

$371,415

Salem State College

$1,850,104

Westfield State College

$1,507,370

Worcester State College

$2,047,626

Massachusetts Maritime Academy

$318

Berkshire Community College

$211,643

Bristol Community College

$657,995

Cape Cod Community College

$473,116

Greenfield Community College

$268,700

Holyoke Community College

$895,917

Mass Bay Community College

$958,032

Massasoit Community College

$859,708

Mount Wachusett Community College

$367,538

Northern Essex Community College

$727,475

North Shore Community College

$798,024

Quinsigamond Community College

$403,016

Springfield Technical Community College

$852,659

Roxbury Community College

$169,462

$529,843

$699,305

Middlesex Community College

$349,044

Bunker Hill Community College

$873,943

TOTALS :

$262,670,916

$529,843

$263,200,759

Executive Office of Public Safety and Security

Office of the Chief Medical Examiner

$70,000

$1,700,000

$1,770,000

Criminal History Systems Board

$14,581,200

Department of State Police

$1,001,317

$32,016,200

$33,017,517

Department of Public Safety

$15,813,517

$4,190,182

$20,003,699

Department of Fire Services

$22,257,300

$25,000

$22,282,300

Merit Rating Board

$15,000

Military Division

$1,400,000

Municipal Police Training Committee

$2,000

$600,000

$602,000

Emergency Management Agency

$710,021

Department of Corrections

$11,898,958

$5,600,000

$17,498,958

Parole Board

$440,000

$600,000

$1,040,000

TOTALS :

$66,789,313

$46,131,382

$112,920,695

Sheriffs

Sheriff's Department Hampden

$954,542

$3,344,458

$4,299,000

Sheriff's Department Worcester

$109,500

Sheriff's Department Middlesex

$219,000

$950,000

$1,169,000

Sheriff's Department Franklin

$64,860

$2,100,000

$2,164,860

Sheriff's Department Hampshire

$34,200

$175,000

$209,200

Sheriff's Department Essex

$643,600

$2,000,000

$2,643,600

Sheriff's Department Berkshire

$50,000

$250,000

$300,000

Sheriff's Department Association

$150,000

Sheriff's Department Barnstable

$250,000

Sheriff's Department Bristol

$1,500,000

$6,500,000

$8,000,000

Sheriff's Department Dukes

Sheriff's Department Nantucket

Sheriff's Department Norfolk

$2,500,000

Sheriff's Department Plymouth

$16,000,000

Sheriff's Department Suffolk

$8,000,000

TOTALS :

$3,725,702

$42,069,458

$45,795,160

Total Non-Tax Revenue :

$12,344,163,854

$1,266,414,966

$13,610,578,820

SECTION 2.

JUDICIARY

Supreme Judicial Court

0320-0003For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices $7,852,391

0320-0010For the operation of the clerk’s office of the supreme judicial court for Suffolk county $1,147,536

0321-0001For the operation of the commission on judicial conduct$512,657

0321-0100For the services of the board of bar examiners$1,075,000

Committee for Public Counsel Services.

0321-1500For the operation of the committee for public counsel services, as authorized by chapter 211D of the General Laws; provided, that 20 district court attorneys shall be hired as authorized by section 5 of chapter 54 of the acts of 2005; provided further, that the committee for public counsel services shall hire: 7 superior court attorneys; 1 delinquency attorney and 1 additional auditor to the audit and oversight unit; provided further, that 7 new juvenile defender offices shall be opened in the following areas: Springfield/Holyoke, New Bedford/Fall River, Lowell/Lawrence, Brockton, Quincy, Cambridge/Somerville and Salem/Lynn; provided further, that the committee shall establish a murder trial and appeals unit and establish a mental health civil commitment unit; provided further, that an additional child and family law trial office shall be opened in the New Bedford/Fall River area and a child and family law appeals office shall be opened in the metropolitan Boston area; provided further, that 1 additional attorney shall be hired in both the Worcester and Pittsfield child and family law offices; and provided further, that the committee shall submit a report to the clerks of the house of representatives and senate and the house and senate committees on ways and means, not later than January 31, 2011, 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; and (g) the average number of hours spent per attorney or staff per type of case $34,229,553

0321-1510For compensation paid to private counsel assigned to criminal and civil cases under paragraph (b) of section 6 of chapter 211D of the General Laws, pursuant to section 11 of said chapter 211D; provided, that not more than $2,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2011 $117,506,173

0321-1518 For the chief counsel for the committee for public counsel services which may expend an amount not to exceed $750,000 from revenues collected from fees charged for attorney representation of indigent clients $750,000

0321-1520For normal fees and costs and extra 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 section 27A of said chapter 261; provided, that not more than $1,000,000 of the sum appropriated in this item may be expended for services rendered before fiscal year 2011 $13,582,325

0321-1600For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or disadvantaged residents of the commonwealth; provided, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 28, 2011 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; and provided further, that notwithstanding the first paragraph of section 9 of chapter 221A of the General Laws, funds shall be expended for the Disability Benefits Project, the Medicare Advocacy Project and the Battered Women’s Legal Assistance Project $9,500,000

0321-2000For the operation of the mental health legal advisors committee and for programs for the indigent mentally ill, established pursuant to section 34E of chapter 221 of the General Laws $707,599

0321-2100For Prisoners’ Legal Services, formerly known as the Massachusetts correctional legal services committee $902,016

0321-2205For the expenses of the social law library located in Suffolk county$1,500,000

Appeals Court.

0322-0100For the appeals court, including the salaries, traveling allowances and expenses of the chief justice, recall judges and the associate justices $10,730,031

Trial Court.

0330-0101For the salaries of the justices of the 7 departments 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 transfer of funds from this item to any other item of appropriation within 30 days of the transfer $49,836,452

0330-0300For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreements, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rentals and leases, operation of courthouse facilities, rental of county court facilities, witness fees, printing expenses, equipment maintenance and repairs, the court interpreter program, insurance and chargeback costs, the Massachusetts sentencing commission, permanency mediation services, alternative dispute resolution, court security and judicial training; provided, 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 of the General Laws, or any other 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 such veteran 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 said 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 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; and provided further, that the report shall be submitted to the victim and witness assistance board on or before January 10, 2011; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means 60 days prior to the temporary closure or temporary relocation of courthouses; and provided further, that the report shall include, but not be limited to, the transfer of personnel, the reallocation of resources, the impact on other courthouses resulting from a temporary closure and other factors that may affect implementation of temporary closure $188,247,375

0330-3333For the chief justice for administration and management who may expend for the operation of the trial court an amount not to exceed $27,000,000 from fees charged and collected pursuant to section 3 of chapter 90C of the General Laws, section 22 of chapter 218 of the General Laws and sections 2, 4A, 4B, 4C, 39 and 40 of chapter 262 of the General Laws; provided, that a schedule detailing the full allotment of said $27,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011; provided further, that the first $53,000,000 of revenue received from the fees shall be deposited in the General Fund and not retained; 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 1/2 of this authorization or the most recent revenue estimate, as reported in the state accounting system $27,000,000

0330-3334For the chief justice for administration and management who may expend for the operation of the department an amount not to exceed $26,000,000 from fees charged and collected under section 87A of chapter 276 of the General Laws; provided, that any expenditures or allocations shall be made in accordance with schedules submitted to the house and senate committees on ways and means not later than 30 days before the expenditures or allocations are made; and provided further, that a schedule detailing the full allotment of said $26,000,000 shall be submitted to the house and senate committees on ways and means not later than January 31, 2011 $26,000,000

0330-3337For additional expenses associated with the operation of the trial court; provided, that a schedule detailing all transfers shall be submitted to the house and senate committees on ways and means not later than January 31, 2011 $9,300,000

Superior Court Department.

0331-0100For the operation of the superior court department; provided, that funds shall be expended for the medical malpractice tribunals in accordance with section 60B of chapter 231 of the General Laws; and provided further, that the clerk of the court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping $20,845,577

District Court Department.

0332-0100For the operation of the district court department, including a civil conciliation program $34,570,850

Probate and Family Court Department.

0333-0002For the operation of the probate and family court department$17,818,433

Land Court Department.

0334-0001For the operation of the land court department$2,127,067

Boston Municipal Court Department.

0335-0001For the operation of the Boston municipal court department $6,490,437

Housing Court Department.

0336-0002For the operation of the housing court department$3,785,326

Juvenile Court Department.

0337-0002For the operation of the juvenile court department$10,024,667

Office of the Commissioner of Probation.

0339-1001For the office of the commissioner of probation; provided, that notwithstanding any general or special law or rule or regulation to the contrary, the commissioner, subject to appropriation, and approval by the chief justice for administration and management, shall have the 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 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 intensive supervision and community restraint services described in item 0339-1003; provided further, that funds from this item shall be expended for the costs associated with full implementation of chapter 303 of the acts of 2006 and chapter 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that no funds shall be expended from this item to cover the costs of building leases; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to use the department’s wage reporting and bank match system for the purpose of weekly tape-matching to determine 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 joint committee on the judiciary and the house and senate committees on ways and means detailing the progress of eligibility verification with the department; provided further, that the report shall include, but not be limited to: (a) the number of individuals determined to be indigent, (b) the number of individuals determined not to be indigent; (c) the number of individuals to be found misrepresenting assets; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency, as defined in section 2 ½ of said chapter 211D; (e) the revenue generated through collection of indigent client fees; (f) the average indigent client fee that each court division collects per case since the effective date of this act; (g) the number of indigency client fees collected and the number waived on a monthly basis by court division and individual court; (h) recommendations on improvements in verifying eligibility for counsel; and (i) other pertinent information to ascertain the effectiveness of verification; provided further, that the information within such report shall be delineated by court division; provided further, that the office shall submit quarterly reports to the joint committee on the judiciary and the house and senate committees on ways and means that shall include: (a) the office’s definition of supervisory and nonsupervisory cases; (b) a detailed description of what each level of supervision within these classifications entails in terms of responsibilities of the probation officer; (c) the average time commitment for a probation officer for each level of supervision on a monthly basis; (d) the overall number of individuals on probation; (e) the number of individuals added to probation and the number removed from probation for each month within that quarter; (f) the total number of full time employees who administer probationary cases; provided further, that these figures shall be delineated by level of supervisory and nonsupervisory probation and further delineated by court division; provided further, that the overall number of individuals on probation and added to probation each month shall be separately delineated by originating court or referral source; and provided further, that the report shall include the number of probationers served by community correction centers and electronic monitoring including, but not limited to, global positioning systems, and delineated by level of supervisory and nonsupervisory probation $121,407,625

0339-1003 For the operation of the office of community corrections, including the costs of personnel; provided, that funds shall be expended for the costs of intensive supervision and community corrections programs; provided further, 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 funds shall be expended to such programs in each county in fiscal year 2011; provided further, that the executive director of the office of community corrections shall enter into interagency service agreements and memoranda of understanding with the probation offices and sheriffs’ offices for the provision of such 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 such 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 31, 2011; provided further, that the plan shall include the projected number of probationers to be served by each program and a description of the oversight and services provided to the probationers; and provided further, that funds shall be expended to operate the community corrections facilities that ceased operations on November 1, 2009, at their existing locations for the full fiscal year ….$24,005,668

0339-1007For the provision of substance abuse testing services; provided, that the commissioner of the office of probation shall transfer funds from this item to 0339-1001, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer $500,000

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

0339-1009For the provision of substance abuse testing services; provided, that the executive director of the office of community corrections shall transfer funds from this item to 0339-1003, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer $1,094,825

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

Office of the Jury Commissioner

0339-2100For the office of the jury commissioner in accordance with chapter 234A of the General Laws $2,398,691

Suffolk District Attorney

0340-0100For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that funds may be expended for youth violence prevention initiatives; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $15,288,357

0340-0101For the overtime costs of state police officers assigned to the Suffolk district attorney’s office $337,431

Middlesex District Attorney

0340-0200For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $13,038,535

0340-0201For the overtime costs of state police officers assigned to the Middlesex district attorney’s office $491,890

Eastern District Attorney.

0340-0300For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program $8,011,057

0340-0301For the overtime costs of state police officers assigned to the Eastern district attorney’s office $480,334

Worcester District Attorney.

0340-0400For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $8,466,451

0340-0401For the overtime costs of state police officers assigned to the Worcester district attorney’s office $393,809

0340-0410For the analysis 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 $400,000

0340-0420For the costs associated with moving the Worcester District Attorney’s Office $267,000

Hampden District Attorney.

0340-0500For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $7,623,079

0340-0501For the overtime costs of state police officers assigned to the Hampden district attorney’s office $323,713

Hampshire/Franklin District Attorney.

0340-0600For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in said fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $4,746,396

0340-0601For the overtime costs of state police officers assigned to the Hampshire/Franklin district attorney’s office $280,236

Norfolk District Attorney.

0340-0700For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $7,810,091

0340-0701For the overtime costs of state police officers assigned to the Norfolk district attorney’s office $406,958

Plymouth District Attorney.

0340-0800For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $6,774,559

0340-0801For the overtime costs of state police officers assigned to the Plymouth district attorney’s office $409,373

Bristol District Attorney.

0340-0900For 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $7,048,574

0340-0901For the overtime costs of state police officers assigned to the Bristol district attorney’s office $310,779

0340-0902For the costs associated with relocating to the new district court house in Fall River…… $75,000

Cape and Islands District Attorney.

0340-1000For 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 the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $3,445,389

0340-1001For the overtime costs of state police officers assigned to the Cape and Islands district attorney’s office $265,462

Berkshire District Attorney.

0340-1100For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the drug task force and the domestic violence unit; provided, that the office shall submit a report to the executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2010 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; 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 executive director of the Massachusetts District Attorneys Association no later than February 1, 2011, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009 and 2010; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund at the start of 2011; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2011, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer $3,354,920

0340-1101For the overtime costs of state police officers assigned to the Berkshire district attorney’s office $204,882

0340-1102For costs associated with moving the Berkshire District Attorney’s office…………………………………………………………. $65,740

DISTRICT ATTORNEYS’ ASSOCIATION.

0340-2100For the operation of the Massachusetts District Attorneys Association, including the implementation and related expenses of the district attorneys’ office automation, 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 may contribute a portion of their fiscal year 2011 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 attorneys’ computer network; provided further, that the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys’ offices to prepare a report that shall include, but not be limited to, the following: (a) the number of abuse cases that are referred to each district attorneys’ office for further investigation; (b) the number of referrals resulting in the filing of criminal charges, delineated by type of charge; (c) the number of cases referred to each district attorneys’ office that remain open as of the date for submission of said report; and (d) the number of cases resulting in a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and means on or before March 15, 2011; provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation under this item to exceed the amount appropriated in this item; provided further, that the association shall work in conjunction with the 11 district attorneys’ offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2011, summarizing the number and types of criminal cases managed or prosecuted by all district attorneys’ offices in calendar year 2010 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of dispositions or statuses thereof; provided further, that the association shall work in conjunction with the 11 district attorney offices to prepare and submit a report to the house and senate committees on ways and means no later than March 1, 2011, detailing all district attorneys’ offices’ use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; and provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2008, 2009, and 2010; (b) how the funds were used in those fiscal years; and (c) the balance of the trust fund as of the start of 2011 $790,489

0340-8908For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network $1,215,837

EXECUTIVE.

0411-1000For 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 funds may be expended for 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 continued pursuant to section 80 of chapter 236 of the acts of 2000, shall continue during fiscal year 2011 $4,559,901

0411-1005For the operation of the office of the child advocate$243,564

SECRETARY OF THE COMMONWEALTH.

Office of the Secretary of the Commonwealth.

0511-0000For the operation of the office of the secretary; provided, 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 and 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 the regulations or standards established by the secretary of state and the records conservation board; and provided further, that those regulations shall be issued not later than June 30, 2011 $6,101,118

0511-0001For the secretary of state who may expend revenues not to exceed $30,000 from the sale of merchandise at the state house gift shop for the purpose of replenishing and restocking gift shop inventory $30,000

0511-0002For the operation of the corporations division; provided, that the division shall implement a corporate dissolution program which shall have a specific focus on limited liability corporations and limited liability partnerships that have failed in their statutory responsibility to file an annual report; provided, that the division shall file quarterly reports with the house and senate committees on ways and means detailing the total number of annual reports filed as a result of this program and the amount of revenue generated for the commonwealth $254,213

0511-0200For the operation of the archives division$378,121

0511-0230For the operation of the records center$36,217

0511-0250For the operation of the archives facility$296,521

0511-0260For the operation of the commonwealth museum$243,684

0511-0270For the secretary of state who may contract with the University of Massachusetts Donahue Institute to provide the commonwealth with technical assistance on United States census data and to prepare annual population estimates $621,750

0511-0420For the operation of the address confidentiality program$130,858

0517-0000For the printing of public documents$600,000

0521-0000For 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; and provided further, that the registration and education activities may be conducted by community-based voter registration and education organizations $7,642,958

0521-0001For the operation of the central voter registration computer system$5,684,747

0524-0000For providing information to voters$1,257,044

0526-0100For the operation of the Massachusetts historical commission$750,000

0527-0100For the operation of the ballot law commission$10,687

0528-0100For the operation of the records conservation board$34,056

0540-0900For the registry of deeds located in the city of Lawrence in the former county of Essex $1,048,798

0540-1000For the registry of deeds located in the city of Salem in the former county of Essex $2,787,199

0540-1100For the registry of deeds in the former county of Franklin$463,183

0540-1200For the registry of deeds in the former county of Hampden$1,736,591

0540-1300For the registry of deeds in the former county of Hampshire$486,003

0540-1400For the registry of deeds located in the city of Lowell in the former county of Middlesex $1,148,053

0540-1500For the registry of deeds located in the city of Cambridge in the former county of Middlesex $2,972,085

0540-1600For the registry of deeds located in the town of Adams in the former county of Berkshire $264,657

0540-1700For the registry of deeds located in the city of Pittsfield in the former county of Berkshire $450,573

0540-1800For the registry of deeds located in the town of Great Barrington in the former county of Berkshire $222,808

0540-1900For the registry of deeds in the former county of Suffolk$1,853,282

0540-2000For the registry of deeds located in the city of Fitchburg in the former county of Worcester $690,110

0540-2100For the registry of deeds located in the city of Worcester in the former county of Worcester $2,228,331

TREASURER AND RECEIVER-GENERAL.

Office of the Treasurer and Receiver-General.

0610-0000For 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 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 14, 2011; provided further, that funds may be expended for the payment of bank fees; provided further, that financial assistance shall be made available to injured firefighters; and provided further, that the treasurer’s office shall pay half of the administrative costs of the municipal finance oversight board from this item $9,220,211

0610-0050For 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 1 chief investigator and other investigators for the purpose of regulating and controlling the traffic of alcoholic beverages; provided further, that said commission shall 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 the commission shall seek out matching federal dollars and apply for federal grants that may be available to assist in the enforcement of laws pertaining to the traffic of alcoholic beverages $1,993,336

0610-0140For the purpose of funding administrative, transactional and research expenses associated with maintaining and increasing the interest earnings on the General Fund and the Commonwealth Stabilization Fund investments $21,582

0610-2000For payments made to veterans pursuant to section 16 of chapter 130 of the acts of 2005; provided, that the office of the state treasurer may expend not more than $100,000 for costs incurred in the administration of these payments; and provided further, that the treasurer shall notify the house and senate committees on ways and means upon the expenditure of the funds appropriated herein $3,155,604

0611-1000For bonus payments to war veterans$44,500

0612-0105For payment of the public safety employees’ line-of-duty death benefits authorized in section 100A of chapter 32 of the General Laws; provided, that the treasurer’s office shall provide immediate written notification to the secretary of administration and finance and the house and senate committees on ways and means upon the expenditure of the funds appropriated herein $100,000

Lottery Commission.

0640-0000For the operation of the state lottery commission and state 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 $74,471,382

0640-0005For the costs associated with the continued implementation of monitor games; 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 $2,587,936

0640-0010For 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 $1,000,000

0640-0096For the purpose of the commonwealth’s fiscal year 2011 contributions to the health and welfare fund established pursuant to the collective-bargaining agreement between the state 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

Debt Service.

0699-0015For the payment of interest, discount and principal on certain bonded debt and the sale of bonds of the commonwealth; provided, 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, items 0699-9100, 0699-2004 and 0699-0016; 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, 2011, from item 0699-0015 to items 0699-9100, 0699-2004 and 0699-0016 or from items 0699-9100, 0699-2004 and 0699-0016 to item 0699-0015 which would otherwise have insufficient amounts to meet debt service obligations for the fiscal year ending June 30, 2011; provided further, that each amount transferred shall be charged to the funds as specified in the item to which the amount is transferred; and provided further, that payments on bonds issued pursuant to section 2O of said chapter 29 shall be paid from this item and shall be charged to the Infrastructure sub-fund of the Commonwealth Transportation Fund $1,629,810,807

General Fund…52%

Commonwealth Transportation Fund…48%

0699-0016For the payment of interest, discount and principal on certain indebtedness incurred under chapter 233 of the acts of 2008 for financing the accelerated bridge program $39,979,615

Commonwealth Transportation Fund…100%

0699-2004For the payment of interest, discount and principal on certain indebtedness which may be incurred for financing the central artery/third harbor tunnel funding shortfall $90,085,000

Commonwealth Transportation Fund…100%

0699-9100For the payment of costs associated with any bonds, notes or other obligations of the commonwealth, including issuance costs, interest on bonds, bond and revenue anticipation notes, commercial paper, and other notes pursuant to sections 47 and 49B of chapter 29 of the General Laws and for the payment to the United States pursuant to section 148 of the Internal Revenue Code of 1986 of any rebate amount or yield reduction payment owed with respect to any bonds or notes or other obligations of the commonwealth; 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, 2011 shall be charged to the various funds or to the General Fund or Commonwealth Transportation Fund debt service reserves 66,791,390

0699-9101For 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 $35,845,000

Commonwealth Transportation Fund…100%

STATE AUDITOR.

Office of the State Auditor.

0710-0000For 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 $13,937,881

0710-0100For the operation of the division of local mandates$379,643

0710-0200For the operation of the bureau of special investigations; provided, that the office 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 $1,812,420

0710-0225For the operation of the Medicaid Audit Unit within the Division of Audit Operations in an effort to prevent and to identify fraud and abuse in the MassHealth system; provided, that the federal reimbursement for any expenditure from this item shall not be less than 50 per cent; and provided further, that the division shall submit a report no later than December 1, 2010 to the house and senate committees on ways and means detailing all findings on activities and payments made through the MassHealth system $897,829

ATTORNEY GENERAL.

Office of the Attorney General.

0810-0000For 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 assistance program shall be administered in accordance with chapters 258B and 258C of the General Laws; and provided further, that the attorney general shall submit to the general court and the secretary of 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 $22,705,260

0810-0004For compensation to victims of violent crimes; provided, that notwithstanding 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; provided further, that compensation to such claimant shall be limited to a maximum of $50; and provided further, that notwithstanding 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 $2,188,340

0810-0007For 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 $440,676

0810-0013For the office of the attorney general which may expend for a false claims program an amount not to exceed $595,000 from revenues collected from enforcement of the false claims law; 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 as reported in the state accounting system $595,000

0810-0014For the operation of the department of public utilities’ office of ratepayer advocacy within the office of the attorney general, 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 under section 11E of chapter 12 shall equal the amount expended from this item as well as the associated fringe benefits costs for personnel paid from this item; and provided further, that funds 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 $2,355,903

0810-0021For 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 funds 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 section 72H of chapter 111 $3,814,923

0810-0045For the labor law enforcement program pursuant to subsection (b) of section 1A 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 $3,121,902

0810-0201For 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; provided further, that funds shall be expended for costs associated with health insurance rate hearings; and provided further, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount expended from this item as well as the associated fringe benefits costs for personnel paid from this item $1,540,486

0810-0338For the investigation and prosecution of automobile insurance fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount appropriated in this item as well as the associated fringe benefits costs for personnel paid from this item $438,506

0810-0399For the investigation and prosecution of workers’ compensation fraud; provided, that notwithstanding any general or special law to the contrary, the amount assessed for these costs shall be equal to the amount appropriated in this item as well as the associated fringe benefits costs for personnel paid from this item; provided further, that the attorney general shall investigate and prosecute, when appropriate, employers who fail to provide workers’ compensation insurance as required by law; and provided further, that the unit shall investigate and report on all companies not in compliance with chapter 152 of the General Laws $284,456

Victim and Witness Assistance Board.

0840-0100For 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 16, 2011 $549,090

0840-0101For the salaries and administration of the SAFEPLAN advocacy program, to be administered by the Massachusetts office of victim assistance; provided, that the office shall submit to the house and senate committees on ways and means, not later than February 1, 2011, a report detailing the effectiveness of contracting for the program including, but not limited to, the number and type of incidents to which the advocates responded, the type of services and service referrals provided by the domestic violence advocates, the cost of providing such services and the extent of coordination with other service providers and state agencies $749,327

STATE ETHICS COMMISSION.

0900-0100For the operation of the state ethics commission$1,731,123

OFFICE OF THE INSPECTOR GENERAL.

0910-0200For the operation of the office of the inspector general$2,307,528

0910-0210For the office of the inspector general which may expend revenues collected up to a maximum of $600,000 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 $600,000

OFFICE OF CAMPAIGN AND POLITICAL FINANCE.

0920-0300For the operation of the office of campaign and political finance$1,221,696

MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.

0940-0100For the office of the commission, including the processing and resolution of cases pending before the commission that were filed on or before January 1, 2006; provided, that on or before November 2, 2010, 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 the 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, 2011; provided further, that the commission shall identify in the 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 2, 2010 on 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 the report the total number of new cases filed in fiscal year 2010 and the total number of cases closed by the commission in fiscal year 2010; provided further, that funds made available in this item shall be in addition to funds available in item 0940-0101; 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 $2,543,312

0940-0101For the Massachusetts commission against discrimination which may expend not more than $1,914,224 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 2011 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; and 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 $1,914,224

0940-0102For the Massachusetts commission against discrimination which may expend not more than $70,000 from revenues collected from fees charged for the training and certification of diversity trainers for the operation of the discrimination prevention certification program $70,000

COMMISSION ON THE STATUS OF WOMEN.

0950-0000For the commission on the status of women$70,000

0950-0050 For the commission on gay, lesbian, bisexual and transgender youth; provided, that funds shall be used to address issues impacting gay and lesbian youth including, but not limited to, health disparities for gay, lesbian, bisexual and transgender youth, the support and safety of gay and lesbian students and related suicide and violence prevention efforts……………….$100,000

OFFICE OF THE STATE COMPTROLLER.

1000-0001For the office of the state comptroller; provided, that the amount of any federal funds and grant receipts 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 of 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 and the full-year estimate of revenues and revenues collected; provided further, that notwithstanding any general or special law to the contrary, if the comptroller receives notification from any member of the General Court that a reporting requirement stipulated within this act has not been met the comptroller shall give immediate notice to the agency head and require the reporting requirement be met within 10 days; provided further, that the comptroller shall deduct $1,000 from the item of appropriation which includes the late reporting requirement; and provided further, that all amounts deducted shall be deposited into the General Fund and the comptroller shall notify the house and senate committees on ways and means of all amounts so deducted; provided further, that notwithstanding 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 such purpose; provided further, that 60 days before entering into any interdepartmental service agreement the comptroller shall notify the house and senate committees on ways and means; provided further, that the 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 purposes of this item; and provided further, that the comptroller shall submit a report on such projects as a part of his annual report pursuant to section 12 of chapter 7A of the General Laws $7,557,188

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.

Office of the Secretary of Administration and Finance.

1100-1100For 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 nondiscrimination and equal opportunity; provided further, that whenever noncompliance is determined by the secretary, the secretary shall hold a public hearing on the matter and report the 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 noncompliance 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 labor and workforce development on or before December 1, 2010; 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 $3,067,205

1100-1700For the provision of information technology services within the executive office for administration and finance $25,595,875

Division of Capital Asset Management and Maintenance.

1102-3205For the division of capital asset management and maintenance which may expend for the maintenance and operation of the Massachusetts information technology center, the state transportation building and the Springfield state office building an amount not to exceed $16,250,000 in revenues collected from rentals, commissions, fees, parking fees and any other sources pertaining to the operations of said facilities; 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, as reported in the state accounting system $16,250,000

1102-3232For the division; 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; provided further, that only expenses, including staffing, incurred to implement and operate the certification program shall be funded from this item; 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 $300,000

Bureau of State Office Buildings.

1102-3301For the operation of the bureau and for the maintenance and operation of buildings under the jurisdiction of the state superintendent of state office 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 $4,370,117

1102-3302For the purposes of utility costs and associated contracts for the properties managed by the bureau of state office buildings $4,614,760

1102-3306For 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 $774,000

1102-3307For state house accessibility coordination, including communications access to public hearings and meetings; provided, that access shall include interpreter services for the deaf and hard of hearing $138,476

Office on Disability.

1107-2400For the Massachusetts office on disability$544,989

DISABLED PERSONS PROTECTION COMMISSION

1107-2501For the disabled persons protection commission; provided, that the commission shall facilitate compliance by the department of mental health and the department of developmental services with uniform investigative standards; provided further, that the commission shall report to the house and senate committees on ways and means no 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 department of developmental services, the department of mental health, and the Massachusetts rehabilitation commission; provided further, that the report shall include: (a) the number of claims found to be substantiated; (b) the number of claims found to be unsubstantiated; and (c) 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 shall be capable of being recorded, that all persons who call the hotline shall be immediately informed that all calls are routinely recorded and that each such person shall be provided with the opportunity to elect that the call not be recorded $2,174,159

Civil Service Commission.

1108-1011For 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 provide for reimbursement to the General Fund; and provided further, that the civil service commission may assess a fee upon the appointing authority when inappropriate action has occurred $417,043

Group Insurance Commission.

1108-5100For 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 $2,500,000

1108-5200For the commonwealth’s share of the group insurance premium and plan costs incurred in fiscal year 2011; provided, that notwithstanding any general or special law to the contrary, funds in this item shall not be available during the accounts-payable period of fiscal year 2011, and any unexpended balance in this item shall revert to the General Fund on June 30, 2011; provided further, 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 funds may be expended from this item for the commonwealth’s share of group insurance premium and plan costs provided to employees and retirees in prior fiscal years; 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 of the General Laws and for the purposes of section 14 of said chapter 32A, the commonwealth’s share of the group insurance premiums for state employees who have retired before July 1, 1994, shall be 90 per cent and the commonwealth’s share of the group insurance premiums 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 premiums for active state employees hired on or before June 30, 2003, and their dependents shall be 80 per cent; provided further, that the commonwealth’s share of the group insurance premiums for active state employees hired after June 30, 2003, and their dependents shall be 75 per cent; provided further, that the commonwealth's share of the group insurance premiums for active state employees who filed an application for retirement on or after August 7, 2009, and on or before October 1, 2009, for a retirement date not later than January 31, 2010, shall be 85 per cent; provided further, that the commonwealth's share of the group insurance premiums for active state employees who file an application for retirement after October 1, 2009, shall be 80 per cent until a different contribution rate is established under said section 8 of chapter 32A; provided further, that the commission shall notify the house and senate committees on ways and means by April 1 of each year of the cost of the commonwealth’s projected share of group insurance premiums for the next fiscal year; provided further, that the group insurance commission may pay premium and plan costs for municipal employees and retirees who are enrolled in the group insurance commission’s health plans pursuant to the commission’s regulations; and provided further, that in fiscal year 2011, the group insurance commission may pay for costs for employees of the office of a transferred sheriff remaining in the county health plan and other entities for the period ending not later than November 1, 2010 $1,160,940,774

1108-5201For the costs incurred by the group insurance commission associated with providing municipal health insurance coverage pursuant to section 19 of chapter 32B of the General Laws; provided, that the commission may expend revenues in an amount not to exceed $950,000 from the revenue received from administrative fees associated with providing municipal health insurance coverage pursuant to said section 19 of said chapter 32B; 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 commission 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 $950,000

1108-5350For elderly governmental retired employee premium payments $496,458

1108-5400For the costs of the retired municipal teachers’ premiums and the audit of such premiums $75,230,149

1108-5500For 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 $8,589,598

Division of Administrative Law Appeals.

1110-1000For the operation of the division of administrative law appeals, established by section 4H of chapter 7 of the General Laws; provided, that the division 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 an agency, or his 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 $1,099,304

George Fingold Library

1120-4005For the administration of the George Fingold Library$786,237

1120-4006For the George Fingold Library which may expend revenues collected up to a maximum of $2,000 from the fees charged for copying services; provided, that the library shall submit a report that details revenue collected and expenditures made to the house and senate committees on ways and means on or before January 1, 2011 $2,000

Department of Revenue.

1201-0100For the operation of the department of revenue, including tax collection administration and audits of certain foreign corporations and the division of local services; provided, that the department may allocate funds to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge costs 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 provide to the general court access to the municipal data bank; provided further, that 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 full-time basis beginning no earlier than December 1 and ending no later than November 30; provided further, that seasonal positions funded by this account shall not be filled by an incumbent for more than 10 months within a 12-month period; provided further, that the department may conduct a public awareness and education outreach campaign about state and local tax credits, deductions, deferrals and exemptions and other tax information available to persons age 65 and older including, but not limited to, section 6 of chapter 62 of the General Laws and section 5 of chapter 59 of the General Laws; provided further, that the department may work in conjunction with the executive office of elder affairs in disseminating information and conducting the campaign; provided further, that the department may conduct the campaign from July 1, 2010, to April 15, 2011, inclusive, and shall report their efforts to the house and senate committee on ways and means and the joint committee on elder affairs not later than May 31, 2011; provided further, that funds shall be expended for 1-time, nonrecurring grants to stampers related to the implementation of section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws; provided further, that the grants shall be awarded to stampers in accordance with regulations and procedures to be developed by the department; provided further, that in awarding these grants, the department shall prioritize those applications from stampers who have already incurred implementation costs; and provided further that the department shall report to the house and senate committees on ways and means and the joint committee on revenue no later than September 30, 2010, on the regulations and procedures to be used in determining the grant awards; and provided further, that the department shall also file an interim report to the house and senate committee on ways and means and the joint committee on elder affairs not later than January 1, 2011 $85,076,776

1201-0130For the department of revenue which may expend for the operation of the department not more than $17,280,000 from revenues collected by the additional auditors for an enhanced audit program; provided, that the auditors shall: (1) discover and identify persons who are delinquent either in the filing of a tax return or the payment of a tax due and payable to the commonwealth; (2) obtain such delinquent returns; and (3) collect such delinquent taxes for a prior fiscal year; 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; and provided further, that the department shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to, the following: (1) the amount of revenue produced from these additional auditors; and (2) the amount of revenue produced by this item in fiscal years 2007, 2008, 2009 and 2010 $17,280,000

1201-0131For municipal and school district regionalization; provided, that the division of local services shall, in conjunction with the department of elementary and secondary education when appropriate, work to promulgate regulations to implement this item not later than September 1, 2010 $2,000,000

1201-0160For child support enforcement; 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 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 the 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; 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 this authorization or the most recent revenue estimate as reported in the state accounting system for federal incentives and said network in accounts 1201-0161, 1201-0410, and 1201-0412 $36,693,379

1201-0164For the child support enforcement division; provided, that the 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; 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, as reported in the state accounting system $6,547,280

1232-0100For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to chapter 21J of the General Laws: provided, that in the prioritization of claims, payment of approved claims shall be as follows: claimant owns, or formerly owned, at least 1 but not more than 2 dispensing facilities; then payment to claimant who owns 3 but not more than 5 facilities; then payment to claimant who owns 6 but not more than 9 facilities; then payment to claimant who owns more than 9 facilities; and provided further that, not more than 50 percent of this appropriation shall be allocated to approved claimants prior to January 1, 2011 $13,099,454

1232-0200For 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 said chapter 21J; provided, that notwithstanding section 4 of said 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 $1,100,000

1233-2000For the tax abatement program for certain veterans, widows, blind persons and the elderly; provided, that cities and towns shall be reimbursed for the abatements granted under clauses Seventeenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A, Forty-first, Forty-first B, Forty-first C, Forty-first C 1/2 and Fifty-second of section 5 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse each city or town that accepts said clause Forty-first B or said 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; and provided further, that funds in this item shall be available for reimbursements to cities and towns for additional exemptions from the motor vehicle excise granted pursuant to the seventh paragraph of section 1 of chapter 60A of the General Laws $25,301,475

1233-2350For the distribution to cities and towns of the balance of the State Lottery Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional aid to municipalities, as provided for in section 3 $898,980,293

1233-2400For 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 $27,270,000

Appellate Tax Board.

1310-1000For 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 not later than December 1, 2010, on the number of hearings held at each location $1,736,891

1310-1001For the appellate tax board which may expend revenues up to a maximum of $400,000 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 $400,000

Reserves.

1599-0016For a task force to prevent fraud, waste and abuse and to assist in the recovery of funds where fraud, waste or abuse is detected $250,000

1599-0025For the secretary of administration and finance to provide the commonwealth’s customers with the convenience of expanded access to internet payment options and to improve revenue collections and cash flow; provided, that the secretary may expend an amount not to exceed $1,000,000 collected from payments made electronically to subsidize the costs associated with processing those payments; and provided further, that the secretary, in consultation with the comptroller, may enter into agreements with state agencies to provide for an electronic transaction fee subsidy, which shall be structured to expire after 3 years $1,000,000

1599-0050Route 3 North contract assistance payments$9,625,000

Commonwealth Transportation Fund…100%

1599-0093For contract assistance to the water pollution abatement trust for debt service obligations of the trust, pursuant to sections 6, 6A and 18 of chapter 29C of the General Laws $67,900,000

1599-1027For a reserve for reimbursement to certain employees of the commonwealth for certain increases in health care cost-sharing expenditures $19,806,288

1599-1701For a reserve for the state share of cost to certain municipalities and municipal light plants as identified by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester $6,300,000

1599-1970For a reserve for the Massachusetts Department of Transportation for the purpose of defraying costs of the Massachusetts Turnpike Authority, or its successor, incurred in fiscal year 2011 under section 138 of chapter 27 of the acts of 2009 $125,000,000

Commonwealth Transportation Fund…100%

1599-1977For a reserve for contract assistance to the Massachusetts Development Finance Agency for payment of debt service and other obligations of the agency in connection with the Massachusetts Development Finance Agency special obligation bonds series 2010A under chapter 293 of the acts of 2006 $1,000,000

1599-3234.. For the commonwealth’s South Essex sewerage district debt service assessment $89,763

1599-3384For 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 $5,000,000

1599-3856For rent and associated costs at the Massachusetts information technology center in the city of Chelsea $600,000

1599-4281 For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the National Association of Government Employees Union, Units 1, 3 and 6 for fiscal year 2011 $4,156,899

1599-4282For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10 for fiscal year 2011 9,562,523

1599-4283For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the American Association of Federal, State, County and Municipal Employees Union, Council 93, Unit 2 for fiscal year 2011 $2,933,636

1599-4284For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9 for fiscal year 2011 $744,420

1599-4285For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreements between the Commonwealth of Massachusetts and the Service Employees International Union, Local 888 for fiscal year 2011 $246,837

1599-4286For certain collective bargaining costs, including the cost of salary adjustments and other economic benefits authorized by the collective bargaining agreement between the commonwealth and the Berkshire Registries of Deeds – Service Employees International Union, Local 888; Essex North/South Registry of Deeds – American Association of Federal, State, County and Municipal Employees, Council 653; Hampden Registry of Deeds – Office of Professional Employees International Union, Local 6; Middlesex South Registry of Deeds – Office of Professional Employees International Union, Local 6; Suffolk Registry of Deeds – Service Employees International Union, Local 888; Worcester North Registry of Deeds – Service Employees International Union, Local 888 for fiscal year 2011 $76,082

1599-4704 For a reserve for certain payments associated with the costs of chapter 61 of the acts of 2009; provided, that any spending from this account shall be used solely for costs associated with the annual operations of the transferred sheriffs’ departments and not for capital projects; provided further, that funds shall be expended for transferred sheriffs’ existing obligations for payments in lieu of taxes; provided further, that the secretary of administration and finance shall file a report with the house and senate committees on ways and means not less than 30 days prior to the transfer of any funds from this reserve to an appropriation of a transferred sheriff; provided further, that this report shall include the requesting department, the amount requested by that department, the amount decided to be transferred to the requesting department and the planned use of the requested funds, specifying the object classes into which the funds will be transferred; and provided further, that any funds transferred under this item shall not be subject to section 29 of chapter 29………………………. $10,300,000

Division of Human Resources.

1750-0100For 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 and 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 secretary of administration and finance 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 of administration and finance shall file with the house and senate committees on ways and means the amounts of any 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 those 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 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 $2,815,447

1750-0102For the human resources division which may expend not more than $2,031,977 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 service examination, notwithstanding clause (n) of section 5 of chapter 31 of the General Laws or any other general or special law to the contrary; provided further, that the human resources division may also expend revenues collected for implementation of the health and physical fitness standards program established pursuant to sections 61A and the wellness program established pursuant to section 61B of chapter 31 of the General Laws and those programs in chapter 32 of the General Laws; provided further, 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; 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 as reported in the state accounting system; and provided further, that the division shall report to the house and senate committees on ways and means by February 1, 2011, on the projected costs of the program for fiscal year 2011 $2,031,977

1750-0119For payment of workers’ compensation benefits to certain former employees of Middlesex and Worcester counties; provided, that the division shall routinely recertify the former employees pursuant to current workers’ compensation procedures $52,057

1750-0300For the commonwealth’s contributions in fiscal year 2011 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 the health and welfare trust funds on a monthly basis or on such other basis as the applicable collective bargaining agreement provides $26,950,000

Operational Services Division.

1775-0100For the operation of the operational services division; provided, that the division shall expend funds for the purpose of achieving savings pursuant to this act; provided further, that notwithstanding any general or special law to the contrary, the bureau of purchased services of the operational services division which is responsible under section 22N of chapter 7 of the General Laws for determining prices for programs under chapter 71B of the General Laws, shall set the prices in fiscal year 2011 by increasing the final fiscal year 2010 price by the rate of inflation as determined by the division for fiscal year 2011; provided further, that the prices determined by the bureau of purchased services, or pursuant to its methods, for programs pursuant to said chapter 71B shall be set for fiscal year 2011 not later than July 15, 2010; provided further, that the division shall also adjust prices for extraordinary relief, as provided in 808 CMR 1.06(4); provided further, that programs for which prices in fiscal year 2010 were lower than the full amount permitted by the division may charge in fiscal year 2011 the full price authorized for fiscal year 2010; provided further, that upon the request of a program, the division shall determine the 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 said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price; and provided further, that the division shall accept and process applications for program reconstruction for fiscal year 2011 to be considered for rate adjustment in fiscal year 2012 $814,809

1775-0115For the operational services division; provided, that the division may expend for the purpose of procuring, managing and administering statewide contracts an amount not to exceed $1,400,000 from revenue collected from the statewide contract administrative fee; 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 $1,400,000

1775-0124For the operational services division; provided, that the division may expend an amount not to exceed $500,000 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; and provided further, that the division may only retain revenues collected in excess of $207,350 $500,000

1775-0200For the operation and administration of the supplier diversity office; provided, that the office shall provide training and other services to supplier diversity office certified minority- and women-owned businesses, which allows them to better compete for state contracts and also ensures that equitable practices and policies in the public marketplace are maintained; provided further, 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 to all supplier diversity office qualified applicants, throughout the commonwealth and beyond; 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; and provided further, that the operational services division may fund the affirmative market program from this item $660,060

1775-0600For the operational services division; provided, that the division may expend not more than $805,000 in revenues from the sale of state and federal surplus personal property and 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 payment, expenses and liabilities for the acquisition, warehousing, allocation and distribution of surplus property and the purchase of motor vehicles; provided further, 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, 2010; 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 $805,000

1775-0700For the operational services division; provided, that the 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

Information Technology Division.

1790-0100For 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 website, 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 a status report with the house and senate committees on ways and means by May 31, 2011, with actual and projected savings and expenditures for the audits in the fiscal year ending June 30, 2011; 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 the project or purchase; provided further, that the chief information officer may establish rules and procedures necessary to implement this item; and provided further, that the division shall file a report by secretariat with the house and senate committees on ways and means not later than December 15, 2010, that shall include, but not be limited to, the following: (a) financial statements detailing savings realized from the consolidation of information technology services within each executive office; (b) the number of personnel assigned to the information technology services within each executive office; and (c) efficiencies that have been achieved from the sharing of resources $3,726,477

1790-0150For the operation of the geographic information system pursuant to subsection (d) of section 4B of chapter 21A of the General Laws $70,000

1790-0151For the division of information technology which may expend an amount not to exceed $55,000 from fees charged to entities other than political subdivisions of the commonwealth for the distribution of digital cartographic and other data $55,000

1790-0300For the information technology division which may expend not more than $554,730 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 $554,730

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-0100For the operation of the office of the secretary of energy and environmental affairs, 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 and the mosquito-borne disease vector control chapter program; provided, that the executive office shall engage in a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office shall execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act; and provided further, that the memorandum shall require the timely production of information for use in the fisheries management process $6,136,178

2000-1700For the operation of information technology services within the executive office of energy and environmental affairs $7,953,102

2030-1000For the operation of the office of environmental law enforcement; provided, that officers shall provide monitoring pursuant to the National Shellfish Sanitation Program; and provided further, that funds from this item shall not be expended for the purposes of item 2030-1004 $8,875,325

2030-1004For environmental police private details; provided, that the office may expend revenues of up to $215,000 collected from the fees charged for private details; 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 $215,000

Department of Public Utilities.

2100-0012For the operation of the department of public utilities; provided, that notwithstanding the second sentence of the first paragraph of section 18 of chapter 25 of the General Laws, the assessments levied for fiscal year 2011 under said first paragraph shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefits costs for personnel paid from this item $7,632,539

2100-0013For the operation of the transportation division$375,051

2100-0014For the department of public utilities which may expend for the operation of the energy facilities siting board an amount not to exceed $100,000 from application fees collected in fiscal year 2011 and prior fiscal years from utility companies $100,000

2100-0015For the department of public utilities which may expend for the operation of the transportation division an amount not to exceed $2,300,000 from unified carrier registration fees collected in fiscal year 2011 and prior fiscal years from motor carrier companies $2,300,000

2100-0016For the department of public utilities to regulate steam distribution companies; provided, that notwithstanding section 18A of chapter 25 of the General Laws, the assessments levied for fiscal year 2011 shall be made at a rate sufficient to produce the amount expended from this item and the associated fringe benefits costs for personnel paid from this item $300,000

Department of Environmental Protection.

2200-0100For the operation of the department of environmental protection, including the environmental strike force, the bureau of policy and planning, the bureau of resource protection, the bureau of waste prevention, the Senator William X. Wall experimental station, and a contract with the University of Massachusetts for environmental research; provided, that 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 $26,446,561

2200-0102For the department of environmental protection which may expend an amount not to exceed $260,812 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 not later than January 11, 2011 on implementation of the wetlands fee, the amount of the fee increase and the revenue collected pursuant thereto; and provided further, that the wetlands fees directed into the General Fund shall not be lower than the amount deposited at the end of fiscal year 2004 $260,812

2200-0107For recycling and related purposes consistent with the recycling plan of the solid waste master plan and redemption centers; provided, that the department of environmental protection shall expend a portion of 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 the redemption program shall take into consideration the volume of redeemables per redemption center, the length of time the center has been in operation, the number of returnables redeemed quarterly by the centers, the submission by the centers of documentation of their redeemed returnables to the department and the costs of transportation, packing, storage and labor; provided further, that a redemption center shall be eligible for the funds if registered with the commonwealth as of April 1, 2003; and provided further, that funds may be expended for a recycling industry reimbursement program pursuant to section 241 of chapter 43 of the acts of 1997 $550,000

2210-0105 For the department of environmental protection which may expend for the administration and implementation of chapter 21I of the General Laws an amount not to exceed $3,051,198 from the revenue collected from fees, penalties, grants and tuition under said chapter 21I; provided, that not less than $1,657,449 from this item shall be made available for the operation of the Toxics Use Reduction Institute program at the University of Massachusetts at Lowell; provided further, that the department shall enter into an interagency service agreement with the University of Massachusetts to make such funding available for this purpose; provided further, that not less than $562,567 from this item shall be made available for toxics use reduction technical assistance and technology in accordance with said chapter 21I; provided further, that the department shall submit a report to the house and senate committees on ways and means not later than February 1, 2011, detailing the status of the department‘s progress in meeting the statutory and regulatory deadlines associated with said chapter 21I and detailing the number of full-time equivalent positions assigned to various implementation requirements of said chapter 21I; provided further, that the department shall enter into an interagency service agreement with the executive office of energy and environmental affairs to make such funding available for this purpose; 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 as reported in the state accounting system ....................................................................................... $3,051,198

2220-2220For 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 Governors/Eastern Canadian Premiers Action Plans for reducing acid rain deposition and mercury emissions $898,058

2220-2221For the administration and implementation of the operating permit and compliance program required under the federal Clean Air Act $1,657,263

2250-2000For the purpose of state implementation of the federal Safe Drinking Water Act under section 18A of chapter 21A of the General Laws $1,464,896

2260-8870For the expenses of the hazardous waste cleanup and underground storage tank programs, notwithstanding section 4 of chapter 21J of the General Laws $13,917,285

2260-8872For the brownfields site audit program$1,030,305

2260-8881For the operation of the board of registration of hazardous waste site cleanup professionals, notwithstanding section 19A of chapter 21A of the General Laws $341,719

Department of Fish and Game.

2300-0100For 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 division of ecological restoration and 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 $639,070

2300-0101For a division of ecological restoration and riverways protection program, for the promotion of public access to rivers, wetland restoration, 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 $390,002

2310-0200For 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 fisheries 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 Amherst for the purposes of wildlife and fisheries research in an amount not to exceed the amount received in fiscal year 2010 for such research; provided further, that the department may 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 funds shall be expended for the natural heritage and endangered species program $9,235,455

Inland Fisheries and Game Fund…100%

2310-0306For the hunter safety training program$401,130

Inland Fisheries and Game Fund…100%

2310-0316For 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 $1,000,000

Inland Fisheries and Game Fund…100%

2310-0317For the waterfowl management program established pursuant to section 11 of chapter 131 of the General Laws $45,000

Inland Fisheries and Game Fund…100%

2320-0100For the administration of the public access board, including the maintenance, operation and improvements of public access land and water areas; provided, that positions funded in this item shall not be subject to chapter 31 of the General Laws $469,678

2330-0100For 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 funds shall be expended on a recreational fisheries program to be reimbursed by federal funds; provided further, that the sum expended for the school for marine science and technology for research to minimize the economic impact of new fisheries management regulations shall not be reduced from fiscal year 2010 levels except in proportion to adjustments consistent with the department’s budget adjustments; and provided further, that the division shall continue to develop strategies to improve federal regulations governing the commercial fishing industry so as to promote sustainable fisheries $4,450,133

2330-0120For 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 $538,956

2330-0121For 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

2330-0200.For the administration and operation of the saltwater fishing permit program, in accordance with chapter 161 of the acts of 2009 $101,500

Marine Recreational Fisheries Development Fund…100%

Department of Agricultural Resources.

2511-0100For the operation of the department of agricultural resources, including the division of administration, the expenses of the board of agriculture, the division of dairy services, division of regulatory services, the division of animal health, the division of agricultural technical assistance, the division of crop management and inspectional services, including a program of laboratory services at the University of Massachusetts Amherst, the pesticides board and the division of agricultural development and fairs; provided, that funds may be expended to enhance the buy local effort in western, central, northeastern and southern Massachusetts provided, however, that funds may be expended for the statewide 4-H program$4,520,130

2511-0105For the purchase of supplemental foods for the emergency food assistance program within the feeding America nationally-certified food bank system of Massachusetts; provided, that the funds appropriated herein shall reflect the feeding America allocation formula, to benefit the 4 regional food banks in the commonwealth; and provided further, that the department may assess an administrative charge not to exceed 2 per cent of the total appropriation herein $11,500,000

2511-3002For the integrated pest management program$47,560

Department of Conservation and Recreation.

2800-0100For 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 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 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 section 3B of chapter 7 of the General Laws, the department shall establish or renegotiate fees, licenses, permits, rents and leases, and adjust or develop other revenue sources to fund the maintenance, operation and administration of the department; provided further, that funds shall be expended for cleanup of Pilayella algae; and provided further, that no funds shall be expended from this item for personnel overtime costs $3,613,779

2800-0101For 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 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 the General Laws; provided further, that the department shall continue to make payments pursuant to chapter 616 of the acts of 1957, as amended by section 89 of chapter 801 of the acts of 1963; and provided further, that the department shall continue to make payments pursuant to chapter 307 of the acts of 1987 for the use of certain land $1,000,000

2800-0401For 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 implement a stormwater management program in compliance with federal and state stormwater management requirements; provided further, that the department shall inventory all stormwater infrastructure, assess its 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 shall 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 $391,195

2800-0501For the operation of the beaches, pools and spray pools under the control of the department of conservation and recreation; provided, that the seasonal hires of the department of conservation and recreation’s parks, beaches, pools and spray pools be paid from this item; provided further, that all beaches, pools and spray pools shall remain open and staffed from Memorial Day through the end of August; provided further, that the beaches, pools and spray pools shall be fully maintained; provided further, that no funds from this item shall be expended for year-round seasonal employees; provided further, that seasonal employees who are hired before 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 2010 shall continue to receive such benefits in fiscal year 2011 during the period of their seasonal employment; provided further, that notwithstanding section 1 of chapter 31 of the General Laws, seasonal positions funded by this item shall be 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 $12,439,952

2800-0700For the office of dam safety; provided, that the department shall, in collaboration with the department of environmental protection and the department of fish and game, maintain a comprehensive inventory of all dams, and develop a coordinated permitting and regulatory approach to dam removal for stream restoration and public safety $288,602

2810-0100For the operation of the department’s state and urban parks; provided, that funds appropriated in this item shall be used to operate all of the division’s parks, parkways, boulevards, roadways, bridges and related appurtenances under the care, custody, and control of the division, flood control activities of the division, 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 the crossing guards located at department of conservation and recreation intersections shall continue to perform the duties where state police previously performed such duties; provided further, that no funds from this item shall be made available for payment to true seasonal employees; provided further, that the rinks under the control of the department shall remain open and staffed for the full rink season; and provided further, that the department may issue grants to public and nonpublic entities from this item; and provided further, that funds may be expended for the purposes of item 2800-9004 of section 2 of chapter 182 of the acts of 2008$41,945,776

2810-2041For the division of state parks and recreation which may expend not more than $5,314,030 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 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 the 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 $5,314,030

2820-0101For the costs associated with the department’s urban park rangers specific to the security of the state house; provided, that funds appropriated in this item shall only be expended for the costs of security and urban park rangers at the state house $1,292,000

2820-1000For the division of urban parks and recreation which may expend not more than $200,000 from revenue collected pursuant to section 34B of chapter 92 of the General Laws $200,000

2820-1001For the division of urban parks and recreation which 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, the 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

2820-2000For the operation of street lighting and the expenses of maintaining the parkways of the department of conservation and recreation $3,115,033

Commonwealth Transportation Fund….100%

2820-3001For the division of urban parks and recreation which 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, 2010, and April 30, 2011, for an 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

2820-4420For the operation and maintenance of the Ponkapoag golf course; provided, that the division of urban parks and recreation may expend not more than $1,098,011 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 $1,098,011

2820-4421For 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 $824,790 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 $824,790

Department of Energy Resources.

7006-1001For 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, the assessments levied for fiscal year 2011 under that section shall be made at a rate sufficient to produce the amount expended from this item as well as the associated fringe benefit costs for personnel paid from this item $199,326

7006-1003For the operation of the department 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 as well as the associated fringe benefit costs for personnel paid from this item $2,938,679

Department of Early Education and Care.

3000-1000For the administration of the department of early education and care and the costs of field operations and licensing provided through the department; provided, that the department shall report on the first business day of each month to the joint committee on education, the joint committee on children, families and persons with disabilities, 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, including supportive child care services; and provided further, that notwithstanding chapter 66A of the General Laws, the department of early education and care, the lead agencies of community partnership councils, the child care resource and referral agencies, the department of elementary and secondary education, the department of transitional assistance, the department of children and families 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 department shall report not later than September 1, 2010, to the joint committee on education and the house and senate committees on ways and means, on efficiencies and cost savings realized in the department’s accounts in fiscal year 2010 and anticipated cost savings in fiscal year 2011; provided further, that the report shall include, but not be limited to, an itemized accounting of services transferred between items, original cost of those services, all transition costs or expenditures and total cost savings realized; and provided further, that the report shall include an accounting of federal ARRA funding expended for the services and transition costs $11,622,212

3000-2000For regional administration and coordination of services provided by child care resource and referral agencies; provided, that funding for activities shall include, but not be limited to, administrative costs of these agencies, program coordination and support, voucher management, outreach to hard-to-reach populations, intake and eligibility services for families seeking financial assistance to enroll in early education and care programs, resource and referral for families including those with disabilities in child care programs, maintenance of the department’s centralized waiting list for state-subsidized early education and care, and walk-in services for homeless families $5,933,862

3000-2050For the administration of the Children’s Trust Fund; provided, that the department shall not exercise any supervision or control with respect to the board $1,181,850

3000-3050For supportive early education and care services; provided, that funds from this item shall only be expended for early education and care costs of children with active cases at the department of children and families; provided further, that the department of early education and care, in collaboration with the department of children and families, shall maintain a centralized list detailing the number of children eligible for services in this item, the number of supportive slots filled, and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that funds may be used to provide services during a transition period of 6 months for families upon the closure of their case; provided further, that all children eligible for services under this item shall receive those services; provided further, that if the department determines that available appropriations for this program will be insufficient to meet projected expenses, the commissioner shall file with the house and senate committees on ways and means and the secretary of administration and finance, a report detailing the amount of appropriation needed to address such deficiency; and provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000, 3000-4050 and 3000-4060, 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 30 days before the transfer $85,713,747

3000-4050For financial assistance for families currently involved with or transitioning from transitional aid to families with dependent children to enroll in an early education and care program; provided, that early education and care shall be available to former participants who are working for up to 1 year after termination of their benefits; provided further, that post-transitional early education and care benefits shall be provided to participants who are working for up to 1 year after the transitional period; provided further, that the department shall issue monthly reports detailing the number and average cost of voucher and contracted slots funded from this item and item 3000-3050; provided further, that the department may provide early education and care benefits to parents who are under 18 years of age, who are currently enrolled in a job training program, and who would qualify for benefits under chapter 118 of the General Laws but for the deeming of the grandparents’ income; provided further, that all teens eligible for year-round, full-time early education and 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; provided further, that recipients shall not be charged fees for care provided under this item; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that informal early education and care benefits may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4060, 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 at least 30 days before the transfer; and provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2011 $127,358,313

3000-4060For income-eligible early education and care programs; provided, that teen parents at risk of becoming eligible for transitional aid to families with dependent children may be paid from this item; provided further, that informal early education and care benefits for families meeting income-eligibility criteria may be funded from this item; provided further, that not more than $2 per child per hour shall be paid for the services; provided further, that early education and care slots funded from this item shall be distributed geographically in a manner that provides fair and adequate access to early education and care for all eligible individuals; provided further, that the department may expend funds from this item on grants to support inclusive learning environments; provided further, that the commissioner of early education and care may transfer funds to this item from items 3000-1000 and 3000-4050, 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 at least 30 days before the transfer; provided further, that not more than 3 per cent of any item may be transferred in fiscal year 2011; provided further, that said plan shall be forwarded 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; and provided further, 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 $233,527,427

3000-5000For grants to head start programs; provided, that funds from this item may be expended on early head start programs $8,000,000

3000-5075For the Massachusetts Universal Pre-Kindergarten Program; provided, that funds from this item shall be expended on grants to improve the quality of and expand access to preschool programs and services to children from the age of 2 years and 9 months until they are kindergarten eligible; provided further, that in awarding grant funds under this program, preference shall be given to establishing preschool classrooms in towns and cities with schools and districts at risk of or determined to be under-performing in accordance with sections 1J and 1K of chapter 69 of the General Laws, schools and districts which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations, or which have been designated commonwealth priority schools or commonwealth pilot schools pursuant to said regulations, schools or districts with a high percentage of students scoring in levels 1 and 2 on the Massachusetts Comprehensive Assessment System exams, or programs which serve children not less than 50 per cent of whom are from families earning at or below 85 per cent of the state median income; provided further, that funds may also be used to leverage and enhance community-wide capacity building efforts within statewide parameters established by the board; provided further, that any newly-funded programs designated as Massachusetts Universal Pre-Kindergarten Program participants shall have been accredited by the National Association for the Education of Young Children, the New England Association of Schools and Colleges, the National Association of Family Child Care or a Child Development Associate credential or higher; provided further, that programs receiving grant funds may use the funds to enhance teacher and staff quality and compensation, enhance program ability to interpret and use assessment data effectively, enhance developmentally-appropriate practice, incorporate ancillary services into the program, facilitate or provide access to wrap-around services for working families, or to increase capacity to expand access to age-eligible children on the centralized waitlist maintained by the department; provided further, that preference shall be given in awarding grants to those programs which demonstrate affordability for middle class and working class parents according to standards to be developed by the department; and provided further, 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 $8,000,000

3000-6000For the establishment of a statewide network of supports for early education and care programs to advance the quality of their services to children; provided, that supports funded through this item shall include, but not be limited to, curriculum development, child assessment systems, activities that encourage providers to obtain associate and bachelor degrees, payment of fees and direct assistance to programs seeking accreditation by agencies approved by the board, and professional development courses; provided further, that eligible recipients for such grants shall include, but not be limited to, community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, and child care resource and referral centers; provided further, that supports funded through this item shall be in alignment with the quality requirements of the Massachusetts Universal Pre-Kindergarten Program and the development of the quality rating and improvement system; provided further, that the department shall encourage and support early childhood education and care providers to obtain associate and bachelor degrees through professional development programs, including, but not limited to, the building careers program model; and provided further, that where possible, funds from this line item shall be coordinated with funding from item 3000-7050; and provided further, that the department may expend funds from the item on grants for supplemental services for children with IEPs $14,032,568

3000-6075For early childhood mental health consultation services in early education and care programs in the commonwealth; provided, that preference shall be given to those services designed to limit the number of expulsions and suspensions from said programs; and provided further, that eligible recipients for such grants shall include community partnership councils, municipal school districts, regional school districts, educational collaboratives, head start programs, licensed child care providers, child care resource and referral centers and other qualified entities $750,000

3000-7000For 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 item 3000-7050 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; provided further, that notwithstanding any general or special law to the contrary, priority for such services shall be given to low-income parents; and provided further, that the Children’s Trust Fund shall issue a report to the joint committee on education and the house and senate committees on ways and means, not later than February 15, 2011, detailing the expenditure of state funds appropriated herein $10,621,986

3000-7050For grants to programs that improve the parenting skills of participants in early education and care programs in the commonwealth: Mass Family Networks, Parent-Child Home Program, and Reach Out and Read; provided, that the department shall distribute said grants no later than August 31, 2010, in order to allow a full year of service for families involved in these programs; and provided further, that the department shall, to the maximum extent feasible, coordinate services provided through this item with services provided through items 3000-6000 and 3000-7000 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 $5,000,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-0050For the operation of the personal care attendant quality workforce council established under section 29 of chapter 118G of the General Laws $167,708

4000-0265For a primary care workforce development and loan forgiveness grant program at community health centers, for the purpose of enhancing recruitment and retention of primary care physicians and other clinicians at community health centers throughout the commonwealth; provided, that the grant program shall be administered by the Massachusetts League of Community Health Centers in consultation with the secretary of health and human services and relevant member agencies; provided further, that the funds shall be matched by other public and private funds; and provided further, that the League shall work with said secretary and said agencies to maximize all sources of public and private funds $500,000

4000-0300For the operation of the executive office of health and human services, 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 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 in this item shall be expended for administrative and contracted services related to the implementation and operation of programs authorized by chapter 118E of the General Laws; provided further, that funds may be expended for the operation of the office of health equity within the executive office of health and human services; provided further, that subject to appropriation, the executive office of health and human services may employ such additional staff or consultants as it may deem necessary; provided further, that the office may prepare an annual health disparities report card with regional disparities data, evaluate effectiveness of interventions and replicate successful programs across the commonwealth; provided further, that the office shall work with a disparities reduction program with a focus on supporting efforts by community-based health agencies and community health workers to eliminate racial and ethnic health disparities, including efforts addressing social factors integral to such disparities; 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 the rates that 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 programs authorized by chapter 118E of the General Laws shall be accounted for in the Massachusetts management accounting and reporting system not more than 10 days after the expenditures have been made by the Medicaid management information system; provided further, that no expenditures shall be made that are not federally reimbursable, including those related to Titles XIX or XXI of the Social Security Act or the MassHealth demonstration waiver approved under section 1115(a) of the Social Security Act or the community first section 1115 demonstration waiver, whether made by the executive office or another commonwealth entity, except as specifically authorized herein, or unless made for cost containment efforts, the purposes and amounts of which have been submitted to the executive office of administration and finance and the house and senate committees on ways and means 30 days prior to making such expenditures; provided further, that the executive office of health and human services may continue to recover provider overpayments made in the current and prior fiscal years through the Medicaid management information system, and that these recoveries shall be considered current fiscal year expenditure refunds; 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, 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 the executive office of health and human services shall pursue opportunities for grants and other federal funding available under the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; provided further, that not later than September 1, 2010, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing planned fiscal year 2011 expenditures by the executive office as funded by chargebacks to the 17 executive office cluster agencies; provided further, that not later than September 1, 2010, the executive office of health and human services shall submit a report to the house and senate committees on ways and means detailing the methodology used for projecting MassHealth enrollment and utilization in fiscal year 2012 and evaluating the accuracy of the caseload and utilization projection methodologies used to project caseload and utilization in fiscal year 2010 and fiscal year 2011; provided further, that any projection of deficiency in item 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400 or 4000-1405 shall be reported to the house and senate committees on ways and means not less than 90 days before the projected exhaustion of funding; and provided further, that any unexpended balance in these accounts shall revert to the General Fund on June 30, 2011; provided further, that an advisory committee shall be convened to study the comparative costs and benefits of different care delivery models for the Medicaid program including, but not limited to, all-managed care, a state-contracted chronic disease management program and patient-centered medical homes; provided further, that the advisory committee shall consist of the secretary of administration and finance who shall serve as chair, the secretary of health and human services, the commissioner of health care finance and policy, the director of Medicaid, the executive director of the Commonwealth Health Insurance Connector Authority, the chairs of the house and senate committees on ways and means, the senate and house chairs of the joint committee on health care financing, the senate and house chairs of the joint committee on mental health and substance abuse, 1 member representing the house minority party, 1 member representing the senate minority party, 1 member representing the Massachusetts Association of Health Plans, 1 member of the Massachusetts Medical Society who shall be a practicing primary care physician, 1 member representing the Massachusetts Hospital Association, 1 member representing the Association for Behavioral Healthcare, 1 member who shall be an advocate for individuals with disabilities and 1 member representing a health care consumer group; provided further, that the advisory committee shall compare the current and projected impact of the MCO program, the Primary Care Clinician plan, the disease management program and patient-centered medical homes on the Medicaid budget including, but not limited to, an estimate of the potential increase or decrease in programmatic costs of transitioning from 1 care delivery system to another and the impact of the different delivery systems on the financial risk borne by the commonwealth; provided further, that cost estimates and projections shall adjust for acuity; provided further, that the advisory committee shall compare the current and projected impact of the MCO program, the Primary Care Clinician plan, the disease management program and patient-centered medical homes on quality and continuity of care provided to MassHealth members, access to disease management and care coordination programs, access and quality of care for MassHealth special populations, access to behavioral health services, accountability through the reporting of quality data and the potential to address racial and ethnic disparities; provided further, that in conducting this analysis the organization shall use actual and projected Medicaid and managed care data; provided further that the executive office of health and human services shall make any data requested available in a timely manner; provided further, that for the purpose of conducting this analysis, the executive office of administration and finance, in consultation with the advisory committee and subject to appropriation, shall contract with an independent, outside organization with expertise in fiscal analysis of the Medicaid program and the managed care model within state Medicaid programs by October 2, 2010; provided further, that the advisory committee shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing not later than January 15, 2011 $91,299,259

4000-0301For the costs of MassHealth provider and member audit and utilization review activities including, but not limited to, eligibility verification, disability evaluations, provider financial and clinical audits, and initiatives intended to enhance program integrity $1,747,904

4000-0320For the executive office of health and human services which may expend for medical care and assistance rendered in the current year an amount not to exceed $225,000,000 from the monies received from recoveries and collections of any current or prior year expenditures; provided, that notwithstanding any general or special law to the contrary, the balance of any personal needs accounts collected from nursing and other medical institutions upon a medical assistance member's death and held by the executive office for more than 3 years may be credited to this item; and provided further, that no funds from this item shall be used for the purposes of item 4000-0300 $225,000,000

4000-0430For 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 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 $133,254,517

4000-0500For 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 and for MassHealth benefits provided to children, adolescents and adults under clauses (a) to (d), inclusive, and clause (h) of subsection (2) of section 9A of chapter 118E of the General Laws and section 16C of said chapter 118E; 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, exceed 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; provided further, that expenditures from this item shall be made only for the purposes expressly stated herein; provider further, that funds may be expended from this item to enhance the ability of hospitals, community health centers, and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; provided further, that in conjunction with the new Medicaid management information system, the executive office shall continue to 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; and provided further, that notwithstanding any general or special law to the contrary, the secretary of health and human services shall not, without prior written or verbal consent, reassign the behavioral health benefit of any eligible person to a managed care plan under contract with the office of MassHealth if the benefit is already managed by MassHealth’s specialty behavioral health managed care contractor; and provided further, that in fiscal year 2011, the executive office shall include chiropractic care as a covered service in the MassHealth essential program $3,757,055,766

Executive Office of Elder Affairs.

4000-0600For health care services provided to MassHealth members who are seniors, and for the operation of the senior care options program under section 9D of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years; provided further, that funds shall be expended for the “community choices” program; 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 benefits for this demonstration project shall not be reduced below the services provided in fiscal year 2010; provided further, that the eligibility requirements for this demonstration project shall not be more restrictive than those established in fiscal year 2010; provided further, that notwithstanding any general or special law to the contrary, funds shall be expended from this item for the purpose of maintaining a personal needs allowance of $72.80 per month for individuals residing in nursing homes and rest homes who are eligible for MassHealth, Emergency Aid to the Elderly Disabled and Children program or Supplemental Security Income; provided further, that notwithstanding any general or special law to the contrary, for any nursing home or non-acute chronic disease hospital that provides kosher food to its residents, the executive office of elder affairs, in consultation with the division of health care finance and policy, in recognition of the unique special innovative program status granted by the executive office of health and human services, shall continue to make the standard payment rates established in fiscal year 2006 to reflect the high dietary costs incurred in providing kosher food; provided further, that funds shall be expended from this item for the pre-admission counseling and assessment program, which shall be implemented on a statewide basis through aging and disability resource consortia; and provided further, that the secretary of elder affairs and the director of the office of Medicaid shall provide bimonthly reports to the secretary of administration and finance and to the house and senate committees on ways and means showing Medicaid nursing facility utilization in the current fiscal year compared to Medicaid nursing facility utilization in the same period for the prior fiscal year; provided further, that not less than $2,800,000 shall be expended as fiscal year 2011 incentive payments if funding is available to support this expenditure as prescribed by section 141A to nursing facilities meeting the criteria determined by the MassHealth Nursing Facility Pay for Performance (P4P) Program in 114.2 CMR 6.07 and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management, that is focused on implementing that criteria and improving the quality of services available to MassHealth members; and provided further that the MassHealth agency shall adopt regulations and procedures necessary to carry out section 299 $2,488,616,244

4000-0640For nursing facility Medicaid rates; provided, that notwithstanding any general or special law to the contrary, in fiscal year 2011 the division of health care finance and policy shall establish nursing facility Medicaid rates 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; provided further, that funds shall be expended in an amount not less than that appropriated in fiscal year 2010 for purposes of reimbursing nursing facilities for up to 10 bedhold days for patients of the facility on medical and non-medical leaves of absence; provided further, that an amount for expenses related to the collection and administration of section 25 of chapter 118G of the General Laws shall be transferred to the division of health care finance and policy; and provided further, that the payments made pursuant to this item shall be allocated in an amount sufficient to implement section 622 of chapter 151 of the acts of 1996; and provided further, that effective July 1, 2010 for the fiscal year ending June 30, 2011, the division shall establish nursing facility supplemental Medicaid rates from funding made available pursuant to section 299 $288,500,000

Executive Office of Health and Human Services.

4000-0700For 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, and for MassHealth benefits provided to children, adolescents and adults under clauses (a) to (d), inclusive and clause (h) of subsection (2) of section 9A of chapter 118E of the General Laws and section 16C of said chapter 118E; provided, that no payments 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 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, exceed 150 per cent of the federal poverty level; provided further, that children who have aged out of the custody of the department of children and families shall be eligible for benefits until they reach age 21; provided further, that funds shall be expended from this item for members who qualify for early intervention services; provided further, that funds may be expended from this item for health care services provided to the recipients in prior fiscal years; provided further, that $20,000,000 shall be expended from this item, or item 4000-0500, if necessary to achieve maximum federal financial participation, to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively; provided further, that the executive office shall maximize federal reimbursements for state expenditures made to these providers; provided further, that the executive office of health and human services may transfer the coverage of pharmacy services for members enrolled in a Medicaid managed care organization to this item, but shall make all reasonable efforts to leave coverage of said services with the Medicaid managed care organizations and collect, in a manner and form authorized by the federal Centers for Medicare and Medicaid Services, pharmacy rebates that manufacturers which participate in the federal drug rebate program are required to provide for individuals enrolled in a Medicaid managed care organization pursuant to the Patient Protection and Affordable Care Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152; 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; provided further, that the executive office may reduce MassHealth premiums or copayments or offer other incentives to encourage enrollees to comply with wellness goals; and provided further, that funds may be expended from this item 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 $1,711,468,034

4000-0870For 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 the recipients in prior fiscal years $165,351,318

4000-0875For the provision of benefits to eligible women who require medical treatment for either breast or cervical cancer in accordance with section 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 those 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 benefits shall be extended solely for the duration of the cancerous condition; provided further, that before the provision of any benefits covered by this item, the executive office shall require screening for either breast or cervical cancer through 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; and provided further, that funds may be expended from this item for health care services provided to these recipients in prior fiscal years $4,770,999

4000-0880For MassHealth benefits under clause (c) of subsection (2) of section 9A of chapter 118E of the General Laws and section 16C of said chapter 118E 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 these children and adolescents in prior fiscal years $222,090,812

4000-0890For the cost of health insurance subsidies paid to employees and employers of small businesses in the insurance reimbursement program under section 9C of chapter 118E of the General Laws; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $58,181,956

4000-0895For 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, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $14,409,312

4000-0950For the purposes of administrative and program expenses associated with the children’s behavioral health initiative, in accordance with the settlement agreement in the case of Rosie D. et al. v. Romney, United States District Court for the District of Massachusetts civil action No. 01-30199-MAP, to provide comprehensive, community-based behavioral health services to children suffering from severe emotional disturbances; provided, that funds may be expended from this item for health care services provided to these persons in prior fiscal years; provided further, that the secretary of health and human services shall report quarterly to the house and senate committees on ways and means relative to implementation of the initiative; and provided further, that such quarterly reports shall include, but not be limited to, details of the implementation plan, results of the scheduled plan to date, including a schedule detailing commencement of services and associated costs by service type, an analysis of compliance with the terms of the settlement agreement to date, a detailed itemization of services and service utilization by service type, geographical location and the age of the member receiving the service, data detailing the time that elapses between a member’s request for services and commencement of an initial assessment for services, the time to complete the initial assessment and the time that elapses between initial assessment for services and commencement of services and a quarterly update of whether projected expenditures are likely to exceed the amount appropriated herein $86,743,865

4000-0990For 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 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; and provided further, that funds may be expended from this item for health care services provided to these persons in prior fiscal years $12,089,722

4000-1400For 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 $18,801,714

4000-1405For 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 of the MassHealth program established in section 9A of chapter 118E of the General Laws; provided further, that persons eligible under subsection (7) of section 16D of said chapter 118E shall also be eligible to receive benefits under this item; provided further, that the income of such persons shall not exceed 100 per cent of the federal poverty level; provided further, that the 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 the secretary may limit or close enrollment if necessary in order to ensure that expenditures from this item do not exceed the amount appropriated herein; provided further, that no such limitation shall be implemented unless the secretary has given 90 days’ notice to the house and senate committees on ways and means and the joint committee on health care financing; and provided further, that funds may be expended from this item for health care services provided to recipients in prior fiscal years $344,913,540

4000-1420For the purposes of making payment to the federal Centers for Medicare and Medicaid Services in compliance with Title XIX of the Social Security Act $198,273,814

4000-1700For the provision of information technology services within the executive office of health and human services $82,110,075

Office for Refugees and Immigrants.

4003-0122For a citizenship for new Americans program to assist legal permanent residents of the commonwealth in becoming citizens of the United States; provided, that the office for refugees and immigrants shall administer the program; provided further, that the program funded by this item shall provide assistance to persons who are within 3 years of eligibility to become citizens of the United States; provided further, that services shall be designed to include: ESOL/civics classes, citizenship application assistance, interview preparation and support services including, but not limited to, interpretation and referral services; provided further, that persons who would qualify for benefits under chapter 118A of the General Laws but for their status as legal non-citizens shall be given highest priority for services; and provided further, that persons who currently receive state-funded benefits which could be replaced, in whole or in part, by federally-funded benefits if these persons become citizens, shall be given priority for services $250,000

Division of Health Care Finance and Policy.

4100-0060For the operation of the division of health care finance and policy and the administration of the Health Safety Net Trust Fund established in section 36 of 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 chapter 118G for the estimated expenses of the division shall include in fiscal year 2011, 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 2011 from: (a) filing fees; (b) fees and charges generated by the division’s publication or dissemination of reports and information; and (c) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessed amount shall not be less than 55 per cent of the total expenses appropriated for the division and the health safety net office; provided further, for the purposes of supporting the division’s expanded role in developing health care policies that benefit government entities, providers, purchasers, and consumers, the division shall assess surcharge payors as defined in section 34 of chapter 118G, not less than 10 per cent of the total estimated expenses appropriated for the division and the health safety net office, including indirect costs, in fiscal year 2011, less amounts projected to be collected in fiscal year 2011 from: (a) filing fees; (b) fees and charges generated by the division’s publication or dissemination of reports and information; and (c) federal financial participation received as reimbursement for the division’s administrative costs; provided further, that the assessment on surcharge payors shall be calculated in a manner similar to the assessment authorized under section 38 of chapter 118G, and shall be collected in a manner consistent with the provisions of chapter 118G and deposited in the General Fund; 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 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 and the joint committee on health care financing not later than December 8, 2010 a report detailing utilization of the Health Safety Net Trust Fund; provided further, that the report shall include: (a) the number of persons in the commonwealth whose medical expenses were billed to the Health Safety Net Trust Fund in fiscal year 2010; (b) the total dollar amount billed to the Health Safety Net Trust Fund in fiscal year 2010; (c) the demographics of the population using the Health Safety Net Trust Fund; and (d) the types of services paid for out of the Health Safety Net Trust Fund in fiscal year 2010; 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 those individuals to the Health Safety Net Trust Fund; 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 funds shall be expended for the operation of the health care quality and cost council established in section 16K of chapter 6A of the General Laws to promote high-quality, cost-effective, patient-centered care; provided further, that the council shall file quarterly reports with the house and senate committees on ways and means delineating the progress made pursuant to the goals stated in said section 16K of said chapter 6A; 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 or industrial accident patients; provided further, that the division is hereby authorized to change the pricing standard used by the 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 within 6 months of the publication date of the federal upper limits for multiple source drugs by the federal Centers for Medicare and Medicaid Services, the division shall submit a report to the secretary of administration and finance and the house and senate committees on ways and means on the savings realized by the MassHealth Pharmacy Program for the first 3 months that the federal upper limits for multiple source drugs are in place; provided further, that using this data, the division shall estimate the program savings for the remainder of fiscal year 2011; provided further, that the division, after consultation with the secretary of health and human services and the chairs of the senate and house committees on ways and means, may adjust pharmacy dispensing fees for multiple source prescription drugs to compensate for any reduction as a result of the upper limits implemented under the Deficit Reduction Act of 2005; provided further, that the division shall examine the factors that contribute to the cost increases of the health care delivery system and strategies employed by the provider community to reduce cost growth; provided further, that in preparing its report, the division shall conduct a public hearing on the matter; and provided further, that the division shall submit its findings to the joint committees on health care financing and the house and senate committees on ways and means not later than February 16, 2011 $20,957,507

4100-0360For the health care quality and cost council established pursuant to section 16K of chapter 6A of the General Laws; provided, that the council may expend an amount not to exceed $100,000 from the monies received from the sale of data reports $100,000

OFFICE OF DISABILITIES AND COMMUNITY SERVICES.

Massachusetts Commission for the Blind.

4110-0001For the office of the commissioner$963,848

4110-1000For the community services program; provided, 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 $3,847,854

4110-1010For aid to the adult blind; provided, that funds may be expended from this item for burial expenses incurred in the prior fiscal year and for sheltered workforce employee retirement benefits $8,351,643

4110-2000For the turning 22 program of the commission; provided, that the commission shall work in conjunction with the department of developmental services to secure the maximum amount of federal reimbursements available for the care of turning 22 clients and to secure similar rates for contracted residential services $10,662,215

4110-3010For a program of vocational rehabilitation for the blind in cooperation with the federal government; provided, that no funds from federal vocational rehabilitation grants or state appropriation shall be deducted for pensions, group health and life insurance, or any other such indirect costs of federally reimbursed state employees $3,044,673

Massachusetts Rehabilitation Commission.

4120-1000For the operation of the commission; provided, 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 the comptroller shall act in accordance with item 1000-0001 if each report, with all of its components, is not filed by the end of the following fiscal quarter; 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 $457,893

4120-2000For 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; and 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 $10,013,228

4120-3000For employment assistance services; provided, that vocational evaluation and employment services for severely disabled adults may be provided $2,630,752

4120-4000For independent living assistance services$11,897,969

4120-4001 For the housing registry for the disabled.............................. $80,000

4120-4010For the turning 22 program of the commission$801,551

4120-5000For homemaking services$4,770,118

4120-6000For 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 $11,184,482

Massachusetts Commission for the Deaf and Hard of Hearing.

4125-0100For the operation of and services provided by the Massachusetts commission for the deaf and hard of hearing $4,895,345

Department of Veterans’ Services.

1410-0010For 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 the amount expended in fiscal year 2009 shall be expended for the purpose of maintaining and rehabilitating Massachusetts Vietnam Veterans memorials; provided further, the secretary of veterans’ services shall submit a report to the joint committee on veterans and federal affairs and the house and senate committees on ways and means not later than December 1, 2010, on the effectiveness and efficiency of creating a program of behavioral health career development for returning veterans under a federal yellow ribbon scholarship entitled “Train Vets To Treat Vets” in conjunction with the Massachusetts School of Professional Psychology; and provided further, that the department may expend funds for the Glory 54th Brigade $2,158,506

1410-0012 For services to veterans, including the maintenance and operation of outreach centers; provided, that the department shall not reduce the amount allocated to a program or its successor listed in this item, in section 2 of chapter 27 of the acts of 2009; provided, further, that funds shall not be expended for the Middleboro Veterans’ Outreach Center; provided further, that an amount equal to the amount of funds expended in fiscal year 2010 for the Middleboro Veterans’ Outreach Center shall be transferred to the Nathan Hale Foundation of Plymouth; provided further, 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; and provided further, that these centers shall provide services to veterans who were discharged after September 11, 2001, and their families …………………………… $1,738,686

1410-0015For the women veterans’ outreach program$50,000

1410-0018For the department which 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

1410-0100For 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 $96,500

1410-0250 For veterans’ homelessness services; provided, that the department shall not reduce the amount allocated to a program or its successor in section 2 of chapter 27 of the acts of 2009; and, provided further, that the Western Massachusetts Bilingual Veterans Outreach Center shall be the successor to the Springfield Bilingual Veterans Outreach Center at the YMCA.................. $2,083,073

1410-0251For the maintenance and operation of homeless shelters and transitional housing for veterans at the New England Center for Homeless Veterans located in the city of Boston $2,278,543

1410-0300For the payment of annuities to certain disabled veterans and the parents and un-remarried spouses of certain deceased veterans; provided, that the 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 2011 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 $19,862,118

1410-0400For 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 veterans’ services shall continue a training program for veterans’ agents and directors of veterans’ services in cities and towns; provided further, that the department of veterans’ services shall provide such training in several locations across the commonwealth; provided further, that training will be provided annually and on an as needed basis to veterans services organizations to make them aware of the provisions of said chapter 115 and all other benefits to which a veteran or the veteran’s dependents may be entitled; 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 $36,972,473

1410-0630For the administration of the veterans’ cemeteries in the towns of Agawam and Winchendon $946,136

Soldiers’ Home in Massachusetts.

4180-0100For 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 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services $25,940,788

4180-1100For the Soldiers’ Home in Massachusetts which may expend not more than $360,000 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; provided further, that the Soldiers’ Home may accept gifts, grants, donations and bequests; 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 $360,000

Soldiers’ Home in Holyoke.

4190-0100For 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 2010; provided further, that all pharmacy services shall be paid through the state office of pharmacy services chargeback, item 4510-0108 of section 2B; and provided further, that no charge or contract shall be made with any alternate vendor to provide pharmacy services other than the state office of pharmacy services $19,438,450

4190-0101For the Soldiers’ Home in Holyoke which may expend for its operation an amount not to exceed $5,000 from the licensing of the property for placement of aerial antennas $5,000

4190-0102For the Soldiers’ Home in Holyoke which may expend for the outpatient pharmacy program an amount not to exceed $110,000 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 2010 $110,000

4190-0200For the Soldiers’ Home in Holyoke which may expend not more than $25,000 from fees collected from veterans in its care for the purposes of providing television and telephone services to residents; provided, that fees from the use of telephones and televisions shall only be expended for payments to vendors for said services; 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 $25,000

4190-1100For the Soldiers’ Home in Holyoke which may expend not more than $240,000 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; provided further, that the Soldiers’ Home may accept gifts, grants, donations, and bequests; 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 $240,000

Department of Youth Services.

4200-0010For the administration of the department of youth services; provided, that the department shall continue to collaborate with the department of elementary and secondary 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 shall continue to execute its education funding initiative $4,516,910

4200-0100For 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 5 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 $21,936,465

4200-0200For pretrial detention programs, including purchase-of-service and state-operated programs; provided, that the commissioner may transfer up to 5 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 $18,311,369

4200-0300For secure facilities, including purchase-of-service and state operated programs incidental to the operations of the facilities; provided, that funds shall be expended to address the needs of the female population; provided further, that funds shall be expended to address suicide prevention; 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 $97,430,236

4200-0500For enhanced salaries for teachers at the department of youth services $2,500,000

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.

Department of Transitional Assistance.

4400-1000For the central administration of the department of transitional assistance; provided, 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 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 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, 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 supplemental nutrition assistance program applications and redeterminations; and provided further, that the department shall report to the house and senate committees on ways and means no later than December 15, 2010 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; provided further, that not later than December 1, 2010, the department shall submit to the house and senate committees on ways and means, the chairs of the joint committee on housing and the chairs of the joint committee on children, families and persons with disabilities a report setting forth: (i) a proposal for the department to offer not less than once annually, recipients of benefits and services provided by the department with the goal of identifying those households who are at risk of homelessness and referring them to the department of housing and community development or other entities or agencies with homelessness prevention resources; and (ii) an estimate of the amount of any additional administrative resources that would be needed for the department to implement the proposal in fiscal year 2012; and provided further, that implementation of the proposal shall be subject to appropriation in fiscal year 2012 $53,100,830

4400-1001For programs to increase the commonwealth’s participation rate in the supplemental nutrition assistance program and other federal nutrition programs; provided, that funds may be expended for a grant with Project Bread-The Walk for Hunger, Inc.; provided further, that the work of department employees paid for from this item shall be restricted to processing supplemental nutrition assistance program applications; provided further, that the department shall not require supplemental nutrition assistance program applicants to provide re-verification of eligibility factors previously verified and not subject to change; provided further, that the department shall fund a unit staffed by department employees to respond to supplemental nutrition assistance program inquiries, and arrange for and conduct telephone interviews for initial supplemental nutrition assistance program applications from this item; provided further, that the department shall fund a system to image and catalogue eligibility documents electronically from this item; and provided further, that funds shall be expended for supplemental nutrition assistance program outreach $3,381,632

4400-1025For domestic violence specialists at local area offices$726,455

4400-1100For the payroll of the department’s caseworkers; provided, that only employees of bargaining unit 8 shall be paid from this item $54,386,089

4401-1000For employment and training services, including support services, for recipients of benefits provided under the transitional aid to families with dependent children program; provided, that funds from this item may be expended on former recipients of the program for up to 1 year after termination of their benefits; provided further, that on or before December 1, 2010, the department shall file with the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities a proposal and spending plan relative to how equitably and cost efficiently to provide transportation assistance during fiscal year 2012 to recipients of transitional aid to families with dependent children who are working or attending an education or training program and to former recipients who are working during the first year after their benefits terminate, subject to appropriation; provided further, that funds shall be expended for the Young Parents Program; and provided further, that certain parents who have not yet reached the age of 18 years, 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 eligible to receive services $15,979,163

4403-2000For 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 2010 unless the department determines that a reduction in the monthly payment standard should be implemented before the end of the fiscal year to keep program expenditures within the amounts appropriated in this item; 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 subsection (e) of section 110 of chapter 5 of the acts of 1995, or any successor statute, shall be 2.75 per cent below the otherwise applicable payment standard, in fiscal year 2011, pursuant to the state plan required under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; provided further, that the department shall notify parents under the age of 20 receiving benefits from the program of the requirements found in clause (2) of subsection (i) of said section 110 of said chapter 5 of the acts of 1995, or any successor statute; 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 2010; provided further, that the children’s clothing allowance shall be included in the standard of need for the month of September 2010; provided further, that benefits under this program shall not be available to those families in which a child has been removed from the household pursuant to a court order after a care and protection hearing under chapter 119 of the General Laws, 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 children and families 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 the payments are to be made or within the 3 month period after the month of payment, and who, if the child had been born and was living with such woman 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 the loss; provided further, that the department shall review its disability standards to determine the extent to which they reflect the current medical and vocational criteria and report on the proposed revisions by December 1, 2010, to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the results of that review before any changes to the standards are proposed; 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 at the time of application and 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 and transitional benefits; provided further, that the notice shall further advise recipients of the availability of supplemental nutrition assistance program 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 detailed and comprehensive report setting forth the text of, basis, and reasons for the proposed changes; and provided further, that the report shall state the department’s most accurate assessment of the probable effects of benefit or eligibility changes upon recipient families $316,165,900

4403-2119For the provision of structured settings as provided in subsection (i) of section 110 of chapter 5 of the acts of 1995, or any successor statute, for parents under the age of 20 who are receiving benefits under the transitional aid to families with dependent children program $6,576,576

4405-2000For 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 $224,184,854

4408-1000For 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 the aid under chapter 117A of the General Laws and regulations promulgated by the department and subject to the limitations of appropriation therefore; provided, that benefits under this item shall only be provided to residents who are citizens of the United States or qualified aliens or non-citizens 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 individual shall not be a subject to sponsor income deeming or related restrictions; 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 such individuals’ capacity to support themselves 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 said chapter 118 and under said 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 adopt 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 to the contrary, 60 days before implementing any eligibility or benefit changes, 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 $88,243,284

OFFICE OF HEALTH SERVICES.

Department of Public Health.

4510-0040For the department of public health; provided, that the department may expend for the regulation of all pharmaceutical and medical device companies that market their products in Massachusetts an amount not to exceed $500,000 from fees assessed under chapter 111N of the General Laws; and 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 $500,000

4510-0100For the administration and operation of the department, including the personnel support of programmatic staff within the department, including the health statistics program, the operation of the registry of vital records and statistics, and the Massachusetts Cancer Registry $17,981,355

4510-0110For community health center services$915,840

4510-0600For 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 bureau of environmental health assessment pursuant to chapter 111F of the General Laws, the ‘Right-to-Know’ law; provided, that the department shall file a report with the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing, on the status of local health inspections of food establishments, consistent with the department of public health food safety regulations and a report on the current waiting list for indoor air inspections by October 1, 2010; provided further, that $195,000 shall be expended for the purpose of the continuation of 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 June 1, 2011; and provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the environmental risk assessment shall be assessed upon the Massachusetts Port Authority and paid within 30 days after receipt of notice of such assessment from the commissioner of public health $3,176,362

4510-0615For the department, which may expend not more than $180,000 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 an additional $1,497,865 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 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 for the most recent revenue estimate as reported in the state accounting system $1,677,865

4510-0616For the department which may expend not more than $1,343,703 for a drug registration and monitoring program from revenues collected from fees charged to registered practitioners, including physicians, dentists, veterinarians, podiatrists and optometrists for controlled substance registration; provided, that funds may be expended from this item for the costs of personnel; and 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 $1,343,703

4510-0710For 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 investigators shall conduct investigations of abuse, neglect, mistreatment and misappropriation; 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 in the office of the attorney general; 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 care giving and the culture of workforce retention within the facilities and shall focus on systemic ways to reduce deficiencies; and provided further, that services funded through this item shall include, but not be limited to: education, training, intervention, support, surveillance and evaluation $6,773,156

4510-0712For the department of public health; provided, that the department may expend not more than $538,646 in revenues collected from the licensure of health facilities for program costs of the division of health care quality; provided further, 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 lesser of this authorization or the most recent revenue estimate therefore as reported in the state accounting system $1,338,646

4510-0715For the operation of a center for primary care recruitment and placement to improve access to primary care services; provided, that funds may be expended for primary care workforce development and loan forgiveness grant program $157,000

4510-0716For the operation of an evidence-based outreach and education program designed to provide information and education on the therapeutic and cost-effective utilization of prescription drugs to physicians, pharmacists and other health care professionals authorized to prescribe and diagnose prescription drugs $93,000

4510-0721For the operation and administration 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 these 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; and provided further, that the board shall submit the 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 public health by January 4, 2011 $1,012,726

4510-0722For the operation and administration 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 these 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; and provided further, that the board shall submit the 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 by January 4, 2011 $247,908

4510-0723For the operation and administration of the board of registration in 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 such 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 a patient or a 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, 2011, 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 registration in nursing and pharmacy $1,286,813

4510-0725For the operation and administration of certain health boards of registration, including the boards of registration in dentistry, nursing home administrators, physician assistants, perfusionists, genetic counselors and respiratory care $347,904

4510-0726For the board of registration in medicine, including the physician profiles program; provided, that the board may expend revenues not to exceed $300,000 from new revenues associated with increased license and renewal fees $300,000

4510-0790For regional emergency medical services; provided, that no funds shall be expended in the AA object class; and provided further, that the regional emergency medical services councils, designated under 105 CMR 170.101 and the C-MED medical emergency communications centers that were in existence on January 1, 1992, shall remain the designated councils and C-MED communications centers $955,855

4510-0810For a statewide sexual assault nurse examiner program and pediatric sexual assault nurse examiner program for the care of victims of sexual assault; provided, that funds shall be expended to support children’s advocacy centers; and provided further, that the program shall operate under specific statewide protocols and by an on-call system of nurse examiners $3,460,740

4512-0103For human immunodeficiency virus and acquired immune deficiency syndrome services and programs and related services for persons affected by the associated conditions of viral hepatitis and sexually transmitted infections; provided, that particular attention shall be paid to direct funding proportionately to each of the demographic groups afflicted by HIV/AIDS and associated conditions; and provided further, that no funds from this item shall be expended for disease research in fiscal year 2011 $34,097,810

4512-0106For the department of public health which may expend for the human immunodeficiency virus and acquired immune deficiency syndrome drug assistance program an amount not to exceed $1,500,000 from revenues received from pharmaceutical manufacturers participating in the section 340B rebate program of the Public Health Service Act, administered by the federal Health Resources and Services Administration and Office of Pharmacy Affairs $1,500,000

4512-0200For the division of substance abuse services, including a program to reimburse driver alcohol education programs for services $74,515,802

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4512-0201For substance abuse step-down recovery services, otherwise known as level B beds and services, and other critical recovery services with severely reduced capacity; provided, that no funds shall be expended in the AA object class; and provided further, that the department shall submit quarterly to the house and senate committees on ways and means a report on the number of individuals served by the step-down recovery services program $4,800,000

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4512-0202For pilot jail diversion programs primarily for nonviolent offenders with OxyContin or heroin addiction to be procured by the department of public health; provided, that each program shall have at least 60 beds and shall provide clinical assessment services to the respective courts, inpatient treatment for up to 90 days and ongoing case management services for up to 1 year; provided further, that individuals may be diverted to this or other programs by a district attorney in conjunction with the office of the commissioner of probation if: (a) there is reason to believe that the individual being diverted suffers from an addiction to OxyContin or heroin, or other substance use disorder; and (b) the diversion of an individual is clinically appropriate and consistent with established clinical and public safety criteria; provided further, that programs shall be established in separate counties in locations deemed suitable by the department of public health; provided further, that the department of public health shall coordinate operations with the sheriffs, the district attorneys, the office of the commissioner of probation and the department of correction; provided further, that not more than $500,000 shall be used to support the ongoing treatment needs of clients after 90 days for which there is no other payer; and provided further, that not later than August 1, 2010, the department of public health shall provide a report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means as to the outcomes of the program and the cost of operations $6,000,000

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4512-0203For family intervention and care management services programs, a pilot young adult treatment program, and early intervention services for individuals who are dependent on or addicted to alcohol or controlled substances or both alcohol and controlled substances. $1,500,000

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4512-0225For the department of public health which may expend not more than $1,000,000 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; 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 lesser of this authorization or the most recent revenue estimate therefor as reported in the state accounting system $1,000,000

4512-0500For dental health services; provided, that funds shall be expended to maintain a program of dental services for the developmentally disabled; and provided further, that funds may be expended for the Forsyth Institute’s Center for Children’s Oral Health $1,424,477

4513-1000For the provision of family health services; provided, that funds shall be provided for comprehensive family planning services, including HIV counseling and testing, community-based health education and outreach services provided by agencies certified as comprehensive family planning agencies; and provided further, that funds may be expended for the Massachusetts birth defects monitoring program $4,655,623

4513-1002For women, infants and children’s, WIC, nutrition services in addition to funds received under the federal nutrition program; provided, 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 $12,465,134

4513-1012For the department of public health which may expend not more than $23,600,000 from revenues received from the federal cost-containment initiatives including, but not limited to, infant formula rebates; provided, 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system $23,600,000

4513-1020For the early intervention program; provided, 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 third party payers for early intervention services for the following services categories: home visit, center-based individual, child-focused group, parent-focused group and 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 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 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 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 early intervention services funded in this item; provided further, that the department shall provide written notification to the senate and house committees on ways and means 90 days prior to any change to its current eligibility criteria; and provided further, that these funds may be used to pay for current and prior year claims $26,997,264

4513-1023For the universal newborn hearing screening program; provided, 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 $71,497

4513-1026For the provision of statewide and community-based suicide prevention, intervention, post-intervention and surveillance activities and the implementation of a statewide suicide prevention plan; provided, that funds may be expended for a program to address elder suicide behavior and attempts with the Geriatric Mental Health Services program within the department of elder affairs; provided further, that funds may be expended for a Veterans in Crisis Hotline; provided further, that the hotline shall be for the use of veterans who seek counseling programs operated by the department of veterans affairs and/or concerned family members of those veterans so that they may be directed towards the programs and services offered by their local or regional Veterans Affairs office; and provided further, that the hotline shall be staffed by counselors or outreach programs contracted by the department and trained in issues of mental health counseling and veterans services; and provided further, that the SAVE Team in the department of veterans’ services for suicide prevention and intervention services shall receive an amount that is not less than the amount it received in fiscal year 2010.$3,228,120

4513-1111For the promotion of health and disease prevention including, but not limited to, the following programs: breast cancer prevention; diabetes screening and outreach; ovarian cancer screening; a statewide STOP stroke program and ongoing stroke prevention and education; hepatitis C prevention and management; multiple sclerosis screening, information, education and treatment programs and the Multiple Sclerosis Home Living Navigating Key Services program administered by the Greater New England Chapter of the National Multiple Sclerosis Society; colorectal cancer prevention; prostate cancer screening, education and treatment with a particular focus on African American males; osteoporosis education; maintenance of the Amyotrophic Lateral Sclerosis registry created pursuant to section 25A of chapter 111 of the General Laws; and maintenance of the statewide lupus database; provided, that funds may be expended for the Betsy Lehman Center $6,300,000

4513-1130For domestic violence and sexual assault prevention and victim services, including batterers’ intervention and services for immigrants and refugees; provided, that funds shall be expended for rape prevention and victim services, including the statewide Spanish language hotline; and provided further, that funds shall be expended for the public health model of community engagement and intervention services for crisis housing for sexual violence and intimate partner violence in the gay, lesbian, bisexual and transgender community; and provided further, that monies may be expended for the classroom-based domestic violence prevention education program administered in item 0340-0900 in fiscal year 2009 $5,908,264

4516-0263For the department of public health; provided, that the department may expend not more than $1,442,468 in revenues from blood lead testing fees collected from insurers and individuals for the purpose of conducting such tests; 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 lesser of this authorization or the most recent revenue estimate therefor, as reported in the state accounting system $1,442,468

4516-1000For 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 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; and provided further, that funds from this item may be expended for the purchase of equipment for the drug laboratory at the state laboratory institute $13,293,542

4516-1010For state matching funds required by the Pandemic and All-Hazards Preparedness Act $2,267,426

4516-1022For the department of public health; provided, that the department may expend not more than $300,000 generated by fees collected from insurers for tuberculosis tests performed at the state laboratory institute; provided further, that revenues collected may be used to supplement the costs of said laboratory; and 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system $300,000

4518-0200For the department which may expend not more than $400,000 generated by fees collected from the following services provided at the registry of vital records and statistics: amendments of vital records, requests for vital records not issued in person at the registry, requests for heirloom certificates 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; provided further, that the registrar of vital records and statistics shall exempt from payment of a fee any person requesting a verification of birth for the purpose of establishing eligibility for Medicaid; and 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 lesser of this authorization or the most recent revenue estimate, as reported in the state accounting system $400,000

4530-9000For teenage pregnancy prevention services; provided, 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 the community service plans; provided further, that funding shall be expended on those communities with the highest teen birth rates according to an annual statistical estimate conducted by the department; provided further, that funds shall be expended on programming directed at children under the care of the department of children and families who are at high risk for teenage pregnancy; provided further, that the department shall collaborate with the department of children and families on this programming; and provided further, that the department of public health shall report to the house and senate committees on ways and means not later than March 1, 2011, detailing the grant amount awarded to each recipient $2,448,327

4570-1502For the purposes of implementing a statewide infection prevention and control program $319,052

4580-1000For the operation of the universal immunization program; provided, 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; provided further, that notwithstanding any general or special law to the contrary, the costs of purchasing and distributing childhood vaccines for children in this item may be assessed, in an amount not less than the amount assessed in fiscal year 2010, on surcharge payers under section 38 of chapter 118G of the General Laws and may be collected in a manner consistent with said chapter 118G. $51,110,777

4590-0250For school health services and school-based health centers in public and non-public schools; provided, that services shall include, but not be limited to: (a) strengthening the infrastructure of school health services in the areas of personnel, policy development, programming and interdisciplinary collaboration; (b) developing linkages between school health services programs and community health providers; (c) incorporating health education programs, including tobacco prevention and cessation activities in school curricula and in the provision of school based health services; and (d) 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 the services shall meet standards and eligibility guidelines established by the department in consultation with the department of elementary and secondary education; provided further, that funds may be expended for the support of the commission on gay, lesbian, bisexual and transgender youth, established in section 67 of chapter 3 of the General Laws, and may be used to address the recommendations of the commission for reduction of health disparities for gay, lesbian, bisexual and transgender youth; and provided further, that funds shall be expended for school nurses and school based health center programs; and provided further, that funds shall be expended for school nurse programs in an amount not less than that expended in fiscal year 2010; and provided further, that funds may be expended for the Massachusetts Model of Community Coalitions $11,724,925

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4590-0300For smoking prevention and cessation programs$4,501,077

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

4590-0912For the department of public health, which may expend an amount not to exceed $15,650,079 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 charge-backs 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 payment under the medical assistance program administered by the executive office of health and human services pursuant to chapter 118E of the General Laws for all goods and services provided by the hospital in accordance with all federal requirements; 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 of 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 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 lesser 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 in this item $16,400,049

4590-0913For the department of public health which may expend not more than $500,000 for payments received for those services provided by the Lemuel Shattuck hospital to inmates of county correctional facilities; provided, 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 lesser of this authorization or the most recent revenue estimate as reported in the state accounting system $500,000

4590-0915For the maintenance and operation of Tewksbury hospital, Massachusetts hospital school, Lemuel Shattuck hospital and the hospital bureau, including the state office of pharmacy services; provided, 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 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; provided further, that the Massachusetts Hospital School shall maintain not less than 120 beds for clients in its inpatient setting; 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 $139,429,106

4590-0917For the department of public health; provided, that the department may expend an amount not to exceed $4,160,000 from payments received from the vendor managing health services for state correctional facilities for inmate medical services provided by the Lemuel Shattuck hospital; provided further, that the payments may include capitation payments, fee for service payments, advance payments and other compensation arrangements established by contract between the vendor and the hospital; 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 $4,160,000

4590-1503For the pediatric palliative care program established in section 24K of chapter 111 of the General Laws $788,614

4590-1506For a competitive grant program to be administered by the department of public health to support the establishment of a comprehensive youth violence prevention program; provided, that eligibility shall be determined by the criteria set forth in item 4590-1506 of section 2 of chapter 182 of the acts of 2008; provided further, that no grants shall be awarded to law enforcement agencies; provided further, that the department of public health shall report to the house and senate committees on ways and means and the executive office of administration and finance not later than November 1, 2010, detailing the grant amount awarded to each recipient and a description of each grant; and provided further, that each grant recipient shall provide the department of public health with a comprehensive list of best practices that have been instituted as a result of these grants $1,504,000

4590-1507For matching grants to the Massachusetts Alliance of Boys & Girls Clubs and the Alliance of Massachusetts YMCA’s; provided, that the department shall award the full amount of each grant to each organization upon commitment of matching funds from the organization $1,360,000

OFFICE OF CHILDREN, YOUTH AND FAMILY SERVICES.

Department of Children and Families.

4800-0015For central and area office administration; provided, that the associated expenses of employees whose AA and DD 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 if placement of a child with someone other than a parent becomes necessary, the department shall place the highest priority on identifying a family resource within the child’s kinship or family circle and shall provide services and support to partner with the family resource in meeting the child’s needs; provided further, that the department, in consultation with the department of mental health, shall 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; provided further, that the department and the department of early education and care shall provide standards for early education and care placements made through the supportive child care program; provided further, that the department of children and families, in collaboration with the department of early education and care, shall maintain a centralized list detailing the number of children eligible for supportive child care services, the number of supportive slots filled and the number of supportive slots available; provided further, that no waiting list for the services shall exist; provided further, that all children eligible for services under item 3000-3050 shall receive said services; provided further, that notwithstanding any general or special law to the contrary, the department shall not reduce recoupment amounts recommended by the state auditor; provided further, that by October 1, 2010, the department shall issue draft revised regulations for public comment which shall insure that the department maintains an independent, timely and fair administrative hearings system and shall issue final regulations by December 1, 2010; provided further, that not later than October 1, 2010, the department shall; (a) revise its procedures to ensure that newly requested administrative hearings are scheduled and decided upon on a timely basis; and (b) submit to the joint committee on children, families and persons with disabilities a plan for eliminating its backlog of administrative hearing requests; provided further, that the plan shall identify the number of fair hearing requests that were pending as of July 1, 2010, and shall set quarterly benchmarks for elimination of the backlog; provided further, that the department shall employ not less than 1 full-time board-certified physician; provided further, that the department shall employ not less than 4 full-time board certified or board eligible child psychiatrists to serve the area offices; provided further, that hiring and supervision shall be done in conjunction with the department of mental health; provided further, that such physicians shall collaborate with the department’s social workers; provided further, that not later than February 15 of the current fiscal year, the department shall provide to the house and senate committees on ways and means and the joint committee on children and families a report detailing the number of medical and psychiatric personnel currently employed by or under contract with the department; provided further, that the report shall include the number of foster care reviews conducted by the department and the average length of time in which each review is completed; provided further, that the report shall contain the number of the department’s contracts reviewed by the state auditor and the number of corrective action plans issued; provided further, that the report shall also include the number of corrective action plans entered into by the department; provided further, that the report shall include the number of social workers and supervisors who have earned a bachelors’ or masters’ degree in social work; provided further, that the report shall include the total number of social workers and the total number of social workers holding licensure, by level; provided further, that the comptroller shall act in accordance with item 1000-0001 if the report, with all of its components, is not filed within 10 days of the stated due date; provided further, that the department shall file a report on the first business day of each month to the senate and house committees on ways and means and the joint committee on children and families on the caseload of the department; provided further, that caseloads provided in this report shall include: residential placements, group care, foster care, therapeutic foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of children who die in the care and custody of the department, the number of children currently eligible for supportive child care and the number of children presently receiving supportive child care, and the number of medical and psychiatric consultation requests made by the department’s social workers; provided further, that the report shall include the number of approved foster care placements; provided further, that the report shall also include the number of children in psychiatric hospitals and community-based acute treatment programs who remain hospitalized beyond their medically-necessary stay while awaiting placement and the number of days each case remains in placement beyond that which is medically-necessary; provided further, that the report shall include the number of children under the department of children and families care and custody who are being served in medical or psychiatric care provided through other publicly-funded sources; provided further, that the report shall also contain the number of children served by supervised visitation centers and the number of those children who are reunified with their families; provided further, that the report shall contain information on the total number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; provided further, that the report shall also contain, for each area office, the number of kinship guardianship subsidies provided in the month covered by the report, and the number of kinship guardianship subsidies provided in that month for which federal reimbursement was received; provided further, that the report shall also contain, for each area office, the total spending on services other than case management services provided to families for the purposes of keeping a child with his parents or reunifying the child with his parents, spending by type of the service, and the unduplicated number of families that receive the services; provided further, that the report shall also contain for each area office, the total number of families in the month residing in shelter paid for by the department, a list of where the families are sheltered, the total cost and average cost per family of those shelters, and a description of how the department determines who does or does not qualify for shelter; provided further, that the report shall include, for each area office, broken down by type of service, the number of requests for voluntary services, whether the request was approved or denied, the reasons for denying the service, and what, if any, referrals were made for services by other agencies or entities; provided further, that the report shall also contain the number of families receiving multiple 51A reports within a 10-month period, the number of cases reopened within 6 months of being closed and the number of children who return home and then re-enter an out-of-home placement within 6 months; provided further, that not later than November 2, 2010, the department shall submit a report to the house and senate committees on ways and means and the chairs of the joint committee on children and families that includes any rules, regulations, or guidelines established by the department to carry out its duties pursuant to chapter 119 of the General Laws, including, but not limited to (a) criteria used to determine whether a child has been abused or neglected; (b) guidelines for removal of a child from the home; and (c) standards to determine what reasonable efforts are made to keep a child in the home; provided further, that the commissioner of the department of children and families may transfer funds between items 4800-0030, 4800-0038, and 4800-0041, 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; and provided further, that not more than 5 per cent of any item shall be transferred in fiscal year 2011 $68,680,077

4800-0016For the department of children and families which 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 and 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 the department of children and families 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 aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs $2,000,000

4800-0025For foster care review services$2,671,274

4800-0030For the continuation of local and regional administration and coordination of services provided by lead agencies through purchase-of-service contracts; provided, that flex services man dated by this item and provided by these agencies shall be funded from this item; and provided further, that funding shall only be expended in the MM object class $10,858,037

4800-0036For a sexual abuse intervention network program to be administered in conjunction with the district attorneys $697,508

4800-0038For stabilization, unification, reunification, permanency, adoption, guardianship and foster care services provided by the department of children and families; 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 fire setter programs; provided further, that the regional offices shall work with the contracted entities for children placed in the intensive foster care system and with the receiving communities of these children to ensure all necessary services are provided; provided further, that funding may be expended on the young parent support program, supervised visitation programs, children’s advocacy centers, services for child victims of sexual abuse and assault, family support and stabilization services, and community-based support and education programs helping low-income, female-headed families break the cycle of poverty; and provided further, that funds may be expended on programs that received funding in fiscal year 2010 $295,282,464

4800-0041For group care services; provided, that funds may be expended from this item to provide intensive community-based services, including intensive in-home support and stabilization services, to children who would otherwise be placed in residential settings; and provided further, that the department shall oversee 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 $205,419,166

4800-0091For the department of children and families which may expend not more than $2,100,000 in federal reimbursements received under Title IV-E of the Social Security Act during fiscal year 2011 for the purposes of developing a training institute for professional development at the department of children and families 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 lesser 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 $2,100,000 shall be credited to the General Fund $2,100,000

4800-0151For a program to provide alternative overnight non-secure 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, as amended; provided, that the programs which provide the alternative non-secure 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 $270,919

4800-1100For the AA and DD 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; and 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 $155,572,202

4800-1400For 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, 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; and provided further, that domestic violence prevention specialists shall be funded from this item $21,297,188

OFFICE OF HEALTH SERVICES.

Department of Mental Health.

5011-0100For the operation of the department; provided, that the department shall take no steps to terminate any acute inpatient services, partial hospitalization program or outpatient medication clinic at the John C. Corrigan Mental Health Center or the partial hospitalization program at the Pocassett Mental Health Center until a study of any reduction or elimination of services shall be completed, and the General Court shall have approved by law any such reductions or closing; provided further, that the secretary of administration and finance shall conduct a study which shall examine the costs, benefits and quality of maintaining said programs and shall identify alternative methods of providing the services currently provided by Corrigan Mental Health Center in Greater Fall River and the Pocassett Mental Health Center in Bourne; provided further, that the said secretary shall report in writing on the findings and recommendations of said study to the house and senate committee on ways and means and the joint committee on mental health and substance abuse not later than April 15, 2011 $27,441,982

5042-5000For 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 not refer or discharge a child or adolescent to the custody or care of the department of children and families until the department of mental health forwards its assessment and recommendation as to whether the child or adolescent is appropriate for foster care or, due to severe emotional disturbance, is more appropriate for group care; and provided further, that funds may be expended for the Child Psychiatry Access Project $72,173,509

5046-0000For 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 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 2011, not later than February 1, 2011 $325,755,802

5046-2000For homelessness services$20,134,424

5046-4000For the department of mental health; provided, that the department 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; and provided further, that all fees collected under that program shall be expended for the routine maintenance and repair of facilities in the CHOICE program including the costs of personnel $125,000

5047-0001For 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; provided further, that the department shall require a performance specification to be developed for safe aftercare options for adults upon release from acute inpatient mental health care services; 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 $34,122,197

5055-0000For forensic services provided by the department; provided, that funds may be expended for juvenile court clinics $8,081,928

5095-0015For the operation of hospital facilities and community-based mental health services; provided, that in order to comply with the decision in Olmstead v. L.E. 527 U.S. 581 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: (a) the client is deemed clinically suited for a more integrated setting; (b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (c) 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 the department may allocate funds in an amount not to exceed $5,000,000 from this item to item 5046-0000, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at the centers and facilities; and provided further, that the department of mental health shall notify the joint committee on mental health and substance abuse and the house and senate committees on ways and means 60 days prior to the closure of any inpatient state hospital beds or community mental health programs $143,900,803

Department of Developmental Services.

5911-1003For the administration and operations of the department of developmental services; provided, that the department shall not charge user fees for transportation or community day services; and 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 $62,866,194

5911-2000For 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 $11,641,431

5920-2000For vendor-operated, community-based, residential adult services, including intensive individual supports; provided, that annualized funding shall be expended for turning 22 clients who began receiving the services in fiscal year 2010 pursuant to item 5920-5000 of section 2 of chapter 27 of the acts of 2009; provided further, that the commissioner of the department of developmental services 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 the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer; and provided further, that not more than $5,000,000 shall be transferred from this item in fiscal year 2011 $720,703,042

5920-2002For court monitor costs in compliance with the terms of the Rolland settlement agreement, dated June 16, 2008, Civil Action No. 98-30208-KPN, filed in the United States District Court of Massachusetts in order to provide active services for class members $400,000

5920-2010For state-operated, community-based, residential services for adults, including community-based health services; 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 $145,583,697

5920-2025For community-based day and work programs for adults$116,267,971

5920-3000For respite services and intensive family supports; provided, that the department shall maximize federal reimbursement, whenever possible under federal regulation $45,004,298

5920-3010For contracted support services for families with autistic children through the autism division at the department of developmental services; provided, that funds shall be expended for the purposes of providing services under the Children’s Autism Spectrum Disorder Waiver; provided further, that the department shall expend not less than the amount authorized in fiscal year 2010 on the Children’s Autism Spectrum Disorder Waiver; provided further, that at a minimum, this waiver shall include children with autism spectrum disorder ages 0 to 8, inclusive, including children with autism spectrum disorder ages 0 to 3, inclusive, receiving services through the department of public health’s early intervention program; provided further, that the income eligibility for the waiver shall not be any lower than MassHealth standard income eligibility for children; provided further, that the department shall take all steps necessary to ensure that eligible children with autism immediately begin to receive services pursuant to such waiver; provided further, that the department shall immediately file any waiver amendments necessary to comply with the requirements of this item with the Centers for Medicare and Medicaid services; provided further, that the department shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities on the number of contracted support services provided for families with autistic children under this item and the costs associated with such services, not later than January 4, 2011; provided further, that such report shall include, but not be limited to, the services provided by the Children’s Autism Spectrum Disorder Waiver, with information regarding the number of children enrolled in the waiver and receiving services, linguistic and cultural diversity, age, gender and geographic representation of the applicants and the children enrolled in the program, and department plans to continue to assess the demand for waiver services, any executive office of health and human services plans to expand the waiver for children on the autism spectrum of all ages in the future and any other information determined relevant by the department; and provided further, that the department shall submit copies of any amended waiver to the house and senate committees on ways and means, the joint committee on education and the joint committee on children, families and persons with disabilities upon submission of the amendment $4,130,229

5920-5000For services to clients of the department who turn 22 years of age during state fiscal year 2011; provided, that the department shall report to the house and senate committees on ways and means not later than January 4, 2011, 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 $5,000,000

5930-1000For the operation of facilities for individuals with intellectual disabilities; provided, that in order to comply with the decision in Olmstead v. L.E. 527 U.S. 581 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 individuals with intellectual disabilities, in this item called 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: (a) the client is deemed clinically suited for a more integrated setting; (b) community residential service capacity and resources available are sufficient to provide each client with an equal or improved level of service; and (c) 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 may allocate funds from this item to items 5920-2000, 5920-2010, and 5920-2025, as necessary, under allocation plans submitted to the house and senate committees on ways and means 30 days before any transfer, for residential and day services for clients formerly receiving inpatient care at ICF/MRs; 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; provided further, that the department shall take no action to reduce the client population of the Glavin Regional Center, the Monson Development Center and the Templeton Development Center, including intensive individual supports, for the purpose of closing those state institutions until a study of such reductions or closings by the secretary of administration and finance shall be completed and the general court shall have approved by law any such reductions or closings; provided further, that the study shall examine the costs and benefits of maintaining the institutions and shall identify alternative methods of providing the services currently provided by those institutions; provided further, that the study shall identify the number and names of all private non-profit vendors who contract with the department to provide direct care in the community, the amount of state and federal resources paid to those vendors in fiscal years 2008, 2009 and 2010 and the amount of clients served by these private non-profit vendors in each of those fiscal years; provided further, that nothing in this item shall preclude an individual from exercising his rights to transfer to a community-based residential placement either state or vendor operated; provided further, that the secretary shall report its findings in and its recommendations to the house and senate committees on ways and means not later than January 1, 2011; provided further, that the department shall not close the Fernald Development Center until a report is submitted to the house and senate committees on ways and means detailing the prospective costs and benefits of maintaining the facility and provided further, that at least 3 months prior to closing each of the aforementioned ICF/MRs, the secretary of housing and economic development or his designee and the commissioner of capital asset management and maintenance or his designee shall meet jointly with affected municipal officials and produce a plan for the timely demolition of buildings, remediation of hazardous materials and future use of the property, including disposition by the commonwealth for redevelopment or conservation, if appropriate $150,208,702

5982-1000For the department of developmental services; provided, that the department may expend not more than $150,000 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; 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 therefore as reported in the state accounting system $150,000

Board of Library Commissioners.

7000-9101For the operation of the board of library commissioners$938,042

7000-9401For 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 considers 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; and provided further, that notwithstanding any general or special law to the contrary, in calculating the fiscal year 2011 distribution of funds appropriated in this item, the board of library commissioners shall employ population figures used to calculate the fiscal year 2010 distribution; and provided further, that the board shall provide funds for the continued operation of a single regional library system to serve the different geographic regions of the commonwealth and requiring that physical locations be maintained in both eastern and western Massachusetts to serve the residents of those regions; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010$8,781,475

7000-9402For the talking book library at the Worcester public library$421,143

7000-9406For the Braille and talking book library at Watertown, including the operation of the machine lending agency $2,241,016

7000-9501For 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 3 years immediately preceding; provided further, that notwithstanding any general or special law to the contrary, the board of library commissioners may grant 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 2011 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, the library incentive grant program and the nonresident circulation offset program; and provided further, that any payment made under this item shall be deposited with the treasurer of the city or town and held in a separate account and shall be expended by the public library of that city or town without appropriation, notwithstanding any general or special law to the contrary $6,823,657

7000-9506For the technology and automated resource sharing networks $1,929,238

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT.

Office of the Secretary.

7002-0010For the operation of the office of the secretary of housing and economic development and the Massachusetts business-to-business program; 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; and provided further, that a report shall be submitted to the house and senate committees on ways and means not later than January 31, 2011, which shall include, but not be limited to, the following: (1) the number of businesses that have used the Massachusetts business-to-business program in fiscal year 2011, including both businesses located in the commonwealth and those that were attracted to the commonwealth by the program; (2) the number of jobs the commonwealth has retained as a result of the funding of this program; and (3) the amount of private investment that has occurred as a result of the funding of this program $434,216

7002-0014For the Massachusetts international trade office in the Massachusetts marketing partnership and for general marketing of the commonwealth $100,000

Massachusetts Tourism Fund…100%

7002-0016For the office of travel and tourism in the Massachusetts marketing partnership $2,205,493

Massachusetts Tourism Fund…100%

7002-0017For the provision of information technology services within the executive office of housing and economic development, including the homeless management information system $2,067,930

7002-0019For the services and operations of the Massachusetts cultural council, including grants to or contracts with public and non-public entities; provided, that the council shall exist under the Mass Marketing Partnership, but shall not be subject to its control; provided further, 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 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 schoolchildren, does not apply the same terms and conditions to all such schoolchildren; 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 $6,249,712

Department of Housing and Community Development.

7004-0001For the commission on Indian affairs$99,010

7004-0099For 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 under 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 these 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 shall 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, 7004-9024, 7004-9030, 7004-9033, 7004-9316 and items 7004-9009, 7004-9014, 7004-9019, 7004-9020 of section 2D; provided further, that as a condition of eligibility or continued occupancy by an applicant or a tenant, the department may require disclosure of the social security number of an applicant or tenant and members of the applicant’s or tenant’s household for use in verification of income eligibility; provided further, that the 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 the department may also consult with the department of revenue, the department of transitional assistance or any other state or federal agency to conduct this income verification; provided further, that notwithstanding any general or special law to the contrary, these state agencies shall consult and cooperate with the department and furnish any information in the possession of the agencies including, but not limited to, tax returns and applications for public assistance or financial aid; provided further, that for the purposes of conducting this income verification, the director of the 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 federally assisted housing programs and that of members of the participants’ households; and provided further, that for the purposes of clarification only, notwithstanding section 12 of chapter 490 of the acts of 1980, the department may authorize neighborhood housing services corporations to retain, re-assign and reloan funds received in repayment of loans made under the neighborhood housing services rehabilitation program and provided further, that the department shall, not later than September 1, 2010, promulgate regulations clarifying that a household that otherwise qualifies for any preference or priority for state subsidized housing or rental assistance based on homeless or at-risk status shall retain that preference or priority notwithstanding receipt of rental assistance that is intended to be temporary including, but not limited to, any temporary or bridge subsidies provided with state or federal funds

$6,895,257

7004-0100For the operations of the homeless shelter and services unit, including the compensation of caseworkers and support personnel $5,271,968

7004-0101For certain expenses of the emergency assistance program pursuant to section 30 of chapter 23B of the General Laws as follows: (i) contracted family shelters; (ii) transitional housing that may include temporary rental assistance and stabilization services to bridge families to permanent housing at a lesser cost than shelter; (iii) short-term housing assistance; (iv) programs to reduce and prevent the loss of housing and homelessness; (v) residential education centers for single mothers with children; (vi) intake centers; and (vii) voucher shelters; provided, that eligibility shall be limited to families with income at or below 115 per cent of the 2009 or a later-issued higher federal poverty levelprovided further, however, that any family whose income exceeds 115 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 115 per cent level was exceeded; provided further, that the department shall establish reasonable requirements for such families to escrow a portion of their income; provided further, that the escrowed funds shall be exempt from otherwise applicable asset limits; provided further, that the family may withdraw the amount placed in escrow upon transition to permanent housing or the loss of eligibility for shelter services; provided further, that no emergency assistance expenditures shall be paid from this item unless explicitly authorized; provided further, that eligible households who are approved for shelter placement shall be placed in shelters as close as possible to their home community unless a household requests otherwise; provided further, that 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 the department shall use its best efforts to ensure that a family placed by the emergency assistance program shall be provided with access to refrigeration and basic cooking facilities; 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 benefits changes, the undersecretary shall file with the house and senate committees on ways and means and the clerks of the senate and house of representatives a determination by the secretary of housing and economic development that available appropriations for the program will be insufficient to meet projected expenses and a report setting forth such proposed changes; provided further, that in fiscal year 2011, no such determination and report shall be filed prior to December 5, 2010; 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 in this item; provided further, that not less than $3,500,000 shall be expended from this item to: (i) aid eligible families in finding temporary and permanent housing; (ii) gradually reduce the reliance of the emergency assistance program on hotels and motels; and (iii) more rapidly move families into permanent sustainable housing provided further, that the department shall report quarterly to the house and senate committees on ways and means on the emergency assistance program; and provided further, that the report shall contain the same data required in item 4403-2120 of section 2 of chapter 139 of the acts of 2006; and provided further, said report shall include the number of families served with transitional housing or short-term housing assistance, the nature of such assistance provided, the average cost per family of such assistance, the number of families served who required further assistance at a later date, the type of assistance later required and provided and the current housing stability of each family who received transitional housing or short-term housing assistance within the prior 18 months$116,995,478

7004-0102.. For the homelessness program to assist individuals who are homeless or in danger of becoming homeless, including assistance to organizations which provide shelter, transitional housing and services that help individuals avoid entry into shelter or successfully exit shelter; provided, 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; and provided further, that no funds shall be expended for costs associated with the homeless management information system; and provided further, that organizations which received funds through this item in fiscal year 2010 may receive up to that same funding amount in fiscal year 2011 $37,292,852

7004-0104For the home and healthy for good program operated by the Massachusetts Housing and Shelter Alliance for the purpose of reducing the incidence of chronic homelessness in the commonwealth; provided, that the Massachusetts Housing and Shelter Alliance shall be solely responsible for the administration of this program; provided further, that the Massachusetts Housing and Shelter Alliance shall file a report with the clerks of the house and senate, the undersecretary of the department of housing and community development and the chairs of the house and senate committees on ways and means not later than March 1, 2011, detailing the implementation of this program; and provided further, that the report shall include information on the number of people served, the average cost per participant, the demographics of those served, whether participants have previously received government services and any projected cost-savings in other state-funded programs $1,200,000

7004-3036For housing services and counseling; provided, that funds shall be expended as grants to 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 the department shall submit annual reports to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on housing detailing all expenditures of the program, including each regional housing consumer education center, the total number of persons who received information and referral services, the costs for such services rendered per consumer and the identification of consumer issues and trends; provided further, that the department shall report to the house and senate committees on ways and means not later than March 1, 2011 on possible savings and efficiencies that may be realized through the consolidation of said services; and provided further, that no funds shall be expended from this item in the AA object class for the compensation of state employees $1,495,996

7004-3045For a tenancy preservation program for neutral party consultation services in eviction cases before the housing court department of the trial court for individuals with disabilities and for families with members with disabilities if the disability is directly related to the reason for eviction $250,000

7004-4314For 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 $350,401

7004-9005For 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 under 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 on the effective date of this act, and thereafter, to those persons 60 years of age or older as of June 30, 2010, receiving rental assistance from the Massachusetts rental voucher program; provided further, that the 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 for the compensation of state employees; provided further, that the amount appropriated in this item shall be considered to meet any and all obligations under said sections 32 and 40 of said chapter 121B; provided further, that any new reduced rental units developed in fiscal year 2011 eligible for subsidies under this item shall not cause any annualization that results in an amount exceeding the amount appropriated in this item; provided further, that not less than $2,000,000 shall be expended from this item to fund repairs necessary for the re-occupation of family units vacant for more than 60 days due to repair needs; and provided further, that all funds in excess of normal utilities, operations and maintenance costs may be expended for capital repairs $64,500,000

7004-9024For 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 month’s 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 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 or 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 shall cause it to exceed the appropriation set forth in this item; 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 shall not be limited to, job training, counseling, household budgeting and education, as defined in regulations promulgated by the department and to the extent these programs are available; provided further, that each participant shall be required to undertake and meet these contractually established obligations as a condition for continued eligibility in the program; provided further, that for continued eligibility, each participant shall execute this 12-month contract on or before September 1, 2010, if the participant’s annual eligibility recertification date occurs between June 30, 2010 and September 1, 2010, 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 disabled may be exempted from any obligations unsuitable under particular circumstances; 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, 2010 $35,200,000

7004-9030For the transitional rental assistance program established under 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 months’ rent during any 1 year shall be terminated from the program; provided further, that the department shall pay agencies that administer this 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 percentage 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 payment of utilities is not provided by the unit owner, or, not less than 30 per cent of its income for units if payment of utilities is 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 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 in this item; 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 under 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 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 consistent with said chapter 179, the amount appropriated in this item shall not annualize to more than $4,000,000 in fiscal year 2012; and provided further, that the program shall provide funding for not more than 800 mobile vouchers $3,450,000

7004-9033For rental subsidies to eligible clients of the department of mental health; provided, that the department shall establish the amounts of such subsidies so that payment thereof and of any other commitments from this item shall not exceed the amount appropriated herein $4,000,000

7004-9315For the low-income housing tax credit program; provided, that the department may expend not more than $2,323,853 from revenue collected from fees collected under 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 as reported in the state accounting system $2,323,853

7004-9316For a program to provide assistance for homeless families moving into subsidized or private housing and families at risk of becoming homeless due to a significant reduction of income or increase in expenses; provided, that the amount of financial assistance shall not exceed $2,000 per family; provided further, that funds may be used for security deposits, first and last month’s rent, electric, gas, sewer and water utility payments for utility arrearages incurred on or after December 1, 2007; provided further, that assistance shall be administered by the department through contracts with the regional non-profit housing agencies; provided further, that no 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 a finding that the family experienced a significant reduction of income or increase in expenses and has secured new income or a change in circumstances and that the payment will enable the family to retain its current housing, obtain new housing, or otherwise avoid homelessness; provided further, that in making these findings the agency shall, unless the facts of the case warrant otherwise, 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 these 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; provided further, that the program shall be administered under guidelines established by the department; and provided further, that the department shall provide a status report to the secretary of administration and finance and the house and senate committees on ways and means not later than March 1, 2011, that includes, but is not limited to, all program expenditures, the number of recipients of the funds, the housing status of the recipients before and after receiving assistance, the purposes for which each family used the assistance, the administrative costs and other related costs of the program, including whether such recipient resided or continues to reside in state or federal public housing and any other information necessary to determine the effectiveness of the program $1,000,000

Office of Consumer Affairs and Business Regulation.

7006-0000For the office of the director of consumer affairs and business regulation, including expenses of an administrative services unit $872,258

7006-0043For the office of consumer affairs which may expend for the administration and enforcement of the home improvement contractor program an amount not to exceed $500,000 from the revenue collected from fees for the registration and renewal of home improvement contractor registrations under section 11 of chapter 142A of the General Laws; 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 $500,000

Division of Banks.

7006-0010For the operation of the division of banks; provided, that notwithstanding any general or special law to the contrary, the division shall assess 100 per cent of the amount appropriated in this item, and the associated fringe benefits costs for personnel paid from this item, upon financial institutions which the division currently regulates under section 2 of chapter 167 of the General Laws $12,870,548

7006-0011For the costs incurred by the division of banks associated with licensure of loan originators pursuant to chapter 255F of the General Laws; provided, that the division may expend revenues in an amount not to exceed $2,650,000 from the revenue received from administrative fees associated with the licensure fees and from civil administrative penalties pursuant to said chapter 255F; provided further, that the division may expend from such revenue an amount to be determined by the commissioner of banks as grants for the operation of a pilot program for best lending practices, first-time homeowner counseling for non-traditional loans and 10 or more foreclosure education centers pursuant to section 16 of chapter 206 of the acts of 2007 and that the grants shall be awarded through a competitive application process under criteria created by the division and that no funds shall be expended from this item in the AA object class for the compensation of state employees for such program; 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 commissioner 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 $2,650,000

Division of Insurance.

7006-0020For the operation of the division of insurance, including the expenses of the board of appeal on motor vehicle liability policies and bonds and the associated fringe benefits costs for personnel paid from this item 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 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 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, and the associated fringe costs of personnel paid from 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 general or special law or regulation; and provided further, that such assessment shall be in addition to any and all assessments that the division currently assessed upon such institutions $11,448,908

7006-0029For the operation of the health care access bureau of the division of insurance; provided, that under section 7A of chapter 26 of the General Laws, the full amount appropriated in this item, as well as the associated fringe benefits costs for personnel paid from this item, shall be assessed upon the carriers licensed under chapters 175, 176A, 176B and 176G of the General Laws $1,300,000

Division of Professional Licensure.

7006-0040For 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 $3,010,824

7006-0110For the operation of the state racing commission$1,600,253

7006-0140For distribution to each city and town within which racing meetings are conducted under section 18D of chapter 58 of the General Laws; provided, that said section 18D of said chapter 58 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010$962,000

Division of Standards.

7006-0060For the operation of the division of standards$547,722

7006-0066For the support of the division of standards’ municipal inspection efforts; provided, that up to 12 per cent of the amount appropriated herein may be expended for administrative costs of the division $160,372

7006-0067For the division of standards; provided, that the division may expend for enforcement of weights and measures laws an amount not to exceed $133,751 from revenues received from item pricing violations collected through municipal inspection efforts, and from weights and measures fees and fines collected from cities and towns $133,751

7006-0068For the division of standards; provided, that the division may expend an amount not to exceed $360,000 from revenue received from license fees assessed to owners of motor vehicle repair shops $360,000

Department of Telecommunications and Cable.

7006-0071For the operation of the department of telecommunications and cable; provided, that notwithstanding the second sentence of section 7 of chapter 25C of the General Laws, the assessments levied for fiscal year 2011 under this section shall be made at a rate sufficient to produce 100 per cent of the amount appropriated in this item and the associated fringe benefits costs for personnel paid from this item $2,678,328

Massachusetts Office of Business Development.

7007-0150For a competitive grant program to provide regional economic development services through the awarding of contracts to up to 12 eligible organizations; provided, that if a region is not served by any eligible economic development organization, the director of the Massachusetts office of business development shall transfer funds from this item to item 7007-0300, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the director shall file with the house and senate committees on ways and means 15 days before any such transfer $800,000

7007-0300For the operation of the Massachusetts office of business development, which shall include the operation and support of capital grants programs, including the Massachusetts Opportunity Relocation and Expansion Jobs Capital Program, established in chapter 123 of the acts of 2006; provided, that the operations of the former office of small business and entrepreneurship shall be paid for by this item $1,821,455

7007-0800For 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 25 per cent 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, responding to requests-for-proposals, interpreting bid documents, providing educational workshops and seminars and for the electronic identification and tracking of federal bid opportunities; provided further, that funds expended for the purpose of operating federal procurement technical assistance services within said center shall be subject to the receipt of matching funds from federal or private sources, including the United States Department of Defense; and provided further, that quarterly expenditure reports shall be filed with the house and senate committees on ways and means $1,204,286

7007-0951For the operation of the Commonwealth Zoological Corporation pursuant to chapter 92B of the General Laws; provided, 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 funding in this item may not be transferred through interdepartmental service agreements; and provided further, that the corporation shall report to the house and senate committees on ways and means not later than January 31, 2011, 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 $2,000,000

7007-1000For assistance to regional tourist councils under section 14 of chapter 23A of the General Laws; provided, that notwithstanding any general or special law or rule or regulation 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 $4,500,000

Massachusetts Tourism Fund.............. 100%

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.

Office of the Secretary.

7002-0100For the operation of the executive office of labor and workforce development, including the divisions under the control of the department; provided, that not later than January 3, 2011, the director of workforce development shall submit to the house and senate committees on ways and means a report describing 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, systems for delivery, the costs and the sources of revenue for such services $931,588

7002-0170For the provision of information technology services within the executive office of labor and workforce development $185,070

Department of Workforce Development.

7002-0012For a youth-at-risk program targeted at reducing juvenile delinquency in high risk areas; provided, that these funds may be expended for the development and implementation of a year-round employment program for at-risk youth as well as existing year-round employment programs; provided further, that $500,000 of these funds shall be matched by private organizations; and provided further, that funds shall be available for expenditure through September 1, 2011 $4,000,000

7002-0101For 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 an apprentice shall keep an apprentice identification card on his person during hours of employment; provided further that the apprentice identification card shall contain all information deemed relevant by the department; provided further, that any apprentice who is determined by the deputy director not to be enrolled in related classroom instruction classes shall be paid at the journey level rate for the duration of the public works project; and provided further, that for every week in which an apprentice is employed by a contractor, subcontractor or public body subject to this item, a photocopy of the apprentice's apprentice identification card shall be attached to the records submitted under this item $267,909

7003-0605For the operation and maintenance of the Massachusetts Manufacturing Extension Partnership for the purpose of maintaining and promoting manufacturing as an integral part of the economy of the commonwealth and for programs designed to assist small and mid-sized manufacturing companies $325,000

7003-0701For grants and technical assistance administered by the department of workforce development, under 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 in this item detailing the firms receiving grants, by number of employees, revenues, and industry, to the house and senate committees on ways and means not later than January 14, 2011; provided further, that the report shall include 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 the director shall demonstrate that each dollar expended generates not less than $5 in private investment in job training; and provided further, that grants may be administered by the department of workforce development to recruit and provide career support and workforce development retention of graduate students training for careers in public sector behavioral health service delivery $15,000,000

Workforce Training Fund................. 100%

7003-0702For State Service Corps grants to be administered by the Massachusetts Service Alliance; provided, that funds may be administered by the department of workforce development for the Just-A-Start Corporation to provide training for entry level employment in the biotechnology and medical fields for 30 unemployed, underemployed or displaced workers or persons receiving benefits from transitional aid to families with dependent children ; provided, that funds may be expended for education, career development and employment service programs operated by the Urban League of Eastern Massachusetts $750,000

7003-0803For the one-stop career centers provided that not less than $2,750,000 shall be expended for one-stop centers that were in existence on May 1, 1997, located in the city of Boston, Hampden county and Metro North service delivery areas and any satellite offices of the centers which opened on or before December 1, 1997 $5,500,000

Department of Labor.

7002-0200For 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 $1,750,652

7002-0201For the division of occupational safety; provided, that the division may expend an amount not to exceed $452,850 received from fees authorized under section 3A of chapter 23 of the General Laws and civil fines issued under section 197B of chapter 111 of the General Laws, section 46R of chapter 140 of the General Laws and section 6F1/2 of chapter 149 of the General Laws $452,850

7002-0500For the operation and administrative expenses of the division of industrial accidents; provided, 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 $19,906,544

7002-0900For the operation of the division of labor relations$1,805,890

7002-0901For the division of labor relations which may expend for the operation of the division an amount not to exceed $100,000 from fees collected under section 3B of chapter 7 of the General Laws or section 6 of chapter 150 of the General Laws; provided, that the first $100,000 of such fees collected by the division shall be deposited into the General Fund and any fees collected in excess of $200,000 shall be deposited into the General Fund; and provided further, that notwithstanding any general or special law to the contrary, 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 $100,000

EXECUTIVE OFFICE OF EDUCATION.

Office of the Secretary of Education.

7009-1700For the operation of information technology services within the executive office of education $6,897,190

7009-6379For the operation of the office of the secretary of education$741,822

Department of Elementary and Secondary Education.

7010-0005For the operation of the department of elementary and secondary education; provided that not less than $100,000 shall be allocated for the purposes of offering a no-cost method to schools and districts for professional development to build the skills of all staff members, including but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities and paraprofessionals to prevent, identify and respond to bullying; provided further, that the content of such professional development shall include, but not be limited to: developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents; information regarding the complex interaction and power differential that may take place between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying; and provided further that the no-cost method may also include a train-the-trainer model, so-called, with demonstrated success $13,200,000

7010-0012For grants to cities, towns and regional school districts for payments of certain costs and related expenses for the program to eliminate racial imbalance established under section 12A of chapter 76 of the General Laws; provided, that funds shall be made available for payment for services rendered by METCO, Inc. and Springfield public schools $18,491,758

7010-0033For literacy and early literacy programs including, but not limited to, the Bay State Reading Institute program, the John Silber early literacy program, and the Reading Recovery program; provided, that said programs shall provide ongoing evaluation of the outcomes thereof and shall document said outcomes annually to the department and to the house and senate committees on ways and means; provided further, that the Bay State Reading Institute may be administered under contract to Middlesex Community College in programmatic collaboration with Framingham State College and Fitchburg State College; provided further, that the department shall distribute grants under this item no later than September 1, 2010; and provided further, that funds appropriated in this item for said Institute may be expended through June 30, 2012 $4,075,489

7027-0019For school-to-career connecting activities; provided, that notwithstanding any general or special law to the contrary, the board of elementary and secondary 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; provided further, that public funds shall assume the costs of connecting schools and businesses to ensure that students serve productively on the job; and provided further, that no funds shall be expended for personnel costs $2,100,000

7027-1004For English language acquisition professional development to improve the academic performance of English language learners and effectively implement sheltered English immersion as outlined in chapter 71A of the General Laws; provided, that the department shall only approve professional development courses and offerings with proven, replicable results in improving teacher performance, and which shall have demonstrated the use of best practices, as determined by the department, including data comparing pre-training and post-training knowledge; provided further, that the department shall, not later than February 15, 2011, provide a report on the number of educators who have received such training since passage of said chapter 71A, the estimated number who need such additional training, and a review and analysis of the most effective types of professional development and the most common gaps in the knowledge base of educators implementing English immersion and teaching English language acquisition, along with legislative or regulatory recommendations of the department; 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 committees on ways and means and the house and senate chairs of the joint committee on education; provided further, that funds may be expended through August 31, 2011; and provided further, that no funds shall be expended for personnel costs $397,937

7028-0031For 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 elementary and secondary 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 elementary and secondary 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 not later than December 1, 2010 $7,586,386

7030-1002For kindergarten development grants to provide ongoing grant awards to continue quality enhancement of existing full-day kindergarten classrooms; provided, that the department shall administer a grant program to encourage the voluntary expansion of high quality, full-day kindergarten education throughout the commonwealth; 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 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 later than January 14, 2011, the department shall report to the house and senate committees on ways and means on the total number of grants requested and awarded; 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 2012; provided further, that all kindergarten programs previously funded through community partnership councils at the department of early education and care shall receive grants from this item in amounts equal to the amounts they received in fiscal year 2010, reduced in proportion to the overall reduction of this item from fiscal year 2010 to fiscal year 2011; and provided further, that no funds shall be expended for personnel costs $25,948,947

7035-0002For the provision and improvement of adult basic education services, including reading, writing and mathematics; provided, that grants shall be distributed 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 elementary and secondary education; provided further, 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 no funds shall be expended for personnel costs at the department of elementary and secondary education $27,957,357

7035-0006For reimbursements to regional school districts for the transportation of pupils, and for reimbursements to cities, towns, regional vocational or county agricultural school districts, independent vocational schools, or collaborative 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 notwithstanding any general or special law to the contrary, the commonwealth’s obligation for those reimbursements shall not exceed the amount appropriated in this item $44,574,024

7051-0015For operating funds to distribute food for the Massachusetts emergency food assistance program $1,239,518

7053-1909For 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

7053-1925For 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 funds shall be expended for the summer food service outreach program and the school breakfast outreach program; 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 elementary and secondary education shall solicit proposals from returning sponsors and school food authorities in time for implementation of such grant program during the summer of 2011; 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; provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2011; provided further, that funds shall be expended for the universal school breakfast program in which all children in schools receiving funds under the program shall be provided free, nutritious breakfasts at no cost to them; provided further, 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 said 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 not later than November 16, 2010, and shall report to the house and senate committees on ways and means on the preliminary results of these grants not later than January 8, 2011; provided further, that nothing in the universal school breakfast program shall give rise to enforceable legal rights in any party or enforceable entitlement to services; and provided further, that the department shall select grantees for the program authorized by this item not later than March 30, 2011, prior appropriation continued $4,177,632

7061-0008For 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; provided, that each school district shall report annually to the department of elementary and secondary 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 Public Law 107-110; provided further, that the department of elementary and secondary education shall report annually to the house and senate committees on ways and means on school districts’ professional development spending; and provided further, that the governor may allocate $47,999,997 made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein $3,878,464,421

7061-0012For the reimbursement of extraordinary special education costs under section 5A of chapter 71B of the General Laws; provided, that reimbursements shall be prorated so that expenses of this item do not exceed the amount appropriated in this item; provided further, that upon receipt by the department of elementary and secondary education of required special education cost reports from school districts, the department shall reimburse districts based on fiscal year 2010 claims; provided further, that the department may expend funds to continue and expand voluntary residential placement prevention programs between the department of elementary and secondary 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 the department shall make funds available to the department of developmental services for the voluntary residential placement prevention program administered by that department; provided further, that the department shall expend funds not less than $4,000,000 to provide books in accessible synthetic audio format made available through the federal NIMAS-NIMAC book repository for the outreach and training of teachers and students for the use of NIMAS-NIMAC and human speech audio digital textbooks; provided further, that the department shall expend funds for the costs of borrowing audio textbooks by special education students; provided further, that funds may 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 districts’ compliance with the part B requirements of the federal Special Education Law, known as the Individuals with Disabilities Education Act, in the provision of special education and related services to children with disabilities; provided further, that funds may be expended to administer the reimbursements funded herein; provided further, that funds may be expended to reimburse districts for extraordinary increases in costs incurred during fiscal year 2011 which would be reimbursable under said section 5A of said chapter 71B; 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 said section 5A of said chapter 71B and incurred during fiscal year 2010 to costs reimbursable under said section 5A of said chapter 71B and incurred during fiscal year 2011 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 2010 claims; provided further, that if the claims are found to be inaccurate, the department shall recalculate the fiscal year 2011 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 not later than February 15, 2011, on the results of the audit$146,431,076

7061-0029For the office of school and district accountability, established in section 55A of chapter 15 of the General Laws; provided, that notwithstanding said 55A of said chapter 15 of the General Laws, the office shall perform not less than 20 school district audits for fiscal year 2011; provided further, that the district of Randolph shall join the 10 districts of Boston, Brockton, Fall River, Holyoke, Lawrence, Lowell, Lynn, New Bedford, Springfield, and Worcester, in the cohort known as the commissioner’s districts $989,083

7061-0033For a reserve to assist towns 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; provided, that grants provided in this item shall be expended by a school committee without further appropriation; provided further, that funds from this item shall be expended for the fiscal year 2011 costs associated with bonus aid payments to school districts in accordance with subsection (g) of section 16D of chapter 71 of the General Laws; provided further, that the department of elementary and secondary education shall submit a letter specifying the fiscal year 2012 cost for these payments to the secretary of administration and finance as well as the chairs of both the house and senate committees on ways and means not later than December 1, 2010 $1,700,000

7061-9010For fiscal year 2011 reimbursements to certain cities, towns and regional school districts of charter school tuition and the per pupil capital needs component included in the charter school tuition amount for commonwealth charter schools, as calculated under subsections (nn) and (oo) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding said subsection (nn) of said section 89 of said chapter 71 or any other general or special law to the contrary, the per pupil capital needs component of the commonwealth charter school tuition rate for fiscal year 2011 shall be $893; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89 of said chapter 71, the department shall fully reimburse the cost of such per pupil capital needs component and shall prorate the tuition reimbursements calculated under said subsection (oo) of said section 89 of said chapter 71 $71,554,914

7061-9200For the education technology program$813,352

7061-9400For student and school assessment including the administration of the Massachusetts Comprehensive Assessment System exam established by the board of elementary and secondary education pursuant to sections 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 in the curriculum frameworks and shall involve measures which shall be relevant and meaningful to pursuant to the first paragraph of section 1L of said chapter 69; and provided further, that notwithstanding any general or special law to the contrary, assessment of proficiency in English shall be administered in English $24,862,278

7061-9404For grants to cities, towns and regional school districts to provide targeted remediation programs for students in the classes of 2004 to 2015, inclusive, scoring in level 1 or 2 on the Massachusetts Comprehensive Assessment System, or MCAS, exam established by the board of elementary and secondary education pursuant to the provisions of sections 1D and 1I of chapter 69 of the General Laws; 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 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 elementary and secondary education; provided further, that such programs shall supplement currently funded local, state, and federal programs at the school or district; 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 2011, and operated by public institutions of higher learning or by public-private partnerships in the commonwealth, for students in the graduating classes of 2004 to 2011, inclusive, who have completed high school but have not yet obtained a competency determination as defined in said section 1D of said 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, 2011, 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 organizations 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 the MCAS exam, 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 elementary and secondary education, for intensive remediation programs in communities with students in the graduating classes of 2004 to 2015, inclusive, who have not obtained a competency determination or have scored in levels 1 or 2 on either the English or math MCAS exams; provided further, that the department of elementary and secondary education may give preference for such assistance to those districts with a high percentage of high school students scoring in level 1 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; provided further, that no district shall receive a grant from this appropriation until said district submits to the department of elementary and secondary education a comprehensive district plan pursuant to the provisions of said section 1I of said chapter 69, to improve performance of all student populations including, but not limited to, students with disabilities; provided further, that any evaluation will examine the likelihood and efficiency of replication of these programs and practices in school districts with a large percentage of English language learners; provided further, that these funds may be expended for professional development related to these programs; provided further, that the department shall issue a report not later than February 2, 2011, and annually thereafter as a condition of continued funding under this account, in collaboration with the department of higher education, describing MCAS support programs for the graduating classes of 2004 to 2015, 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 committees on ways and meansand the house and senate chairs of the joint committee on education; 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; and provided further, that no costs shall be expended for personnel costs $9,294,804

7061-9408For 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, schools and districts which have which have been placed in the accountability status of identified for improvement, corrective action, or restructuring pursuant to departmental regulations, or which have been designated Commonwealth priority schools or Commonwealth pilot schools pursuant to said regulations; 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; 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 preference in distributing funds shall be made for proposals which coordinate reform efforts within all schools of a district in order to prevent conflicts between multiple reforms and interventions among the schools; provided further, that the department shall issue a report not later than February 2, 2011, 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 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 Massachusetts Comprehensive Assessment System exam 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 include an analysis of the number of districts with curriculum plans not aligned to the curriculum frameworks, along with any legislative and regulatory recommendations to address the issue; 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 committees on ways and means 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, 2011, to allow for intervention and school and district improvement planning in the summer months; and provided further, that any 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; provided further, that funds may be expended for a middle school pilot program between school districts and partner organizations with an established record of partnering with middle schools to increase learning time and student performance; provided, that preference shall be given to the partner organizations that: (i) have the capacity to serve not less than 25 per cent of a district’s middle school population; (ii) make available documentation of $1 in private sector, local or federal funds for every $1 in state funds; (iii) have conducted at least 1 independent longitudinal study showing significant gains in student performance in the Massachusetts Comprehensive Assessment System scores, school attendance, student grades or long-term high school graduation rates, employs student family engagement practices, delivers services to schools as either an expanded learning time or after-school partner and has data sharing agreements and memoranda of understanding in place with middle schools to ensure the timely and effective sharing of grade progress and other formative or diagnostic measurement of student progress; and provided further, that funds may be expended for the continuation of a parent engagement program pursuant to item 7061-9408 of section 2 of chapter 182 of the acts of 2008 $6,874,476

7061-9412For grants to cities, towns, and regional school districts for the purpose of planning for and implementing expanded learning time in the form of longer school days or school years at selected schools; provided, that implementation grants shall only be provided under this item to schools and districts which submitted qualifying applications which were approved by the department in fiscal year 2010 and which include a minimum of an additional 300 hours on a mandatory basis for all children attending that school; provided further, that in approving expanded learning time 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 exam, those districts with proposals that have the greatest potential for district-wide impact, those districts that plan to utilize partnerships with community-based organizations and institutions of higher education, and those districts with proposals that include a comprehensive restructuring of the entire school day and/or year to maximize the use of the additional learning time; provided further, that the department shall approve implementation proposals that include an appropriate mix of additional time spent on core academics, additional time spent on enrichment opportunities such as small group tutoring, homework help, music, arts, sports, physical activity, health and wellness programs, project-based experiential learning and additional time for teacher preparation and professional development; provided further, that the department shall only approve implementation proposals that assume not more than $1,300 per pupil per year in future state appropriations of expanded learning time implementation funds; provided further, that in extraordinary cases the department may exceed the $1,300 per pupil per year limit; provided further, that the department shall review all qualified proposals and award approved grants not later than August 16, 2010; provided further, that in carrying out the provisions of this item, funds may be expended by the department to evaluate the impact and effectiveness of the program; provided further, that the department shall issue an annual report, not later than February 2, 2011, on the implementation of plans in all participating districts; provided further, that said report shall include, but not be limited to the names of schools and school districts participating, the number of students attending these schools and the nature and type of changes made in participating schools as a result of this program; provided further, that the report shall also include an anticipated budget for this program for the next fiscal year and a breakdown of the distribution of the $1,300 per student by school; 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 committees on ways and means and the house and senate chairs of the joint committee on education; provided further, that for this item, appropriated funds may be expended through August 31, 2011, to allow for planning and implementation during the summer months; 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; and provided further, that no funds shall be expended for personnel costs at the department of elementary and secondary education $15,672,374

7061-9600For a discretionary grant pilot program to provide monies to school districts and state public institutions of higher education partnering together to offer inclusive concurrent enrollment programs for students with disabilities as defined in section 1 of chapter 71B of the General Laws ages 18 to 22, inclusive; provided, that the grant program shall be limited to said students who are considered to have severe disabilities and, in the case of students ages 18 and 19, shall be limited to students with severe disabilities who have been unable to achieve the competency determination necessary to pass the Massachusetts Comprehensive Assessment System exam; provided further, that said students with disabilities shall be offered enrollment in credit and noncredit courses that include nondisabled students, including enrollment in noncredit courses and credit bearing courses in audit status for students who may not meet course prerequisites and requirements, and that the partnering school districts will provide supports, services and accommodations necessary to facilitate a student’s enrollment; provided further, that the department, in consultation with the department of higher education, shall develop guidelines to ensure that the grant program promotes civic engagement and mentoring of faculty in state institutions of higher education, and supports college success, work success, participation in student life of the college community, and provision of a free appropriate public education in the least restrictive environment; provided further, that the department, in consultation with the department of higher education, shall develop strategies and procedures to help sustain and replicate the inclusive concurrent enrollment programs; provided further, that funds may be distributed to the department of higher education in order to increase the capacity of public institutions of higher education to include students with severe disabilities in the concurrent enrollment pilot program; provided further, that funds may be allocated to the department of elementary and secondary education to provide training and technical assistance to school districts for program implementation; provided further, that the department of elementary and secondary education, in consultation with the department of higher education, shall report to the house and senate committees on ways and means, the joint committee on education and the joint committee on higher education on said discretionary grant program not later than February 15, 2011; provided further, that no funds shall be expended from this item for personnel employed by the department of elementary and secondary education; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2011 $500,000

7061-9604For teacher preparations and certification$1,367,409

7061-9611For grants or subsidies for after-school and out-of-school programs; provided, that preference shall be given to after-school proposals developed collaboratively by public and non-public schools and private community based programs; provided further, that the department shall fund only those applications which contain accountability systems and measurable outcomes, under guidelines to be determined by the department in consultation with the department of early education and care; provided further, that applicants shall detail funds received from all public sources for existing after-school and out-of-school programs and the types of programs and type of students served by said funds; provided further, that funds may be directed to increase comprehensive after-school and out-of-school time programming to school age children and youth during the school year and the summer, including but not limited to 21st century community learning centers programs; provided further, that funds from this item may be used for a variety of activities, including but not limited to: (1) academic tutoring and homework centers where content is linked to and based on the curriculum guidelines promulgated by said department, (2) programs which improve the health of students, including physical activities, athletics, nutrition and health education, and exercise, (3) art, theater, and music programs developed in collaboration with the Massachusetts cultural council, local cultural councils, or cultural organizations in the Commonwealth funded by the Massachusetts cultural council, (4) enrichment activities not otherwise provided during the school day, (5) advanced study for the gifted and talented, and (6) community service programs; provided further, that funds shall be expended for services that actively include children with disabilities in after-school programs that also serve non-disabled children and services that include children where English is a second language, including but not limited to: increased per-child reimbursement rates, additional staff, technical assistance, training and transportation; provided further, that the department of elementary and secondary education shall consult the executive office of health and human services and the department of early education and care to maximize the provision of wrap-around services and to coordinate programs and services for children and youth during after-school and out-of-school time programs; provided further, that the department shall select grant recipients not later than September 30, 2010, and shall report on the preliminary results of said grants not later than February 15, 2011, to 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 committees on ways and means; provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2011, to allow for implementation of said programs during the summer months; and provided further, funds shall be expended to convene regional networks, to work with the department of elementary and secondary education and the department of early education and care to support the implementation of school-community partnerships and to submit a report by October 15, 2010, to the general court and the administration making recommendations on how to enhance school-community partnerships and positive outcomes for children and youth through funding as provided in this item $1,500,000

7061-9614For 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; and provided further, that no funds shall be expended for personnel costs $146,140

7061-9619For the purpose of funding the Benjamin Franklin Institute of Technology; provided, that the institute shall have access to the Massachusetts education computer system; and provided further, that the institute may join the state buying consortium $1

7061-9626For grants and contracts with youth-build programs for the purposes of providing comprehensive youth-build services $1,600,000

7061-9634For a transfer of this item to the Massachusetts Service Alliance, which shall be responsible for administering a competitive statewide grant program for public and private agencies to start or expand youth mentoring programs according to current best practices and for purposes including advancing academic performance, self-esteem, social competence and workforce development; provided, that the department of elementary and secondary 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 $1 disbursed from this item; and provided further, that the Massachusetts Service Alliance shall submit a report detailing the impact of grants, expenditure of funds and the amount and source of matching funds raised to the department of elementary and secondary education $250,000

7061-9804For teacher content training in math and science; provided, that said training shall include math specialist and Massachusetts test for educator licensure preparation; provided further, that funds from this item shall be expended on content-based professional development in math and science, with a focus on increasing the content knowledge of elementary and middle school math and science teachers in districts with a high percentage of students scoring in level 1 or 2 on the math or science Massachusetts comprehensive assessment system exams, 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; provided further, that such professional development courses shall demonstrate proven, replicable results in improving teacher and student performance, and shall demonstrate the use of best practices, as determined by the department, including data comparing pre-training and post-training content knowledge; provided further, that the department shall report, not later than February 15, 2010, on the number of educators provided content training under this item, the estimated number of math and science teachers currently teaching without certification, and any legislative or regulatory recommendations necessary to make middle school and elementary math and science education more rigorous and data-driven; 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 committees on ways and meansand the house and senate chairs of the joint committee on education; provided further, that no funds shall be expended for personnel costs; and provided further, that for the purpose of this item, appropriated funds may be expended through August 31, 2011 $386,227

Department of Higher Education.

7066-0000For the operation of the department of higher education; provided, that the department 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 to utilize resources otherwise available to such institutions; and 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 commissioner of higher education and approved by the secretary of administration and finance; provided, that funds shall be expended for a program in math, science, engineering and technology for academically accelerated students in their final 2 years of high school pursuant to item 7061-9612 of chapter 182 of the acts of 2008; provided further, that not more than $200,000 shall be expended by the department of higher education on a review conducted by an external entity of the capacities and sustainability of the community colleges in the commonwealth in the context of the current fiscal climate and rapidly increasing student enrollments, and the overall role of the colleges in contributing to the economic, social and educational progress of the commonwealth; provided further, that said review shall include but not be limited to an analysis of the sufficiency of program and course availability, faculty and administrative staffing including, but not limited to, the use of adjunct faculty, academic and other student support services and academic facilities in relation to student demand, the sustainability of the current funding mechanisms and patterns, ability of community colleges to respond to the needs of employers for workforce development, overall course and program affordability at each college; provided further, that the department of higher education shall solicit private grants supporting said review; provided further, that said review shall include a comprehensive report to be completed not later than November 15, 2010 and submitted to the speaker of the house, the senate president, the co-chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means, the house and senate minority leaders, the secretary of education, the secretary of administration and finance and the secretary of workforce and economic development 2,290,529

7066-0005For the commonwealth’s share of the cost of the compact for education $82,620

7066-0009For the New England board of higher education$367,500

7066-0015For the community college workforce training incentive grant program established in section 15F of chapter 15A of the General Laws $1,350,000

7066-0016For 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 children and families 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 $1,149,561

7066-0019For the department of higher education to support the dual enrollment program allowing qualified high school students to take college courses; provided, that public higher education institutions may offer courses in high schools in addition to courses offered at the institutions or online if the number of students is sufficient $750,000

7066-0020For the nursing and allied health workforce development initiative, to develop and support strategies that increase the number of public higher education faculty members and students who participate in programs that support careers in fields related to nursing and allied health; provided, that the amount appropriated in this item shall be transferred to the Massachusetts Nursing and Allied Health Workforce Development Trust Fund established in section 33 of chapter 305 of the acts of 2008; provided further, that funds shall be transferred to the Trust Fund according to an allotment schedule adopted by the executive office for administration and finance; and provided further, that the department of higher education shall provide monthly expenditure reports to the executive office for administration and finance and the house and senate committees on ways and means. $750,000

7066-0021For reimbursements to public institutions of higher education for foster and adopted child fee waivers under section 19 of chapter 15A of the General Laws; provided, that no funds shall be distributed from this line item prior to certification by the state and community colleges and the University of Massachusetts of the actual amount of tuition and fees waived for foster and adopted children attending public institutions of higher education under said section 19 of said chapter 15A that would otherwise have been retained by the campuses, according to procedures and regulations promulgated by the board of higher education $1,000,000

7066-0024 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 Institute shall not be required to expend any funds for the cost of these students while in attendance at the Institute………………………………………………………………$1,300,000

7070-0065For 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 funds from this item may be expended on the administration of the scholarship program; and provided further, that the commissioner of higher education, in coordination with the Massachusetts state scholarship office, shall adopt regulations governing the eligibility and the awarding of financial assistance; and provided further, that the board shall continue to administer all programs funded in this item at an amount not less than that expended in the prior fiscal year$89,837,028

7077-0023For a contract with the Tufts School of Veterinary Medicine; provided, that funds appropriated in this item shall be expended under the 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 in this item shall support bioterrorism prevention research related to diseases that can be transmitted from animals to humans, in consultation with Massachusetts emergency authorities; provided further, that not less than $500,000 shall be expended for a program in collaboration with a community college to educate and train veterinary technicians; and provided further, that the school shall work in consultation with the Norfolk County Agricultural School on veterinary programs $3,000,000

7520-0424For a health and welfare reserve for eligible personnel employed at the community and state colleges. $5,494,616

University of Massachusetts.

7100-0200For 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 the University of Massachusetts shall expend funds for the operation of the department of higher education’s commonwealth college honors program at the University of Massachusetts Amherst, , for the operation of the office of dispute resolution at the University of Massachusetts Boston, 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 and for the University of Massachusetts Amherst Cranberry Station; provided further, that the University of Massachusetts shall expend $2,700,000 for facilities costs associated with the college of visual and performing arts at the University of Massachusetts Dartmouth; provided further that funds may be expended for the operation of the University of Massachusetts Boston’s Edward J. Collins Center for Public Management, for the University of Massachusetts Medical School to enhance efforts to increase the number of graduating medical students in primary care specialties and for the operation of an inner-city youth collaborative at the UMass Field Station on Nantucket to learn about nature, ecology, environment, science and history on the island; provided further, that the governor may allocate $24,658,888, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $11,363,273 in out-of-state student tuition retained by the university $437,515,270

State Colleges.

7109-0100For Bridgewater State College; provided, that the governor may allocate $1,979,345, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $878,799 in out-of-state tuition retained by the college $34,697,800

7110-0100For Fitchburg State College; provided, that the governor may allocate $1,392,298, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $850,000 in out-of-state tuition retained by the college $24,175,058

7112-0100For Framingham State College; provided, that the governor may allocate $1,244,229, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $521,510 in out-of-state tuition retained by the college $21,842,143

7113-0100For the Massachusetts College of Liberal Arts; provided, that the governor may allocate $719,575, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein $12,933,581

7114-0100For Salem State College; provided, that the governor may allocate $1,993,840, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein, and provided further, that this appropriation assumes $1,661,456 in out-of-state tuition retained by the college $34,175,679

7115-0100For Westfield State College; provided, that the governor may allocate $1,162,652 made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $1,242,400 in out-of-state tuition retained by the college $19,655,021

7116-0100For Worcester State College; provided, that the governor may allocate $1,184,958, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $746,066 in out-of-state tuition retained by the college $20,552,274

7117-0100For the Massachusetts College of Art; provided, that the governor may allocate $761,101, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein $13,679,959

7118-0100For the Massachusetts Maritime Academy; provided, that the governor may allocate $704,799, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein $12,667,991

Community Colleges.

7502-0100For Berkshire Community College; provided, that the governor may allocate $469,773, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $78,190 in out-of-state tuition retained by the college $8,365,479

7503-0100For Bristol Community College; provided, that the governor may allocate $809,876, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $57,106 in out-of-state tuition retained by the college $14,499,535

7504-0100For Cape Cod Community College; provided, that the governor may allocate $579,285, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $120,914 in out-of-state tuition retained by the college $10,291,113

7505-0100For Greenfield Community College; provided, that the governor may allocate $461,684, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $78,961 in out-of-state tuition retained by the college $8,219,312

7506-0100For Holyoke Community College; provided, that the governor may allocate $938,788, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $103,500 in out-of-state tuition retained by the college $16,770,209

7507-0100For Massachusetts Bay Community College; provided, that the governor may allocate $703,091, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $210,820 in out-of-state tuition retained by the college $12,426,484

7508-0100For Massasoit Community College; provided, that the governor may allocate $1,018,625, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $119,830 in out-of-state tuition retained by the college $18,188,847

7509-0100For Mount Wachusett Community College; provided, that the governor may allocate $642,585, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $54,440 in out-of-state tuition retained by the college $11,495,336

7510-0100For Northern Essex Community College; provided, that the governor may allocate $959,474, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $55,062 in out-of-state tuition retained by the college $17,190,441

7511-0100For North Shore Community College, including the post-secondary programs of the Essex Agricultural and Technical Institute operated by North Shore Community College; provided, that the governor may allocate $1,031,492, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $91,640 in out-of-state tuition retained by the college $18,448,321

7512-0100For Quinsigamond Community College; provided, that the governor may allocate $762,743, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $117,300 in out-of-state tuition retained by the college $13,592,175

7514-0100For Springfield Technical Community College; provided, that the governor may allocate $1,236,442, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $188,575 in out-of-state tuition retained by the college $22,035,132

7515-0100For Roxbury Community College; provided, that the governor may allocate $569,305, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $74,288 in out-of-state tuition retained by the college $10,158,353

7515-0121For 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, other special athletic events, conferences, meetings and programs; and provided further, that only expenses for contracted services associated with these events and for the capital needs of the facility shall be funded from this item $529,843

7516-0100For Middlesex Community College; provided, that the governor may allocate $1,005,260, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $245,478 in out-of-state tuition retained by the college $17,822,982

7518-0100For Bunker Hill Community College; provided, that the governor may allocate $1,045,288, made available through the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, in addition to the amount appropriated herein; and provided further, that this appropriation assumes $593,500 in out-of-state tuition retained by the college $18,194,424

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY.

Office of the Secretary.

8000-0000For 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 and the costs associated with the implementation of chapter 228 of the acts of 2000; provided, that the secretary shall, to the fullest extent consistent with the duties of the office, prioritize the development and implementation of a real-time data-sharing system between federal, state and municipal law enforcement to facilitate interdepartmental cooperation and assistance; provider, that the secretary may enter into an agreement with a state college or university to provide for the expansion of a comprehensive law enforcement and emergency response training program for local, state and federal criminal justice and homeland security professionals, subject to the receipt of federal matching funds $2,080,688

8000-0038For the operation of a witness protection program pursuant to chapter 263A of the General Laws $94,245

8000-0040For police career incentives to reimburse certain cities and towns for career incentive salary increases for police officers; provided, however, that regular full-time members of municipal police departments hired on or after July 1, 2009 shall not be eligible to participate in the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has not enrolled in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 of the General Laws, as of October 1, 2009, shall not be eligible to participate in the career incentive pay program established pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department who has begun to accumulate credit hours pursuant to said section 108L of said chapter 41 of the General Laws as of October 1, 2009 shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41 of the General Laws; provided further, that any current regular full-time member of a municipal police department on active duty in the armed forces of the United States in any theater of operations from July 1, 2008 through September 1, 2009 who enrolls in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his return from active duty shall be allowed to accumulate the maximum number of credit hours for any eligible degree permitted pursuant to said section 108L of said chapter 41; and provided further, that any permanent employee of a municipal police department appointed prior to October 1, 2009 and separated from employment pursuant to section 39 of chapter 31 of the General Laws may enroll in an education program for the purposes of participating in the career incentive pay program pursuant to said section 108L of said chapter 41 no later than 4 months from the date of his reinstatement $5,000,000

8000-1700For the provision of information technology services within the executive office of public safety and security $18,077,757

Office of Chief Medical Examiner.

8000-0105For the operation of the office of the chief medical examiner established pursuant to chapter 38 of the General Laws; provided, that the agency shall submit a report to the house and senate committees on ways and means not later than January 17, 2011 detailing the caseload of the office; and provided further, that the report shall include, but not be limited to, the number of toxicology tests, the reduction of turnaround time of toxicology tests and the reduction of the case backlog, the number of autopsies performed, the number of cases under the office’s jurisdiction, the number of external exams performed, the number of cases determined to be homicides, and the number of cremations performed under the office’s jurisdiction in 2009 and 2010 $7,627,153

State Police Crime Laboratory.

8000-0106For 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 practices and procedures of the state police crime laboratory shall be informed by the recommendations of the Forensic Sciences Advisory Board; and provided further, that the agency shall report to the house and senate committees on ways and means and the joint committee on public safety and homeland security, not later than December 31, 2010, concerning, but not limited to, the number of cases introduced to the CODIS database, the number of confirmations attained from the CODIS database, and the number of cases referred to district attorney delineated by county $13,357,856

Criminal History Systems Board

8000-0110For the criminal history systems board, including the operation of the department of criminal justice information services; including criminal justice information services, criminal offender record information services, firearms support services, and victim services; provided, that funds may be expended for the purpose of enabling local housing authorities’ access to criminal offender record information when qualifying applicants for state-assisted housing $2,600,000

Chief Medical Examiner

8000-0122For the office of the chief medical examiner which may expend for its operations an amount not to exceed $1,700,000 in revenues collected from fees for services provided by the chief medical examiner; provided, that notwithstanding any general or special law 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 $2,100,000

Sex Offender Registry.

8000-0125For 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; provided, that notwithstanding any general or special law to the contrary, that the registration fee paid by convicted sex offenders under section 178Q of chapter 6 of the General Laws shall be retained and expended by the Sex Offender Registry Board $3,492,440

8000-0202For the purchase and distribution of sexual assault evidence collection kits $86,882

Department of State Police.

8100-0000For the administration and operation of the department of state police; provided, that the department shall expend funds from this item for the purpose of maximizing federal grants for the operation of a counter-terrorism unit and the payment of overtime for state police officers; 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 energy and environmental affairs at no cost to, or compensation from, that office; provided further, that there shall be a study submitted to the house and senate committees on ways and means not later than January 31, 2011, on traffic details worked by the department of state police, including troops A, B, C, D, E, F, and H, over the last year, which shall detail, on a monthly basis: the total number of hours worked on traffic details by state police officers, the total amount paid to state police officers for traffic details, the standard hourly rates for traffic details done by state police officers and the city or town in which traffic details are performed by state police officers; 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; provided further, that the department shall conduct a pilot program that shall utilize idle reduction technology that reduces fuel consumption and emissions in not fewer than 100 patrol cruisers to evaluate the potential to reduce fuel consumption throughout the fleet; and provided further, that the department shall report on the results of the program to the senate and house committees on ways and means not later than June 30, 2011 $234,763,845

8100-0006For private police details; provided, that the department may expend up to $27,500,000 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 2011 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 2011 $27,500,000

8100-0011For the department of state police which may expend an amount not to exceed $3,100,000 for certain police activities provided pursuant to agreements authorized in this item; provided, that for fiscal year 2011, the colonel of 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: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (b) 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 colonel 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 further, that such agreements shall establish the responsibilities pertaining to the operation and maintenance of police services including, but not limited to: (a) provisions governing payment to the department for the cost of regular salaries, overtime, retirement and other employee benefits; and (b) 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 colonel 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 to exceed the lower of this authorization or the most recent revenue estimate $3,100,000

8100-0012For the department of state police; provided, that the department may expend for the costs of security services provided by state police officers, including overtime and administrative costs, an amount not to exceed $1,050,000 from fees charged for these services; 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 $1,050,000

8100-0020For the department of state police which may expend an amount not to exceed $35,000 in fees charged for the use of the statewide telecommunications system for the maintenance of the system $35,000

8100-0101For the department of state police which may expend for the Governor’s Auto Theft Strike Force an amount not to exceed $331,200 from fees for services performed through the auto etching program and from assessments upon the insurance industry $331,200

8100-0111For a grant program to be known as the Senator Charles E. Shannon, Jr. Community Safety Initiative, to be administered by the executive office of public safety and security, to support regional, multidisciplinary approaches to combat gang violence through coordinated programs for prevention and intervention, coordinated law enforcement, including regional gang task forces and regional crime mapping strategies, focused prosecutions and reintegration strategies for ex-convicts; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that: (a) demonstrate high levels of youth violence, gang problems and substance abuse in a region; (b) demonstrate a commitment to regional, multijurisdictional strategies to deal with such community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together; (c) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity; (d) make a written commitment to match grant funds with a 25 per cent match provided by either municipal or private contributions; and (e) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorney’s offices, may apply for such funds; provided further, that such funds shall be considered one-time and grants awarded to public agencies and shall not annualize into fiscal year 2012 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 16, 2010; provided further, that awards shall be made to applicants not later than December 15, 2010; and provided further, that the executive office of public safety and security may expend not more than $100,000 of the sum appropriated in this item for its costs in administering programs $6,500,000

Municipal Police Training Committee.

8200-0200For the operation of veteran, reserve and in-service training programs conducted by the municipal police training committee; provided, that no expenditures authorized by this item shall be charged to item 8200-0222; 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 $2,476,460

8200-0222For the committee, which may collect and expend an amount not to exceed $600,000 for the purposes of providing training to new recruits; provided, that the committee shall charge $2,500 per recruit for the training; provided further, that notwithstanding any general or special law to the contrary, the committee shall charge a fee of $2,500 per person for training programs operated by the committee for all persons who begin training on or after July 1, 2010; 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 2010 and 2011; provided further, that the report shall be submitted to the house and senate committees on ways and means no later than January 3, 2011; 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 $600,000

Department of Public Safety.

8311-1000For 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 $1,381,164

8315-1000For 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 42 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, 2010; 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 $3,540,854

8215-1012For the State Athletic Commission Fund which may not expend more than $100,000 in revenues collected from the monies from any fees and fines collected pursuant to sections 32 to 35, inclusive, 40 and 40A of chapter 147 of the General Laws and section 12 of chapter 265 of the General Laws; provided, that the amounts credited to the fund shall be available for expenditure without further appropriation by the department of public safety up to an amount not to exceed $100,000 each fiscal year for the costs of operating and administering the state athletic commission; provided further, that if the amount credited to the fund exceeds $100,000, the excess amount shall be deposited into the General Fund; and provided further that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expense 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 $100,000

8315-1020For the department of public safety which may expend not more than $4,000,000 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 funds shall be expended for hiring additional elevator inspectors or engineers; provided further, that the department shall conduct an analysis to improve efficiency in use of department resources and shall report the findings of its analysis to the house and senate committees on ways and means and the joint committee on public safety not later than 90 days after the effective date of this act; 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 the department shall provide a full waiver of the inspection fee for an individual who requires a wheelchair lift as a medical necessity and whose annual income does not exceed the maximum allowable federal SSI benefit, or $7,236 a year, whichever is greater; 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 more than the lesser of this authorization or the most recent revenue estimate as reported in the state accounting system$5,500,000

8315-1025For the department of public safety which may collect and expend an amount not to exceed $90,182 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. $90,182

Department of Fire Services.

8324-0000 For the administration of the department of fire services, including the state fire marshal’s office, the hazardous materials emergency response program, the board of fire prevention regulations established in section 4 of chapter 22D of the General Laws, the expenses of the fire safety commission and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and nonmunicipal fire training and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that the amount allocated for programs providing information about the fire risks caused by smoking, the regional dispatch center, critical incident stress intervention programs and fire department training academies listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2011; provided further, that the amount allocated for critical incident stress management residential services in item 8000-0000 of said section 2 of said chapter 182 shall be allocated to the program in fiscal year 2011; provided further, that the amount allocated for hazardous material response teams specifically listed item 8324-0000 of section 2 of chapter 27 of the acts of 2009 shall be allocated to each program in fiscal year 2011; 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, critical incident stress programs, the Massachusetts and fire department training academies and the regional dispatch center, 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 receipt of 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 hazardous materials emergency response shall be assessed upon insurance companies writing commercial multiple peril, nonliability 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; and 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……$16,861,169

8324-0304For the department of fire services; provided, that the department may expend for the purposes of enforcement and training an amount not to exceed $25,000 from revenue generated under chapter 148A of the General Laws and section 7 of chapter 304 of the acts of 2004 $25,000

Merit Rating Board

8400-0100For the operation of the motor vehicle insurance merit rating board, including the rent, related parking and utility expenses of the board; provided, that notwithstanding 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 $7,606,503

Military Division.

8700-0001For 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; provided further, that the division may expend funds appropriated in this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services; 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 $7,779,239

8700-1140For the military division, which may expend for the costs of national guard missions and division operations an amount not to exceed $1,400,000 from fees charged for the non-military rental or use of armories and from reimbursements generated by national guard missions $1,400,000

8700-1150For reimbursement of the costs of the Massachusetts national guard tuition and fee waivers under section 19 of chapter 15A of the General Laws; provided, that no funds shall be distributed from this item prior to certification by the state and community colleges and the University of Massachusetts of the actual amount of tuition and fees waived for national guard members attending public institutions of higher education under said section 19 of said chapter 15A that would otherwise have been retained by the campuses, according to procedures and regulations promulgated by the military division of the Massachusetts national guard; provided further, that funds from this item may be expended through August 31, 2011 for the reimbursement of the tuition and fees waived for classes taken during the summer months; provided further, that the military division of the Massachusetts national guard and the board of higher education shall issue a joint report not later than February 15, 2011 on the implementation of this waiver; provided further, that the report shall be submitted to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on veterans and federal affairs and the house and senate chairs of the joint committee on higher education; and provided further, that the military division may expend funds from this item for administrative services $3,350,000

8700-1160For life insurance premiums under section 88B of chapter 33 of the General Laws $1,275,000

Massachusetts Emergency Management Agency.

8800-0001For 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 $1,267,999

8800-0100For the Pilgrim Nuclear Power Plant 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 public utilities 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 $429,268

8800-0200For the Seabrook and Vermont Yankee Power Plants Nuclear Safety Preparedness 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 public utilities 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; and 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, but shall not include municipalities or municipal light plants $280,753

Department of Correction.

8900-0001For the operation of the commonwealth’s department of correction; provided, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and homeland security 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, that the commissioner of corrections and the secretary of public safety and homeland security 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 funds shall be expended for programs providing support, counseling and family reunification services to women in prison and women reentering the community from prison; and provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level; and provided further, that the department shall expend not less than $500,000 for cities and towns hosting facilities $500,247,571

8900-0002For the operation of the Massachusetts Alcohol and Substance Abuse Center; provided, that the commissioner of the department of correction and the commissioner of the department of public health, or their designees, shall jointly issue a report to the house and senate committees on ways and means, the joint committee on mental health and substance abuse and the joint committee on public safety and homeland security on the feasibility of transferring the operations of the center from the department of correction to the department of public health; provided further, that the report shall include a detailed timeline for transition, costs and savings related to the transition, potential for federal reimbursement under the department of public health, siting and location details, staffing plans, changes to patient care, necessary changes to state statute, oversight and governance, security and comparisons to other state practices; provided further that in writing the report, the department of public health and the department of correction shall consult with the judiciary to ensure that any proposed transfer shall conform with current sentencing and civil commitment guidelines and practices; and provided further, that the report shall include recommendations for the funding and operations of MASAC should the commissioners determine that the transfer to the department of public health is not feasible $5,000,000

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

8900-0006For the provision of substance abuse treatment, prevention and testing services; provided, that the commissioner of corrections shall transfer funds from this item to item 8900-0001, as necessary, pursuant to an allocation plan, which shall detail, by object class, the distribution of said funds to be transferred and which the commissioner shall file with the house and senate committees on ways and means 15 days before any such transfer $3,360,468

Commonwealth Substance Abuse Treatment and Prevention Fund…100%

8900-0010For prison industries and farm services$2,075,758

8900-0011For the department of correction, which may expend not more than $2,600,000 for the prison industries and farm services programs from revenues collected from the sales of products; 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 $2,600,000

8900-0045For the department of correction, which 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 these reimbursements shall not be available for expenditure and shall be deposited in 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 $3,000,000

8900-1100For re-entry programs at the department of correction intended to reduce recidivism rates; provided, that said programs shall be in addition to those provided in fiscal year 2006; provided further, that the department shall report to the house and senate committees on ways and means not later than January 20, 2011 on re-entry programming at the department of correction; and provided further that the report shall include information on the type of programs provided and the recidivism rate of the offenders who successfully complete the programs $550,139

County Correction.

8910-0003For 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; 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 these 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 2011 to the sheriff departments and the department of correction associated with the regional units; provided further, that this report shall be submitted to the house and senate committees on ways and means not later than March 15, 2011”; and provided further, that the department of mental health shall maintain monitoring and quality review functions of the units $1,886,335

SHERIFFS

Hampden Sheriff’s Department.

8910-0102For the operation of the Hampden sheriff’s department; 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, 2010 $65,023,431

8910-1000For the Hampden sheriff’s department, which may expend for prison industries programs an amount not to exceed $1,844,458 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 $2,005,423

8910-2222For the Hampden sheriff’s department which may expend for the operation of the department an amount not to exceed $1,500,000 from federal inmate 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 as reported in the state accounting system $1,500,000

Worcester Sheriff’s Department.

8910-0105For the operation of the Worcester sheriff’s department; 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, 2010 $40,341,283

Middlesex Sheriff’s Department.

8910-0107For the operation of the Middlesex sheriff’s department; 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, 2010 $59,614,670

8910-0160For 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

8910-1100For the Middlesex sheriff’s department, which may expend for the operation of a prison industries program an amount not to exceed $100,000 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 in the Massachusetts management accounting and reporting system $100,000

Franklin Sheriff’s Department.

8910-0108For the operation of the Franklin Sheriff’s Department; 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, 2010 $8,701,145

8910-0188For the Franklin sheriff’s department, which may expend for the operation of the department an amount not to exceed $2,100,000 from revenues received from any state or federal inmate reimbursements; 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 therefore as reported in the state accounting system $2,100,000

Hampshire Sheriff’s Department.

8910-0110For the operation of the Hampshire sheriff’s department; 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, 2010 $11,692,665

8910-1112For the Hampshire sheriff’s department, which may expend for the operation of the Hampshire county regional lockup at the Hampshire county jail an amount not to exceed $175,000 in revenue; provided, that that the sheriff shall enter into agreements to provide detention services to various law enforcement agencies and municipalities and shall determine and collect fees for those detentions from the law enforcement agencies and municipalities $250,000

Berkshire Sheriff’s Department.

8910-0145For the operation of the Berkshire sheriff’s department; 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, 2010 $14,292,924

8910-0445For the Berkshire sheriff’s department, which may expend an amount not to exceed $250,000 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 $250,000

8910-0446 For the Berkshire sheriff’s department which may expend an amount not to exceed $400,000 from revenues collected from Berkshire County public schools; provided, that funds shall be expended for the operation of the Juvenile Resource Center; 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 sheriff’s office 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 expenditures from this item shall be subject to chapter 29 of the General Laws and recorded on the Massachusetts management accounting and reporting system………………………………………………………………..$400,000

Essex Sheriff’s Department.

8910-0619For the operation of the Essex sheriff’s department; 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, 2010 $44,237,906

8910-6619For the Essex sheriff’s department, which 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 2011; 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

Massachusetts Sheriff’s Association.

8910-7100For the Massachusetts Sheriffs Association, which may expend for its operation an amount not to exceed $150,000 in revenue collected from voluntary contributions from all sheriffs; 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 of the General Laws or 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 2010; and provided further, that the report shall be submitted to the house and senate committees on ways and means not later than February 1, 2011 $150,000

Barnstable Sheriff’s Department.

8910-8200For the operation of the Barnstable sheriff’s department; 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, 2010 $20,810,275

8910-8210For the Barnstable sheriff’s department, which may expend for the operation of the department an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; 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 as reported in the state accounting system $250,000

Bristol Sheriff’s Department.

8910-8300For the operation of the Bristol sheriff’s department; 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, 2010 26,711,207

8910-8310For the Bristol sheriff’s department, which may expend for the operation of the department an amount not to exceed $6,500,000 from revenues received from federal inmate reimbursements; 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 as reported in the state accounting system $6,500,000

Dukes Sheriff’s Department.

8910-8400For the operation of the Dukes sheriff’s department; 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, 2010 2,516,407

Nantucket Sheriff’s Department.

8910-8500For the operation of the Nantucket sheriff’s department; 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, 2010 $766,940

Norfolk Sheriff’s Department.

8910-8600For the operation of the Norfolk sheriff’s department; 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, 2010 $22,796,453

8910-8610For the Norfolk sheriff’s department, which may expend for the operation of the department an amount not to exceed $2,500,000 from revenues received from federal inmate reimbursements; 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 as reported in the state accounting system $2,500,000

Plymouth Sheriff’s Department.

8910-8700For the operation of the Plymouth sheriff’s department; 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, 2010 $23,679,154

8910-8710For the Plymouth sheriff’s department, which may expend for the operation of the department an amount not to exceed $16,000,000 from revenues received from federal inmate reimbursements; 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 as reported in the state accounting system $16,000,000

Suffolk Sheriff’s Department.

8910-8800For the operation of the Suffolk sheriff’s department; 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, 2010 $84,956,188

8910-8810For the Suffolk sheriff’s department, which may expend for the operation of the department an amount not to exceed $8,000,000 from revenues received from federal inmate reimbursements; 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 as reported in the state accounting system $8,000,000

Parole Board.

8950-0001For the operation of the parole board$17,857,722

8950-0002For the victim and witness assistance program of the parole board under chapter 258B of the General Laws $210,670

8950-0008For the operation of the parole board’s sex offender management program and the supervision of high-risk offenders; provided, that the parole board may expend an amount not more than $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, 2011, which shall include, but not be limited to, the number of parolees participating in the program and the re-incarceration rate of participating parolees $600,000

EXECUTIVE OFFICE OF ELDER AFFAIRS.

Office of the Secretary.

9110-0100For the operation of the executive office of elder affairs and regulation of assisted living facilities; provided, that the secretary shall continue to support community care ombudsman services; and provided further, that the executive office of elder affairs shall report annually to the house and senate committees on ways and means on the number of assisted living units certified and the total revenues generated from application and certification fees for such units $2,000,000

9110-1455For 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 funds shall be expended for the operation of the pharmacy outreach program established in section 4C of chapter 19A of the General Laws; 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 said chapter 19A, shall be the payer of last resort for this 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 this program shall be subject to appropriation and, in fiscal year 2011, expenditures shall not be more than the amount authorized in this item; 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 executive office shall submit drafts of legislation required to implement such actions for review and analysis by the general court; provided further, that any cost savings to this item realized pursuant to the Patient Protection and Affordability Act of 2010, Public Law 111-148 and the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, shall be used to expand coverage and benefits available under this program upon the prior written approval of the secretary of administration and finance; provided further, that notification shall be given to the house and senate committees on ways and means at least 30 days prior to said coverage or benefits expansions; provided further, that the department shall seek to obtain maximum federal funding for discounts on prescription drugs available to the department and to prescription advantage enrollees; provided further, that the executive office shall take steps for the coordination of benefits with the Medicare prescription drug benefit created under the federal Medicare Prescription Drug Improvement and Modernization Act of 2003 to ensure that Massachusetts residents take advantage of this benefit; provided further, that the executive office 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 or by other plans which provide creditable prescription drug coverage as defined by section 104 of the Medicare Modernization Act and which provide coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D; provided further, that a person shall also be eligible to enroll in the program at any time within a year after reaching age 65; and provided further, that the executive office shall allow those who meet the program eligibility criteria to enroll in the program at any time during the year; and provided further, that not more than $4,000,000 shall be directed towards wrap-around coverage of out-of-pocket expenses prior to the donut hole coverage period for members with income levels at or below 188 per cent of the federal poverty level $35,542,765

9110-1500For the provision of enhanced home care services, including case management to elders who meet the eligibility requirements of the home care program and 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, that the secretary shall seek to obtain federal financial participation for all services provided to seniors who qualify for Medicaid benefits under the section 1915C waiver; provided further, that the executive office 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 2010 federal poverty income levels and 2010 social security income standards; provided further, that the report shall be submitted not later than February 1, 2011; and provided further, that the executive office shall submit a report not later than October 15, 2010, 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, 2010, compared to the number of individuals on a waiting list on July 1, 2010 $45,789,340

9110-1604For the operation of the supportive senior housing program at state or federally-assisted housing sites; provided, that funds shall be expended to fully fund existing sites $4,123,201

9110-1630For 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, geriatric mental health services and other services provided to the elderly; provided, that sliding-scale fees shall be charged to qualified elders; provided further, that the secretary of elder affairs may waive collection of sliding-scale fees in cases of extreme financial hardship; provided further, that not more than $11,500,000 in revenues accrued from sliding-scale 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-scale fees; provided further, that the executive office shall report quarterly 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 2011 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; 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 $103,251,164

9110-1633For 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 in this item to item 9110-1630. $37,164,926

9110-1636For the elder protective services program, including, but not limited to, protective services case management, guardianship services, the statewide elder abuse hotline, money management services and the elder-at-risk program $16,733,776

9110-1660For congregate and shared housing services and naturally-occurring retirement communities for the elderly $1,644,214

9110-1900For the elder nutrition program$6,367,970

9110-9002For 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 of elder affairs; provided further that funding shall be expended for provider training and outreach for LGBT elders and caregivers; and provided further, that such distribution schedules shall be submitted to the house and senate committees on ways and means $8,315,068

LEGISLATURE.

Senate.

9500-0000For the operation of the senate$17,067,606

9510-0000For expenses incurred by the senate related to the joint committee on redistricting, prior appropriation continued $750,000

House of Representatives.

9600-0000For the operation of the house of representatives$30,292,914

9610-0000For expenses incurred by the house of representatives related to the joint committee on redistricting, prior appropriation continued $750,000

Joint Legislative Expenses.

9700-0000For the joint operations of the legislature$6,333,424

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 under 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 2011. 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 2011 shall be transferred to the General Fund.

OFFICE OF THE SECRETARY OF STATE.

0511-0003For 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

0511-0235For 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 where appropriate; provided further, that the secretary of state may expend revenues not to exceed $100,000 of the funds received for the costs of the obsolete record destruction; and provided further, that the fees shall be charged on an equitable basis $100,000

OFFICE OF THE STATE COMPTROLLER.

1000-0005For the cost of the single state audit for the fiscal year ending June 30, 2011; provided, that the comptroller may charge other appropriations and federal grants for the cost of the audit $750,000

1000-0008For the costs of operating and managing the MMARS and New MMARS accounting system for fiscal year 2011 $2,679,189

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Office of the Secretary.

1100-1701For the cost of information technology services provided to agencies of the executive office for administration and finance $20,771,507

Division of Capital Asset Management and Maintenance.

1102-3224For the costs for the Leverett Saltonstall building lease and occupancy payments; provided, that the division of capital asset management and maintenance shall submit to the house and senate committees on ways and means on or before the first of each month beginning July 1, 2010, a monthly report on the agencies that currently, or will during fiscal year 2011, occupy space in the Saltonstall building, the agencies’ rental costs, utility costs, parking space allocation, floor space, lease dates, all services included in the lease and all services that the agencies are obligated to fund beyond the lease payments; and provided further, that the report shall include both estimated payments and prior expenditures $11,217,734

1102-3225For the costs of utilities and management services provided by the division, including the payment of electrical, fuel oil and natural gas purchases that are centrally billed to the commonwealth and for the purchase, delivery, handling of and contracting for supplies, postage and related equipment and other incidental expenses provided under section 51 of chapter 30 of the General Laws; provided, that any balance remaining unspent at the close of fiscal year 2011 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended from this item in fiscal year 2012 for energy efficiency projects; and provided further, that the division, in consultation with the department of energy resources, the operational services division and the executive office for administration and finance, shall implement a program for centralized energy management by July 1, 2011 $255,500,000

Bureau of State Office Buildings.

1102-3333For 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

1102-3336For the operation and maintenance of the space in the Hurley state office building occupied by the division of unemployment assistance $3,133,900

Reserves.

1599-2040For 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 items amounts equivalent to the amounts of 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 $10,000,000

1599-3100For the cost of the commonwealth’s employer contributions to the Unemployment Compensation Fund and the Medical Security Trust Fund; provided, that the secretary of 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 $34,000,000

Division of Human Resources.

1750-0101For 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 $400,000

1750-0105For the costs of workers’ compensation paid to public employees and for the workers’ compensation litigation unit, including the costs of personnel; 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 2011 to the house and senate committees on ways and means no later than March 2, 2011; 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 2011 as provided in this item 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 2011; (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 2010, and may include such additional amounts as the human resources division finds necessary under regulations adopted under this item; provided further, that the division may adopt a program of incentives for agencies to reduce their 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 2010 shall be transferred to the General Fund; provided further, that any unspent balance at the close of fiscal year 2010 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 2011; provided further, that the personnel administrator may expend in fiscal year 2011 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 $57,271,355

1750-0600For the cost of core human resources administrative processing functions $2,500,000

Operational Services Division.

1775-0800For the purchase, operation and repair of certain vehicles and for the costs of operating and maintaining all vehicles that are leased by other agencies, including the costs of personnel $7,600,000

1775-1000For printing, photocopying, and related graphic art or design work, including all necessary incidental expenses and liabilities; provided, that the secretary of administration and finance shall charge to other items of appropriation within the agencies of the executive branch for such services, including the costs of personnel $1,000,000

Information Technology Division.

1790-0200For 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 of 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 costs of the resources and services; provided further, that notwithstanding any general or special law to the contrary, charges for the costs 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 2011; 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; 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; and provided further, that any unspent balance at the close of fiscal year 2011 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for the item in fiscal year 2012 $63,000,000

1790-0400For 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 $2,349,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.

2000-1701For the cost of information technology services provided to agencies of the executive office of energy and environment $4,502,616

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-0102For the cost of transportation services for health and human services clients and the operation of the health and human services transportation office $7,282,744

4000-0103For the costs of core administrative functions performed within the executive office of health and human services; provided, that 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 as core administrative functions in order to improve administrative efficiency and preserve fiscal resources; provided further, that common functions that may be designated core administrative functions include human resources, financial management and leasing and facility management; 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; 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 item shall impair or change an employee’s status, rights, or benefits under chapter 150E of the General Laws $18,600,977

4000-1701For the cost of information technology services provided to agencies of the executive office of health and human services $31,152,563

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Massachusetts Commission for the Deaf and Hard of Hearing.

4125-0122For the costs of interpreter services provided by commission staff; provided, that the costs of personnel may be charged to this item; and 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 $250,000

Department of Public Health.

4510-0108For the costs of pharmaceutical drugs and services provided by the state office for pharmacy services, in this section called SOPS; provided, that SOPS shall notify in writing all agencies listed below of their obligations under this item by July 15, 2010; provided further, that SOPS shall continue to be the sole provider of pharmacy services for the following agencies currently under SOPS: the department of public health, the department of mental health, the department of developmental services, the department of correction, the department of youth services, the sheriff's departments of Bristol, Essex, Franklin, Hampden, Hampshire, Worcester, Middlesex, Berkshire, Suffolk, Norfolk, Barnstable, Dukes and Plymouth, and the Soldiers’ Homes in Holyoke and Chelsea; provided further, that SOPS shall be the sole provider of pharmacy services for all said agencies and all costs for pharmacy services shall be charged by this item; provided further, that said agencies shall not charge or contract with any other alternative vendor for pharmacy services other than SOPS with the exception of sheriffs transitioning to the state system under chapter 61 of the acts of 2009 and chapter 102 of the acts of 2009; provided further, that said sheriffs shall contract with SOPS following the expiration of existing pharmacy service contracts; provided further, that SOPS shall validate previously-submitted pharmacy expenditures including HIV Drug Assistance Program drug reimbursements during fiscal year 2011; provided further, that SOPS shall continue to work to reduce medication costs, provide standardized policies and procedures in a clinically responsible manner, provide comprehensive data analysis and improve the quality of clinical services; provided further, that SOPS shall report to the house and senate committees on ways and means no later than April 15, 2011 detailing the projected savings realized by each transitioning agency in comparison to their pharmacy costs in fiscal year 2010 and their projected savings for fiscal year 2012; and provided further, that the report shall also provide recommendations for the inclusion of other entities that may realize cost savings by joining SOPS $47,865,393

4590-0901For 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; provided, 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 thereof as reported in the state accounting system $150,000

4590-0903For 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 8910-0102, 8910-0105, 8910-0107, 8910-0108, 8910-0110, 8910-0145, 8910-0619, 8910-8200, 8910-8300, 8910-8400, 8910-8500, 8910-8600, 8910-8700 and 8910-8800 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 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 thereof as reported in the state accounting system $3,800,000

Department of Developmental Services.

5948-0012For a program providing alternatives to residential placements for children with intellectual disabilities, including the costs of intensive home-based supports, provided in item 7061-0012 of section 2 $4,000,000

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT.

Office of the Secretary.

7002-0018For the cost of information technology services provided to agencies of the executive office of housing and economic development $3,649,696

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.

Office of the Secretary.

7002-0171For the cost of information technology services provided to agencies of the executive office of labor and workforce development $17,708,505

EXECUTIVE OFFICE OF EDUCATION.

Office of the Secretary.

7009-1701For the cost of information technology services provided to agencies of the executive office of education $1,837,477

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY.

8000-1701For the cost of information technology services provided to agencies of the executive office of public safety and security $11,454,657

State Police.

8100-0002For the costs of overtime associated with requested police details; provided, that for the purpose of accommodating discrepancies between the receipt of 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 thereof as reported in the state accounting system $33,000,000

8100-0003For the costs associated with the use of the statewide telecommunications system for the maintenance of the system $156,375

Military Division.

8700-1145For the costs of utilities and maintenance and for the implementation of energy conservation measures with regard to the state armories $300,000

Department of Correction.

8900-0021For 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 operational services division; 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, 2010, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2011, in addition to any amount appropriated in this section.

JUDICIARY

0320-1700For the purposes of a federally funded grant entitled, State Court Improvement Program Basic Grant.......................... $436,615

0320-1701For the purpose of a federally funded grant entitled, CIP Data Sharing Grant $295,130

0320-1703For the purpose of a federally funded grant entitled, CIP Training Grant $392,682

DISTRICT ATTORNEYS.

Plymouth District Attorney.

0340-0806For the purposes of a federally funded grant entitled, Weed and Seed Campello $142,000

0340-0816For the purposes of a federally funded grant entitled, Drug Free Communities $65,804

0340-0821For the purposes of a federally funded grant entitled, Brockton’s Promise- Youth Mentoring $107,995

0340-0823For the purposes of a federally funded grant entitled, Child Sexual Predator Program $65,804

0340-0825For the purposes of a federally funded grant entitled, ARRA-Justice Assistance Grant Local Solicitation $263,000

Cape and Islands District Attorney.

0340-1013For the purposes of a federally funded grant entitled, Federal Forfeiture Trust Account $60,000

SECRETARY OF STATE.

0521-0800For the purpose of a federally funded grant entitled, Election Assistance for Disabled Individuals $700,041

0526-0114For the purposes of a federally funded grant entitled, Historic Preservation Survey and Planning $908,000

ATTORNEY GENERAL.

0810-0026For the purposes of a federally funded grant entitled, Crime Victim Compensation $1,000,000

Victim and Witness Assistance Board.

0840-0110For the purposes of a federally funded grant entitled, Victims of Crime Assistance Programs $6,960,526

0840-4611For the purposes of a federally funded grant entitled, Byrne Federal Grant $334,384

0840-4620For the purposes of a federally funded grant entitled, VAWA Federal Grant $358,012

EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE

Massachusetts Developmental Disabilities Council.

1100-1703For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for this grant, this item shall be exempt from the first $290,000 of fringe benefit and indirect cost charges under section 6B of chapter 29 of the General Laws $3,280,078

1100-1704 For the purposes of a federally funded grant entitled, Implementation of the Federal Developmental Disabilities Act; provided, that in order to qualify for this grant, this item shall be exempt from the first $10,000 of indirect cost charges pursuant to section 6B of chapter 29 of the General Laws $100,000

Massachusetts Office on Disability

1107-2450For the purposes of a federally funded grant entitled, Client Assistance Program $239,000

Department of Revenue.

1201-0109For the purposes of a federally funded grant entitled, Access and Visitation - Parent Education Program $222,169

1201-0126For the purposes of a federally funded grant entitled, Family Centered Services for Unwed Parents in the IVD Caseload $149,511

1201-0127For the purposes of a federally funded grant entitled, Health Care-Medical Support in Child Support Enforcement $38,060

1201-0128For the purposes of a federally funded grant entitled, CSE Modification Grant $100,000

1201-0412For the purposes of federally funded grants entitled, Child Support Enforcement Grants, Child Support IVD Companion account to CSE Demonstration Grants $660,788

DISABLED PERSONS PROTECTION COMMISSION.

1107-2509For the purposes of a federally funded grant entitled, Disabled Persons Protection Commission, Multi-Disciplinary Responses to Crime $200,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS.

Office of the Secretary.

2000-0141For the purposes of a federally funded grant entitled, Coastal Zone Management and Development $2,419,883

2000-0179For the purposes of a federally funded grant entitled, Eel River Restoration $100,000

2000-0186For the purposes of a federally funded grant entitled, Aquatic Nuisance Species Management Plan $68,210

2000-0248For the purposes of a federally funded grant entitled, Mass Bays Program II $644,275

2000-0550For the purposes of a federally funded grant entitled, Pollution Prevention $40,000

2000-9600For the purposes of a federally funded grant entitled, Narragansett Bay $73,370

2000-9701For the purposes of a federally funded grant entitled, Outdoor Recreation Projects - Political Subdivisions $2,430,217

2000-9735For the purposes of a federally funded grant entitled, Buzzards Bay Estuary Program $589,382

2030-0013For the purposes of a federally funded grant entitled, Fisheries Enforcement $910,230

2030-9701For the purposes of a federally funded grant entitled, Safe Boating Program $1,795,732

Department of Public Utilities.

7006-9002For the purposes of a federally funded grant entitled, Pipeline Security $646,000

Department of Environmental Protection.

2200-9706For the purposes of a federally funded grant entitled, Water Quality Management Planning $215,047

2200-9712For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking Underground Storage Tanks $1,234,281

2200-9717For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration Program for Department of Defense $1,329,165

2200-9724For the purposes of a federally funded grant entitled, Superfund Block Grant $875,942

2200-9728For the purposes of a federally funded grant entitled, Brownfields Assessment Program - Multi-Site Cooperative Agreement. $232,238

2200-9731For the purposes of a federally funded grant entitled, Brownfield Response $1,496,457

2200-9732For the purposes of a federally funded grant entitled, Brownfield Support Team – Statewide $333,598

2230-9702For the purposes of a federally funded grant entitled, Air, Water and Hazardous Waste Management Regulatory Programs $16,335,826

2230-9711For the purposes of a federally funded grant entitled, Environmental Information Exchange Network $69,992

2230-9712For the purposes of a federally funded grant entitled, FY09 Exchange Network – NPDES $224,990

2230-9713For the purposes of a federally funded grant entitled, Exchange Network $157,000

2240-9762For the purposes of a federally funded grant entitled, Reimbursement to Operators to Small Water Systems for Training and Certification $107,994

2240-9764For the purposes of a federally funded grant entitled, Special Appropriation Set-Aside Administration $83,844

2240-9773For the purposes of a federally funded grant entitled, Technical Assistance and Training for Drinking Water $57,506

2250-9712For the purposes of a federally funded grant entitled, Clean Air Act-Fine Particulate Matter Air Monitoring $425,357

2250-9716For the purposes of a federally funded grant entitled, Ambient Air Toxics Pilot Project. $140,626

2250-9726For the purposes of a federally funded grant entitled, Homeland Security Co-op Agreement $657,106

2250-9732For the purposes of a federally funded grant entitled, Underground Storage $570,254

2290-3000For the purposes of a federally funded grant entitled, State Clean Diesel Grant Program $400,860

2290-3001For the purposes of a federally funded grant entitled, Natural Diesel – State Fleet Retrofit $126,000

2290-4000For the purposes of a federally funded grant entitled, ARRA LUST Trust Fund Program $1,162,587

2290-5000For the purposes of a federally funded grant entitled, MA Water Quality Management Plan $304,441

Department of Fish and Game.

2300-0114For the purposes of a federally funded grant entitled, USFWS Partnership Program $100,000

2300-0115For the purposes of a federally funded grant entitled, US Fish and Wildlife Service Eastern Brook Trout Joint Venture $15,000

2300-0116For the purposes of a federally funded grant entitled, Riverways - Natural Resource Conservation Services Wildlife Habitat Incentive Program $149,382

2300-0117For the purposes of a federally funded grant entitled, USFWS – Coastal Program $10,000

2300-0179For the purposes of a federally funded grant entitled, National Coastal Wetland Conservation $450,000

2310-0115For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier I $65,000

2310-0116For the purposes of a federally funded grant entitled, Land Owner Incentive Program – Tier II $200,000

2310-0117For the purposes of a federally funded grant entitled, Chronic Wasting Disease $60,000

2330-9222For the purposes of a federally funded grant entitled, Clean Vessel$850,000

2330-9712For the purposes of a federally funded grant entitled, Commercial Fisheries Statistics $150,000

2330-9713For the purposes of a federally funded grant entitled, Right Whale Conservation $420,000

2330-9714For the purposes of a federally funded grant entitled, Commercial Fisheries Extension $4,000

2330-9721For the purposes of a federally funded grant entitled, Anadromous Fisheries Management. $41,000

2330-9725For the purposes of a federally funded grant entitled, Boating Infrastructure $100,000

2330-9730For the purposes of a federally funded grant entitled, Interstate Fisheries Management Support $240,000

2330-9732For the purposes of a federally funded grant entitled, ACCSP Implementation Strategic Plan $125,000

2330-9736For the purposes of a federally funded grant entitled, Marine Fisheries Institute $600,000

2330-9738For the purposes of a federally funded grant entitled, Red Tide Economic Relief $800,000

2330-9739For the purposes of a federally funded grant entitled, Turtle Disengagement. $25,000

2330-9740For the purposes of a federally funded grant entitled, Lobster Gear Removal/Rope Work $40,000

2330-9741For the purposes of a federally funded grant entitled, MA Fisheries Economic Assistance Program $145,000

2330-9742For the purpose of a federally funded grant entitled, Age and Growth Project – Segment One $250,000

Department of Agricultural Resources.

2511-0310For the purposes of a federally funded grant entitled, Pesticide Enforcement. $337,500

2511-0400For the purposes of a federally funded grant entitled, Cooperative Pest Survey Program $112,300

2511-0401For the purposes of a federally funded grant entitled, Cooperative Pesticide Recordkeeping Program $20,000

2511-0972For the purposes of a federally funded grant entitled, Farmland Protection $4,571,076

2511-1025For the purposes of a federally funded grant entitled, Country of Origin Labeling. $101,000

2515-1002For the purposes of a federally funded grant entitled, Animal Disease Surveillance Homeland Security $52,659

2515-1004For the purposes of a federally funded grant entitled, Scrapie Disease Surveillance and Flock Certification $5,461

2515-1006For the purposes of a federally funded grant entitled, National Animal Identification System $14,359

2515-1008For the purposes of a federally funded grant entitled, Highly Pathogenic Avian Influenza $98,000

2516-9002For the purposes of a federally funded grant entitled, Development of Institutional Marketing $716,072

2516-9003For the purposes of a federally funded grant entitled, Farmer’s Market Coupon Program $474,000

2516-9004For the purposes of a federally funded grant entitled, Senior Farmers Market Nutrition Program $581,000

2516-9007For the purposes of a federally funded grant entitled, Organic Certification Cost-Share Program $60,000

Department of Conservation and Recreation.

2800-9707For the purposes of a federally funded grant entitled, National Flood Insurance Program $184,000

2800-9709For the purposes of a federally funded grant entitled, FEMA Flood Map Modernization $110,000

2800-9726For the purposes of a federally funded grant entitled, FEMA National Dam Safety Program $75,293

2800-9729For the purposes of a federally funded grant entitled, Reconnect$145,306

2820-9702For the purposes of a federally funded grant entitled, Rural Community Fire Protection $70,000

2820-9704For the purposes of a federally funded grant entitled, NRCS Wildlife Habitat Incentives Program $7,320

2820-9705For the purposes of a federally funded grant entitled, Animal and Plant Health Inspections $6,010,000

2821-9705For the purposes of a federally funded grant entitled, Urban and Community Forestry Program $285,223

2821-9709For the purposes of a federally funded grant entitled, Forestry Stewardship, Forest Legacy and Conservation Education $4,605,575

2821-9711For the purposes of a federally funded grant entitled, Rural Fire Prevention and Control $226,964

2821-9713For the purposes of a federally funded grant entitled, Wildland Urban Interface Fuels Management $192,962

2821-9726For the purposes of a federally funded grant entitled, Forest Health Management - US Forest Service $76,147

2821-9800For the purposes of a federally funded grant entitled, USFS Native Species Ecological Restoration $292,500

2821-9801For the purposes of a federally funded grant entitled, USFS Southeast Massachusetts Fuels Mitigation $914,431

2821-9802For the purposes of a federally funded grant entitled, USFS Asian Longhorn Beetle Area Watershed Health and Ecological Enhancement $2,191,024

2830-9705For the purposes of a federally funded grant entitled, SUASCO Watershed Flood Control Reservoir $3,507

2840-9709For the purposes of a federally funded grant entitled, Waquoit Bay National Estuarine Research Reserve Consolidated Funding $523,887

2840-9715For the purposes of a federally funded grant entitled, NOAA CECLP Grant $1,986,750

2850-9701 For the purposes of a federally funded grant entitled, Recreational Trails Program $850,000

Department of Energy Resources.

7006-9237For the purposes of a federally funded grant entitled, Rebuild Mass – Energy Smart Communities $41,281

7006-9243For the purposes of a federally funded grant entitled, BIOMASS – Sustainable Forest $284,391

7006-9301For the purposes of a federally funded grant entitled, How Cost-Effective Energy Efficiency $39,168

7006-9302For the purposes of a federally funded grant entitled, State Industrial Assessment Projects $49,572

7006-9303For the purposes of a federally funded grant entitled, SEP Advance Energy Codes $464,689

7006-9800For the purposes of a federally funded grant entitled, Energy Ramp Up $8,904,723

7006-9801For the purposes of a federally funded grant entitled, Energy Assistance Planning $292,707

7006-9802For the purposes of a federally funded grant entitled, State Energy Rebate Program $623,500

7006-9803For the purposes of a federally funded grant entitled, Energy Efficiency and Conservation Block Grant Program $1,500,000

7006-9720For the purposes of a federally funded grant entitled, State Heating Oil $22,288

7006-9730For the purposes of a federally funded grant entitled, SEP II$753,000

7006-9757For the purposes of a federally funded grant entitled, BIOMASS$9,376

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

Office of the Secretary.

4000-0544For the purposes of a federally funded grant entitled, CHIPRA Quality Demonstration Grant $1,496,542

4000-0122For the purposes of a federally funded grant entitled, USDA – Direct Certification and Verification for School Lunch Eligibility $583,200

4000-7560For the purposes of a federally funded grant entitled, Medicaid ER Diversion Grant. $103,445

4000-7570For the purposes of a federally funded grant entitled, Medicaid Transformation Grant $67,937

4000-9058For the purposes of a federally funded grant entitled, My Child$1,365,589

4000-9401For the purposes of a federally funded grant entitled, Community Mental Health Services $8,058,984

Office for Refugees and Immigrants.

4003-0801For the purposes of a federally funded grant entitled, Achieving Self-Sufficiency in a Short Time (ASSIST) $335,000

4003-0803For the purposes of a federally funded grant entitled, Refugee School Impact $287,500

4003-0804For the purposes of a federally funded grant entitled, refugee Targeted Assistance Grant $836,407

4003-0805For the purposes of a federally funded grant entitled, Refugee Resettlement Program $1,430, 488

4003-0806For the purposes of a federally funded grant entitled, Refugee Cash, Medical, and Administration $9,632,403

4003-0810For the purposes of a federally funded grant entitled, Refugee Agriculture Partnership Program (RAPP) $93,518

4003-0811For the purposes of a federally funded grant entitled, Brand New Grant Refugee Micro Enterprise Program $250,000

Massachusetts Commission for the Blind.

4110-3020For 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 $150,000

4110-3021For the purposes of a federally funded grant entitled, Basic Support Grant $8,171,900

4110-3023For the purposes of a federally funded grant entitled, Independent Living — Adaptive Housing $65,550

4110-3026For the purposes of a federally funded grant entitled, Independent Living — Services to Older Blind Americans $774,609

4110-3027For the purposes of a federally funded grant entitled, Rehabilitation Training $29,280

4110-3028For the purposes of a federally funded grant entitled, Supported Employment $128,100

Massachusetts Rehabilitation Commission.

4120-0020For 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 $40,119,565

4120-0021For the purposes of a federally funded program entitled, Basic Vocational Rehabilitation Support $2,998,320

4120-0040For the purposes of a federally funded grant entitled, Vocational Rehabilitation and Comprehensive Systems of Personnel Development Training $110,200

4120-0187For the purposes of a federally funded grant entitled, Supported Employment Program $516,463

4120-0191For the purposes of a federally funded grant entitled, Informed Members Planning and Assessing Choices Together (IMPACT) $165,637

4120-0511For the purposes of a federally funded grant entitled, Disability Services - Determination . $42,095,044

4120-0603For the purposes of a federally funded grant entitled, Innovation Strategies for Transition Youth with Disabilities $350,000

4120-0608For the purposes of a federally funded grant entitled, TBI Implementation Grant $250,000

4120-0760For the purposes of a federally funded grant entitled, Independent Living $1,750,000

4120-0761For the purposes of a federally funded grant entitled, Centers for Independent Living Recovery Act FY11 Spending and State Independent Living Services, Recovery Act FY11 Spending . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,200,000

4120-0768For the purposes of a federally funded grant entitled, Assistive Technology Act $500,938

Department of Veterans’ Services.

1410-0054For the purposes of a federally funded grant entitled, Non-Urban Homeless Veterans Reintegration $200,000

1410-0055For the purposes of a federally funded grant entitled, Urban Homeless Veterans Reintegration $300,000

1410-0056For the purposes of a federally funded grant entitled, Veterans’ Workforce Investment Program $500,000

Department of Transitional Assistance.

4400-1999For the purposes of a federally funded grant entitled, ARRA Supplemental Nutrition Assistance Program $400,000

4400-3067For the purposes of a federally funded grant entitled, Food Stamp Employment and Training $2,100,000

4400-3068For the purposes of a federally funded grant entitled, Reaching Underserved Elderly and Working Poor in SNAP $350,000

4400-3069For the purposes of a federally funded grant entitled, Full Employment Food Stamp Cash-Out $15,000

4400-1998For the purposes of a federally funded grant entitled, DoD Supplemental Nutrition Assistance Program $9,126,837

Department of Public Health.

4500-1000For the purposes of a federally funded grant entitled, Preventive Health Services Block Grant $2,749,602

4500-1050For the purposes of a federally funded grant entitled, Rape Prevention and Education $842,169

4500-1051For the purposes of a federally funded grant entitled, Sexual Assault Services Program $141,192

4500-1059For the purposes of a federally funded grant entitled, Health Equity$238,000

4500-1060For the purposes of a federally funded grant entitled, the Rape Prevention Program Planning and Evaluation Capacity Building $100,000

4500-1065For the purposes of a federally funded grant entitled, State Partnership to Improve Minority Health $14,876

4500-2000For the purposes of a federally funded grant entitled, Maternal and Child Health Services Block Grant $11,758,404

4502-1012For the purposes of a federally funded grant entitled, Cooperative Health Statistics System $531,239

4510-0109For the purposes of a federally funded grant entitled, State Loan Repayment Project $250,000

4510-0111For the purposes of a federally funded grant entitled, State Loan Repayment Program $100,000

4510-0113For the purposes of a federally funded grant entitled, Office of Rural Health. $171,236

4510-0115For the purposes of a federally funded grant entitled, State Primary Care Offices $42,470

4510-0118For the purposes of a federally funded grant entitled, Primary Care Cooperative Agreement $110,923

4510-0119For the purposes of a federally funded grant entitled, Rural Hospital Flexibility Program $303,900

4510-0219For the purposes of a federally funded grant entitled, Small Rural Hospital Improvement Program $81,000

4510-0221For the purposes of a federally funded grant entitled, Targeted Oral Health Services $160,000

4510-0222For the purposes of a federally funded grant entitled, Massachusetts Oral Health Workforce in New Sites II $398,775

4510-0400For the purposes of a federally funded grant entitled, Medicare and Medicaid Survey and Certification $9,282,552

4510-0404For the purposes of a federally funded grant entitled, Bioterrorism Hospital Preparedness. $8,301,006

4510-0405For the purposes of a federally funded grant entitled, Pandemic Flu Healthcare Preparation Improvement $7,500

4510-0407For the purpose of a federally funded grant entitled, Healthcare Inquired Infections $39,431

4510-0500For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement $295,153

4510-0609For the purposes of a federally funded grant entitled, NRC Security Inspections $5,000

4510-0619For the purposes of a federally funded grant entitled, FDA Inspection of Food Establishments $317,833

4510-0626For the purposes of a federally funded grant entitled, Statewide Surveillance of Health Concerns and Toxic Algae Blooms $150,000

4510-0630For the purposes of a federally funded grant entitled, Enabling Electronic Prescribing and Enhancement $230,150

4510-0636For the purposes of a federally funded grant entitled, Childhood Lead Paint Poisoning Prevention $1,100,320

4510-0638For the purposes of a federally funded grant entitled, Edward Byrne Memorial State and Local Law Enforcement Assistance $60,236

4510-0639For the purposes of a federally funded grant entitled, Food Protection Rapid Response Team $497,617

4510-0641For the purpose of a federally funded grant entitled, Harold Rogers Drug Monitoring Program $252,600

4510-9014For the purposes of a federally funded grant entitled, Mammography Quality Standards Act Inspections. $174,629

4510-9043For the purposes of a federally funded grant entitled, Demonstration Program to Conduct Toxic Waste Site Health Impact Assessments $411,815

4510-9048For the purposes of a federally funded grant entitled, Indoor Radon Development Program $155,000

4510-9053For the purposes of a federally funded grant entitled, Beaches Environmental Assessment $271,790

4510-9056For the purposes of a federally funded grant entitled, National Environmental Public Health Tracking. $939,098

4512-0102For the purposes of a federally funded grant entitled, Sexually Transmitted Disease Control $1,566,298

4512-0178For the purposes of a federally funded grant entitled, Immunization$461,924

4512-0179For the purposes of a federally funded grant entitled, Vaccination Assistance Project $5,872,112

4512-0180For the purposes of a federally funded grant entitled, Epidemiology and Lab Surveillance $1,048,637

4512-0181For the purposes of a federally funded grant entitled, Meningococcal $99,500

4512-0182For the purposes of a federally funded grant entitled, Preventing Healthcare Associated Infections $730,466

4512-9065For the purposes of a federally funded grant entitled, State Outcomes Measurement and Management System $150,000

4512-9067For the purposes of a federally funded grant entitled, Screening and Brief Intervention $2,800,000

4512-9068For the purposes of a federally funded grant entitled, Collaborative for Action, Leadership, and Learning. $2,093,000

4512-9069For the purposes of a federally funded grant entitled, Substance Abuse Prevention and Treatment Block Grant $37,030,730

4512-9070For the purposes of a federally funded grant entitled, Promoting Safe and Stable Families $500,000

4512-9426For the purposes of a federally funded grant entitled, Uniform Alcohol and Drug Abuse Data Collection $82,226

4513-0111For the purposes of a federally funded grant entitled, Housing Opportunities - People with AIDS $180,474

4513-1123For the purposes of a federally funded grant entitled, Adult Viral Hepatitis Prevention Coordinator $106,790

4513-9007For the purposes of a federally funded grant entitled, Nutritional Status of Women, Infants, and Children (WIC) $94,944,088

4513-9018For the purposes of a federally funded grant entitled, Augmentation and Evaluation of Established Health Education - Risk Reduction $11,092,885

4513-9020For the purposes of a federally funded grant entitled, Expanded and Integrated HIV Testing $677,946

4513-9021For the purposes of a federally funded grant entitled, Program for Infants and Toddlers with Handicaps $7,606,943

4513-9022For the purposes of a federally funded grant entitled, Prevention Disability State Based Project $275,000

4513-9023For the purposes of a federally funded grant entitled, Mass HIV/AIDS National Behavioral Surveillance $402,797

4513-9027For the purposes of a federally funded grant entitled, MassCare - Community AIDS Resource Enhancement $879,806

4513-9030For the purposes of a federally funded grant entitled, Planning a Comprehensive Primary Care System for All Mass Children and Youth $100,000

4513-9035For the purposes of a federally funded grant entitled, AIDS Surveillance and Seroprevalence Project $972,639

4513-9037For the purposes of a federally funded grant entitled, Ryan White Comprehensive AIDS Resources $21,225,000

4513-9038For the purposes of a federally funded grant entitled, Shelter Plus Care – Worcester $298,836

4513-9046For the purposes of a federally funded grant entitled, Congenital Anomalies Center of Excellence $1,000,000

4513-9051.. For the purposes of a federally funded grant entitled, Rural Domestic Violence and Children Victimization Project $400,000

4513-9060For the purposes of a federally funded grant entitled, Residential Fire Injury Prevention — Mass Injury Intervention and Surveillance $100,000

4513-9066For the purposes of a federally funded grant entitled, Universal Newborn Hearing Screening-Enhancement Project $300,000

4513-9071For the purposes of a federally funded grant entitled, Early Hearing Detection and Intervention (EHDI) Tracking and Research $194,579

4513-9076For the purposes of a federally funded grant program entitled, Early Childhood Comprehensive Systems $140,000

4513-9077For the purposes of a federally funded grant entitled, Emergency Medical Services for Children Partnership II $130,000

4513-9078For the purposes of a federally funded grant entitled, Asthma Planning Collaborative $375,000

4513-9082For the purpose of a federally funded grant entitled, CAPTA Requirement to Identify and Serve Substance Exposed Newborns $65,859

4513-9083For the purposes of a federally funded grant entitled, Massachusetts Youth Suicide Prevention Program $542,270

4513-9085For the purposes of a federally funded grant entitled, Massachusetts Pregnancy Risk $173,864

4513-9088For the purposes of a federally funded grant entitled, Helping Hands for Infants and their Families $475,000

4513-9089For the purposes of a federally funded grant entitled, First Time Motherhood- New Parents Initiative $92,706

4513-9091For the purposes of a federally funded grant entitled, NHI Health Disparities (READY) $431,245

4513-9092For the purposes of a federally funded grant entitled, Addressing Asthma From A Public Health Perspective $450,000

4513-9093For the purposes of a federally funded grant entitled, Massachusetts LAUNCH $850,000

4513-9094For the purposes of a federally funded grant entitled, MassCARE Data Systems Improvement (SPNS) $15,000

4514-1006For the purposes of a federally funded grant entitled, Getting to the Heart of the Matter $51,400

4514-1007For the purposes of a federally funded grant entitled, WICMIS$624,969

4515-0115For the purposes of a federally funded grant entitled, Tuberculosis Control Project $1,553,501

4515-0121For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological Studies and Consortium. $472,549

4515-0200For the purposes of a federally funded grant entitled, STD/HIV Prevention Training Centers $367,993

4515-0204For the purposes of a federally funded grant entitled, Strengthening Surveillance for Infectious Disease $176,376

4515-0205For the purposes of a federally funded grant entitled, HIV Training through Prevention Training Centers $46,672

4515-0206For the purposes of a federally funded grant entitled, Health Literacy and Oral Health Status of African Refugees $522,202

4516-1021For the purposes of a federally funded grant entitled, Public Health Preparedness and Response for Bioterrorism $14,050,475

4516-1028For the purposes of a federally funded grant entitled, State Local Public Health Infrastructure $1,049,486

4518-0505For the purposes of a federally funded grant entitled, Tech Data & Mass Birth/Infant Death File Linkage/Analysis Assistive Reproductive $26,399

4518-0514For the purposes of a federally funded grant entitled, National Violent Death Reporting System $263,348

4518-0534For the purposes of a federally funded grant entitled, Public Health Injury Surveillance and Prevention $745,793

4518-1000For the purposes of a federally funded grant entitled, Procurement of Information for the National Death Index $27,500

4518-1002For the purposes of a federally funded grant entitled, Massachusetts Death File - Social Security Administration $42,500

4518-1003For the purposes of a federally funded grant entitled, Massachusetts Birth Records — Social Security Administration $242,033

4518-9023For the purposes of a federally funded grant entitled, Census of Fatal Occupational Injuries $48,645

4518-9030For the purpose of a federally funded grant entitled, Public Health Injury Surveillance and Prevention Program $135,488

4518-9033For the purposes of a federally funded grant entitled, Teen Dating Violence Prevention $40,000

4518-9041For the purpose of a federally funded grant entitled, Amputation/CTS Project $143,250

4570-1509For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular Disease Prevention. $1,144,041

4570-1512For the purposes of a federally funded grant entitled, National Cancer Prevention Control $4,979,553

4570-1513For the purposes of a federally funded grant entitled, Colorectal Cancer Screening $1,000,000

4570-1514For the purposes of a federally funded grant entitled, Wise Woman$900,000

4570-1516For the purposes of a federally funded grant entitled, Paul Coverdell Acute Stroke Registry $600,000

4570-1517For the purposes of a federally funded grant entitled, Nutrition Obesity $1,000,152

4570-1520For the purposes of a federally funded grant entitled, Mass Integrated Chronic Disease $2,482,222

4570-1521For the purpose of a federally funded grant entitled, Physical Activity, Nutrition and Tobacco (Wellness) $509,368

4570-1522For the purpose of a federally funded grant entitled, Tobacco Retail Environment $600,000

4570-1523For the purpose of a federally funded grant entitled, Tobacco Quitline $423,700

Department of Children and Families.

4800-0005For the purposes of a federally funded grant entitled, Children’s Justice Act $332,604

4800-0007For the purposes of a federally funded grant entitled, The Family Violence Prevention and Support Services Act $1,817,225

4800-0009For the purposes of a federally funded grant entitled, Title IV-E Independent Living $2,813,371

4800-0013For the purposes of a federally funded grant entitled, Family Preservation and Support Services $4,737,454

4800-0085For the purposes of a federally funded grant entitled, Educational & Training Voucher Program $946,051

4899-0001For the purposes of a federally funded grant entitled, Title IV-B Child Welfare Services $4,182,270

4899-0022For the purposes of a federally funded grant entitled, Child Abuse and Neglect Prevention and Treatment $503,227

Department of Mental Health.

5012-9121For the purposes of a federally funded grant entitled, Project for Assistance in Transition from Homelessness $1,544,000

5012-9160For the purposes of a federally funded grant entitled, Jail Diversion and Trauma Recovery $710,000

5012-9161For the purposes of a federally funded grant entitled, Community Re-Entry for Women $75,000

5046-9102.. For the purposes of a federally funded grant entitled, Shelter Plus Care Program $201,120

5047-9102For the purposes of a federally funded grant entitled, Comprehensive Mental Health Services for Children and their Families. $1,375,000

Department of Developmental Services.

5947-0011For the purposes of a federally funded grant entitled, Real Choice Systems Change Grant $41,425

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION..

6440-0088For the purposes of a federally funded grant entitled, Performance Registry Information Systems Management $259,478

6440-0090For the purposes of a federally funded grant entitled, CDL Information System Enhancement $1,132,125

6440-0096For the purposes of a federally funded grant entitled, State Donor Registry Support Program $3,000

6440-0097For the purposes of a federally funded grant entitled, Commercial Driver License Information System $107,267

6440-0098For the purposes of a federally funded grant entitled, Safety Data Improvement Program $365,982

6440-0099For the purposes of a federally funded grant entitled, Real ID Demonstration Grant Program $1,579,474

6642-0018For the purposes of a federally funded grant entitled, Section 5311 Non-Urbanized Area Formula Program $4,515,625

6642-0020For the purposes of a federally funded grant entitled, Section 5316 Job Access and Reverse Commute $1,785,130

6642-0022For the purposes of a federally funded grant entitled, Transit Planning Research Grant $9,054

6642-0023For the purposes of a federally funded grant entitled, Section 5303 & 5304 Metropolitan Transportation Planning $4,537,265

6642-0026For the purposes of a federally funded grant entitled, Section 5317 New Freedom Operating Segment $2,232,253

6642-0027For the purposes of a federally funded grant entitled, Transit Capital Assistance Non-Urbanized Apportionments - ARRA $41,542

6642-0028For the purposes of a federally funded grant entitled, Intermodal Transportation Center - ARRA $800,000

6642-0049For the purposes of a federally funded grant entitled, Section 5310 Capital Equipment for Elderly and Disabled Program $6,314,215

Board of Library Commissioners.

7000-9702For the purposes of a federally funded grant entitled, Library Service Technology Act $3,538,865

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.

7002-1625For the purposes of a federally funded grant entitled, Veterans Workforce Investment Program FY11 $757,412

7002-4203For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration Statistical Survey $117,400

7002-4204For the purposes of a federally funded grant entitled, Adult Blood Lead Levels Surveillance $20,486

7002-4212For the purposes of a federally funded grant entitled, Asbestos Licensing and Monitoring $139,969

7002-4213For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring $284,244

7002-4215For the purposes of a federally funded grant entitled, Occupational Illness and Injury $86,848

7002-4216For the purposes of a federally funded grant entitled, Lead Enforcement Cooperative Agreement $70,000

7002-6621For the purposes of a federally funded grant entitled, Department of Workforce Development Administrative Services & Technology $18,170,477

7002-6624For the purposes of a federally funded grant entitled, Unemployment Insurance Administration $79,000,000

7002-6626For the purposes of a federally funded grant entitled, Employment Service Programs Administration $16,269,778

7002-6627For the purposes of a federally funded grant entitled, Occupational Substance and Health Administration On-site Consultation Program $1,406,000

7002-6628For the purposes of a federally funded grant entitled, Disabled Veterans Outreach $1,600,000

7002-6629For the purposes of a federally funded grant entitled, Local Veterans Employment Representative $2,100,000

7002-6646For the purposes of a federally funded grant entitled, WIA Recovery Act Employer Services $4,500,000

7002-9701For the purposes of a federally funded grant entitled, Federal Bureau of Labor Statistics Grant $2,569,258

7003-1010For the purposes of a federally funded grant entitled, Trade Expansion Act Program $18,541,849

7003-1630For the purposes of a federally funded grant entitled, Adult Activities – Workforce Investment Act Title I - Adult Activities $21,077,233

7003-1631For the purposes of a federally funded grant entitled, Youth Formula Grants – Workforce Investment Act Title I - Youth Formula Grants $24,370,973

7003-1632For the purposes of a federally funded grant entitled, Dislocated Workers – Workforce Investment Act Title I –Dislocated Workers $28,612,463

7003-1633For the purposes of a federally funded grant entitled, Work Incentive Grant Access to Employment for All $450,000

7003-1640For the purposes of a federally funded grant entitled, WIA Recovery Act Adult Workers. $4,500,000

7003-1642For the purposes of a federally funded grant entitled, WIA Recovery Act Dislocated Workers $14,000,000

7003-1651For the purposes of a federally funded grant entitled, WIA Recovery Act Youth Workers $12,000,000

7003-2013For the purposes of a federally funded grant entitled, Mine Safety and Health Training $79,636

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT.

Massachusetts Cultural Council.

0640-9716For the purposes of a federally funded grant entitled, Folk and Traditional Arts Initiative $25,000

0640-9717For the purposes of a federally funded grant entitled, Basic State Plan $672,400

0640-9718For the purposes of a federally funded grant entitled, Arts Education $62,200

0640-9724For the purposes of a federally funded grant entitled, Arts in Underserved Communities $162,600

Department of Housing and Community Development.

7004-0305For the purposes of a federally funded grant entitled, Lead Hazard Control $1,000,800

7004-2030For 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 $10,132,330

7004-2031For the purposes of a federally funded grant entitled, Weatherization Assistance for Low Income $29,193,995

7004-2032For the purposes of a federally funded grant entitled, Community Services Block Grant – Stimulus $4,984,517

7004-2033For 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. $212,825,235

7004-2034For 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 $17,722,616

7004-2361For the purposes of a federally funded grant entitled, Section 8 Substantial Rehabilitation Administrative Fee. $298,000

7004-2363For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Housing Voucher $2,420,000

7004-2364For the purposes of a federally funded grant entitled, Section 8 Administrative Fee Moderate Rehabilitation $229,732

7004-2365For the purposes of a federally funded grant entitled, Section 8 Administrative Fee New Construction $577,798

7004-3037For 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 $36,922,454

7004-3038For the purposes of a federally funded grant entitled, Neighborhood Stabilization $21,000,000

7004-3041For the purposes of a federally funded grant entitled, Community Development Block Grant – ARRA $3,000,000

7004-3051For the purposes of a federally funded grant entitled, Homeless Prevention and Rapid Rehousing Program $9,000,000

7004-9009For 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 $9,910,759

7004-9014For 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 $229,799,032

7004-9019For 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 $9,402,000

7004-9020For 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 $6,567,758

7004-9028For 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 agencies $20,000,000

7004-9039For the purposes of a federally funded grant entitled, Home Technical Assistance $75,000

7004-9051For 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 $82,000

4400-0705For the purposes of a federally funded grant entitled, Emergency Shelter Grants $2,900,000

4400-0707For the purposes of a federally funded grant entitled, Continuum of Care $6,000,000

4400-9404For the purposes of a federally funded grant entitled, McKinney Shelter Plus Care $3,400,000

EXECUTIVE OFFICE OF EDUCATION.

Department of Early Education and Care.

3000-0708For the purposes of a federally funded grant entitled, Head Start Collaboration. $175,000

3000-5050For the purposes of a federally funded grant entitled, the State Advisory Council on Early Childhood Education ARRA Head Start Grant $379,183

3000-9002For the purposes of a federally funded grant entitled, Child Abuse Prevention and Treatment Activities $585,000

Department of Elementary and Secondary Education.

7010-9706For the purposes of a federally funded grant entitled, Common Core Data Project $355,000

7032-0217For the purposes of a federally funded grant entitled, Robert C. Byrd Honors Scholarship Program — Distribution $810,000

7035-0166For the purposes of a federally funded grant entitled, Even Start Family Literacy — Distribution $1,020,500

7035-0210For the purposes of a federally funded grant entitled, Advanced Placement Fee Program $250,000

7038-0107For the purposes of a federally funded grant entitled, Adult Basic Education Distribution $10,268,705

7038-9004For the purposes of a federally funded grant entitled, School Based Programs Distribution $385,250

7043-1001For the purposes of a federally funded grant entitled, Title I Grants to Local Educational Agencies $244,326,143

7043-1004For the purposes of a federally funded grant entitled, Migrant Education $1,620,000

7043-1005For the purposes of a federally funded grant entitled, Title I Neglected and Delinquent Children $2,150,000

7043-1006For the purposes of a federally funded grant entitled, School Improvement Grant $8,122,058

7043-2001For the purposes of a federally funded grant entitled, Teacher and Principal Training and Recruiting $50,476,400

7043-2002For the purposes of a federally funded grant entitled, Enhancing Education through Technology $5,150,000

7043-2003For the purposes of a federally funded grant entitled, Title I Math and Science Partnerships $2,450,000

7043-3001For the purposes of a federally funded grant entitled, English Language Acquisition $11,648,109

7043-4001For the purposes of a federally funded grant entitled, Safe and Drug Free Schools and Communities $4,575,000

7043-4002For the purposes of a federally funded grant entitled, After School Learning Centers $18,170,311

7043-6001For the purposes of a federally funded grant entitled, Grants for State Assessments and Related Activities $7,850,000

7043-6002 For the purposes of a federally funded grant entitled, Rural and Low-Income Schools $49,500

7043-6501For the purposes of a federally funded grant entitled, Education for Homeless Children/Youth $1,200,000

7043-7001For the purposes of a federally funded grant entitled, Special Education Grants $295,000,000

7043-7002For the purposes of a federally funded grant entitled, Preschool Grants $11,350,000

7043-8001For the purposes of a federally funded grant entitled, Vocational Education Basic Grants $19,250,000

7043-8002For the purposes of a federally funded grant entitled, Technical Preparation Education $1,725,000

7044-0020For the purposes of a federally funded grant entitled, Project Focus Academy $1,200,000

7044-0210For the purposes of a federally funded grant entitled, Advanced Placement Fee Program $250,000

7047-9008For the purposes of a federally funded grant entitled, Learn and Serve America Competitive $1,150,000

7048-0228For the purposes of a federally funded grant entitled, IMP Health and Education Outcomes- Young People $1,110,000

7048-1616For the purposes of a federally funded grant entitled, College Access Challenge Grant Program $850,000

7048-9200For the purposes of a federally funded grant entitled, Statewide Longitudinal Data Systems Grant $2,450,000

7053-2008For the purposes of a federally funded grant entitled, Nuts, Fresh Fruit and Vegetables $1,550,000

7053-2112For the purposes of a federally funded grant entitled, Special Assistance Funds $155,833,146

7053-2117For the purposes of a federally funded grant entitled, Child Care Program $51,545,189

7053-2126For the purposes of a federally funded grant entitled, Temporary Emergency Food Assistance $690,200

7053-2202For the purposes of a federally funded grant entitled, Special Summer Food Service Program for Children $5,490,849

7062-0008For the purposes of a federally funded grant entitled, Office of School Lunch Programs — Child Care Program Administration $2,520,000

7062-0017For the purposes of a federally funded grant entitled, Charter Schools Assistance Distribution $2,800,000

7062-0019For the purposes of a federally funded grant entitled, Career Resource Network State Grant $70,000

Department of Higher Education.

7066-1574For the purposes of a federally funded grant entitled, Improving Teacher Quality Grants $1,600,000

7066-6033For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs $3,500,000

7070-0017 For the purposes of a federally funded grant entitled, Leveraging Educational Assistance Program— Department of Higher Education 966,853

7110-6019For the purposes of a federally funded grant entitled, Upward Bound Payroll and Benefits— Fitchburg State College $270,000

7110-6030For the purposes of a federally funded grant entitled, Expanding Horizons Student Support Services — Fitchburg State College $230,000

7110-6048For the purposes of a federally funded grant entitled, Special Education Personnel Preparation— Fitchburg State College $50,000

7410-3093For the purposes of a federally funded grant entitled, Polymer Building Construction — University of Massachusetts Amherst $2,711,376

7503-6557For the purposes of a federally funded grant entitled, Trio Talent Search – Bristol Community College $169,950

7503-9711For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Bristol Community College $370,607

7503-9714For the purposes of a federally funded grant entitled, Upward Bound Program — Bristol Community College $259,073

7509-1490For the purposes of a federally funded grant entitled, Educational Opportunities Centers Payroll — Mount Wachusett Community College $235,000

7509-9714For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — Mount Wachusett Community College $230,000

7509-9717For the purposes of a federally funded grant entitled, Upward Bound Math and Science Program – Mount Wachusett Community College $123,000

7509-9718For the purposes of a federally funded grant entitled, Talent Search — Mount Wachusett Community College. $240,000

7509-9720For the purposes of a federally funded grant entitled, Gaining Early Awareness and Readiness for Undergraduate Programs 2011— Mount Wachusett Community College $530,000

7511-9711For the purposes of a federally funded grant entitled, Special Services for Disadvantaged Students — North Shore Community College $550,000

7511-9740For the purposes of a federally funded grant entitled, Upward Bound — North Shore Community College $380,000

7511-9750For the purposes of a federally funded grant entitled, Talent Search— North Shore Community College. $230,000

7518-6127For the purposes of a federally funded grant entitled, College Work Study Program— Bunker Hill Community College $292,693

EXECUTIVE OFFICE OF PUBLIC SAFETY AND HOMELAND SECURITY.

Office of the Secretary.

8000-4602.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act — Planning $150,000

8000-4603.. For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency and Prevention Act $1,200,000

8000-4608.. For the purposes of a federally funded grant entitled, Drug-Free Schools and Communities Act of 1986 $1,200,000

8000-4609.. For the purposes of a federally funded grant entitled, Narcotics Control Assistance $866,000

8000-4610.. For the purposes of a federally funded grant entitled, Statistical Analysis Center $60,000

8000-4611.. For the purposes of a federally funded grant entitled, Byrne Justice Assistance $4,000,000

8000-4613.. For the purposes of a federally funded grant entitled, Project Safe Neighborhood Anti-Gang Initiative $500,000

8000-4614.. For the purposes of a federally funded grant entitled, Encourage Arrests Violence to Women $1,000,000

8000-4619.. For the purposes of a federally funded grant entitled, Title V$75,000

8000-4620.. For the purposes of a federally funded grant entitled, Stop Violence Against Women Formula Grants Program $2,000,000

8000-4623.. For the purposes of a federally funded grant entitled, Criminal History Improvement. $50,000

8000-4624.. For the purposes of a federally funded grant entitled, Prisoner Substance Abuse Treatment $100,000

8000-4692.. For the purposes of a federally funded grant entitled, State Homeland Security Program $45,000,000

8000-4693.. For the purposes of a federally funded grant entitled, Project Safe Neighborhood. $700,000

8000-4695.. For the purposes of a federally funded grant entitled, Homeland Security Buffer Zone Protection $2,000,000

8000-4696.. For the purposes of a federally funded grant entitled, Transportation Security Grant $12,000,000

8000-4697.. For the purposes of a federally funded grant entitled, Homeland Security Interoperable Communication. $8,000,000

8000-4698.. For the purposes of a federally funded grant entitled, Highway Safety Initiatives. $3,000,000

8000-4804.. For the purposes of a federally funded grant entitled, State Agency Programs $12,000,000

8000-4839.. For the purposes of a federally funded grant entitled, Enforcing Underage Drinking Law IV. $125,000

8000-4840.. For the purposes of a federally funded grant entitled, 2006 Enforcing Underage Drinking Laws $350,000

8000-4841.. For the purposes of a federally funded grant entitled, Fatality Analysis Reporting $150,000

8000-6612.. For the purposes of a federally funded grant entitled, Special Event Trust $150,000

8000-6613.. For the purposes of a federally funded grant entitled, Juvenile Accountability II $600,000

8000-6615.. For the purposes of a federally funded grant entitled, Community Security Expendable Trust $150,000

Department of State Police.

8100-0200.. For the purposes of a federally funded grant entitled, Motor Vehicle Data Quality $405,196

8100-0209.. For the purposes of a federally funded grant entitled, Region 1 Training Academy Motor Carrier Safety Assistance $150,500

8100-0210.. For the purposes of a federally funded grant entitled, MCSAP-CVE New Entrant Audit $630,213

8100-0217.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety Assistance $2,466,476

8100-0218.. For the purposes of a federally funded grant entitled, Federal Motor Carrier Safety FY09 $1,758,595

8100-2058.. For the purposes of a federally funded grant entitled, New England State Police Administrator’s Conference — Regional Investigation $703,335

8100-2638.. For the purposes of a federally funded grant entitled, Internet Crimes Against Children $250,000

8100-9706.. For the purposes of a federally funded grant entitled, Cannabis Eradication Controlled Substance Prosecution DEA Cooperative Agreement $39,680

8100-9730.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog FFY05 $127,332

8100-9733.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog. $267,342

8100-9735.. For the purposes of a federally funded grant entitled, Paul Coverdell National Forensic Science Improvement Act FY09 $55,200

8100-9736.. For the purposes of a federally funded grant entitled, Forensic Casework DNA Backlog $140,000

8100-9738.. For the purposes of a federally funded grant entitled, Operation Clean Sweep Byrne FY09 $440,481

8100-9739.. For the purposes of a federally funded grant entitled, Statewide Firearms Intelligence Byrne $220,630

Department of Fire Services.

8324-1505.. For the purposes of a federally funded grant entitled, USFA/NFA State Fire Training Program $28,000

8324-9707.. For the purposes of a federally funded grant entitled, Underground Storage Tank Registry Program $236,329

Military Division.

8700-0006.. For the purposes of a federally funded grant entitled, Military Construction Costs in Methuen $21,301,000

8700-0143.. For the purposes of an expendable trust entitled, Friends of Massachusetts National Guard and Reserve Families $585,586

8700-0302.. For the purposes of a federally funded grant entitled, Military Construction Costs in Reading $831,499

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 $987,679

8800-0064.. For the purposes of a federally funded grant entitled, Hazard Mitigation 1364. $470,105

8800-0080.. For the purposes of a federally funded grant entitled, Local Emergency Plan Assistance $22,656

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 $4,386,097

8800-1512.. For the purposes of a federally funded grant entitled, Hazard Mitigation Program, HMPG for FEMA-DR1512 $180,667

Department of Correction.

8903-9709.. For the purposes of a federally funded grant entitled, Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders $128,799

EXECUTIVE OFFICE OF ELDER AFFAIRS.

Office of the Secretary.

9110-1074For the purposes of a federally funded grant entitled, Older Americans Assistance, Title III and Title VII $9,475,299

9110-1077For the purposes of a federally funded grant entitled, National Family Caregiver Support Program $89,860

9110-1095For the purposes of a federally funded grant entitled, Health Information Counseling and Assistance $1,128,491

9110-1150For the purposes of a federally funded grant entitled, Empowering Older People $253,469

9110-1173For the purposes of a federally funded grant entitled, Older Americans Act, Title III Nutritional Program $14,289,338

9110-1178For the purposes of a federally funded grant entitled, Community Service Employment Program $2,772,882

9110-3000For the purposes of a federally funded grant entitled, Senior Medicare Patrol Integration $100,898

9110-3031For the purposes of a federally funded grant entitled, ADRC Strategic Planning $250,000

9110-3037For the purposes of a federally funded grant entitled, Massachusetts Community Living Program $500,000

9110-3200For the purposes of a federally funded grant entitled, Community Based Alzheimer Care Project $234,627

9110-3300 For the purposes of a federally funded grant entitled, MA Next Generation Performance Outcome Measurement Project $107,353

SECTION 2E. The sums set forth in this section are hereby appropriated for transfer from the General Fund to the trust funds named within each item unless specifically designated otherwise in this section, for the purposes and subject to the conditions specified in this section and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2011. Items in this section shall not be subject to allotment under section 9B of chapter 29 of the General Laws or reduction under section 9C of said chapter 29, without express authorization from the general court. Notwithstanding section 19A of said chapter 29, any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed for each item by the comptroller, after consulting with the appropriate agency secretary, the secretary of administration and finance and the state treasurer. The schedule for each appropriation shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2011. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.

Health and Human Services.

Office of the Secretary of Health and Human Services.

1595-1068For an operating transfer to the MassHealth provider payment account in the Medical Assistance Trust Fund, established under section 2QQQ of chapter 29 of the General Laws; provided, that these funds may be expended only for services provided during state or federal fiscal year 2011, and no amounts previously or subsequently transferred into the Medical Assistance Trust Fund may be expended on payments described in the section 1115 demonstration waiver for services provided during state fiscal year 2011, or payments described in the state plan for services provided during federal fiscal year 2011; provided further, that all payments from the Medical Assistance Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally-approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services and shall be subject to the terms and conditions of an agreement with the executive office of health and human services; provided further, that any increase in payment made from the trust fund totaling an amount greater than $251,000,000 in fiscal year 2011 shall be made only after the secretary of health and human services certifies that any increase in payments from the trust fund shall not exceed the negotiated limit for section 1115 waiver spending; provided further, that the secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the joint committee on health care financing of any increases in payments within 15 days; and provided further, that the secretary of health and human services shall make a payment of up to $247,605,130 from the Medical Assistance Trust Fund to the Cambridge Public Health Commission for dates of service in state and federal fiscal year 2011, only after the Cambridge Public Health Commission transfers up to $95,105,130 of its funds to the Medical Assistance Trust Fund using a federally permissible source of funds which shall fully satisfy the nonfederal share of such payment $392,500,000

1595-5819For an operating transfer to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29 of the General Laws; provided, that up to $30,000,000 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund, established under section 36 of chapter 118G of the General Laws; provided further, that the hospital fiscal year 2011 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund; provided further, that payments may be made either as safety net care payments under the commonwealth's section 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof; provided further, that the executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund; provided further, that the secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded by the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures; provided further, that the secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on healthcare financing within 30 days of the proposed transfer; and provided further, that notwithstanding any general or special law to the contrary, if the secretary of administration and finance determines that amounts transferred from the General Fund to the Commonwealth Care Trust Fund are not needed to support the costs of the Commonwealth Care and Commonwealth Care Bridge subsidized health insurance programs in fiscal year 2011, the secretary of administration and finance shall notify the comptroller and the house and senate committees on ways and means of this determination and the comptroller shall transfer such amounts from the Commonwealth Care Trust Fund back to the General Fund $788,341,780

Transportation.

Department of Transportation.

1595-6368For an operating transfer to the Massachusetts Transportation Trust Fund, established under section 4 of chapter 6C of the General Laws $200,126,756

Commonwealth Transportation Fund................. 100%

1595-6369For an operating transfer to the Massachusetts Bay Transportation Authority pursuant to clause (1) of subsection (d) of section 2ZZZ of chapter 29 of the General Laws $160,000,000

Commonwealth Transportation Fund................. 100%

1595-6370For an operating transfer to the regional transit authorities organized under chapter 161B of the General Laws or predecessor statutes pursuant to clause (2) of subsection (d) of section 2ZZZ of chapter 29 of the General Laws $15,000,000

Commonwealth Transportation Fund................. 100%

Administration and Finance.

Group Insurance Commission.

1599-6152For an operating transfer to the State Retiree Benefits Trust Fund, established pursuant to section 24 of chapter 32A of the General Laws $399,151,979

SECTION 3. Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2011, the distribution to cities and towns of the balance of the State Lottery Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws and additional funds from the General Fund shall be $898,980,293 and shall be apportioned to the cities and towns in accordance with this section.

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 of the General Laws and section 89 of chapter 71 of the General Laws, for fiscal year 2011, 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 said chapter 70.

Notwithstanding any general or special law to the contrary, the governor may allocate, at his full discretion, funds from the State Fiscal Stabilization Fund established by Title XIV of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 (ARRA); provided further, that the potential allocation shall be reflected in the following chart in the column entitled “Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund”; and provided further, that the funds set forth in said column are an estimated apportionment and shall not appear on the cherry sheet produced by the department of revenue.

For fiscal year 2011, when calculating the foundation budget for each district, the fiscal year 2011 chapter 70 aid shall be valued at the greater of: (a) 96 per cent of the total of fiscal year 2010 chapter 70 aid and state fiscal stabilization fund allocations as outlined in section 3 of chapter 27 of the acts of 2009, which figure shall then be subtracted by the proportional potential allocation of state fiscal stabilization funds as listed below to determine chapter 70 aid; or (b) foundation aid minus the proportional potential allocation of state fiscal stabilization funds as listed below. Non-operating districts shall receive the greater of: (a) 96 per cent of the total of fiscal year 2010 chapter 70 aid and State Fiscal Stabilization Fund allocations as outlined in said section 3 of said chapter 27; or (b) foundation aid; provided, however, that non-operating districts shall not receive state fiscal stabilization funds. The target local share shall be calculated using the same methodology used in fiscal year 2010. Preliminary local contribution shall be the municipality’s fiscal year 2010 minimum required local contribution, increased or decreased by the municipal revenue growth factor. The minimum required local contribution for fiscal year 2011 shall be, for any municipality with a fiscal year 2011 preliminary contribution less than its fiscal year 2011 target contribution, the fiscal year 2010 minimum required contribution increased by municipal revenue growth factors; provided, however, that if a municipality's preliminary contribution as a percentage of its foundation budget is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; and provided further, that if a municipality's preliminary contribution as a percentage of its foundation budget is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points. Minimum required local contribution for fiscal year 2011 shall be, for any municipality with a fiscal year 2011 preliminary contribution greater than its fiscal year 2011 target contribution, the preliminary local contribution reduced by 30 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality’s pupils at each of those districts.

If any provision of this section conflicts with the distribution listed below, the distribution below shall control.

The department of elementary and secondary education 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.

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 until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to a 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.

Municipality

7061-0008 Chapter 70

Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund

Unrestricted General Government Aid

Potential Total Section 3 Local Aid (Contingent Upon Allocation of Federal Funds)

ABINGTON

7,256,422

89,887

1,663,872

9,010,181

ACTON

5,197,103

64,378

1,183,155

6,444,636

ACUSHNET

6,050,136

74,945

1,282,445

7,407,526

ADAMS

1,980,179

AGAWAM

16,738,059

207,338

3,116,003

20,061,400

ALFORD

11,869

AMESBURY

8,437,189

104,514

1,645,476

10,187,179

AMHERST

5,823,580

72,138

7,120,842

13,016,560

ANDOVER

6,939,905

85,966

1,511,358

8,537,229

ARLINGTON

6,679,063

82,735

6,416,909

13,178,707

ASHBURNHAM

6,269

672,501

678,770

ASHBY

18,505

370,356

388,861

ASHFIELD

93,413

157,026

250,439

ASHLAND

4,534,014

56,164

1,143,808

5,733,986

ATHOL

2,239,276

ATTLEBORO

28,813,336

356,918

4,825,303

33,995,557

AUBURN

6,506,756

80,601

1,448,540

8,035,897

AVON

818,104

10,134

586,234

1,414,472

AYER

3,952,437

48,960

640,306

4,641,703

BARNSTABLE

7,197,015

89,151

1,779,132

9,065,298

BARRE

760,702

BECKET

76,563

76,812

153,375

BEDFORD

2,811,233

34,823

970,936

3,816,992

BELCHERTOWN

13,073,553

161,945

1,439,150

14,674,648

BELLINGHAM

8,042,029

99,619

1,435,208

9,576,856

BELMONT

5,580,851

69,131

1,909,790

7,559,772

BERKLEY

5,145,625

63,740

514,636

5,724,001

BERLIN

500,959

6,205

170,528

677,692

BERNARDSTON

11,308

246,005

257,313

BEVERLY

6,741,776

83,512

4,939,380

11,764,668

BILLERICA

17,405,290

215,604

4,925,266

22,546,160

BLACKSTONE

84,251

1,157,715

1,241,966

BLANDFORD

42,726

107,398

150,124

BOLTON

166,996

BOSTON

205,765,736

2,548,871

160,247,301

368,561,908

BOURNE

4,692,068

58,122

1,239,900

5,990,090

BOXBOROUGH

1,296,230

16,057

213,357

1,525,644

BOXFORD

1,536,936

19,038

411,171

1,967,145

BOYLSTON

431,280

5,342

289,720

726,342

BRAINTREE

11,547,867

143,046

4,840,026

16,530,939

BREWSTER

889,403

11,017

333,966

1,234,386

BRIDGEWATER

36,107

3,080,637

3,116,744

BRIMFIELD

1,106,756

13,710

329,768

1,450,234

BROCKTON

130,922,264

1,621,766

17,709,906

150,253,936

BROOKFIELD

1,305,317

16,169

417,618

1,739,104

BROOKLINE

6,944,706

86,026

5,370,029

12,400,761

BUCKLAND

6,202

258,986

265,188

BURLINGTON

5,133,751

63,593

2,215,064

7,412,408

CAMBRIDGE

8,657,904

107,248

18,170,690

26,935,842

CANTON

3,555,129

44,038

1,813,812

5,412,979

CARLISLE

791,580

9,805

185,546

986,931

CARVER

9,589,430

118,787

1,235,613

10,943,830

CHARLEMONT

96,287

147,847

244,134

CHARLTON

7,269

1,225,401

1,232,670

CHATHAM

649,672

8,048

127,294

785,014

CHELMSFORD

9,897,750

122,606

4,292,998

14,313,354

CHELSEA

51,719,988

640,668

6,946,677

59,307,333

CHESHIRE

298,092

519,594

817,686

CHESTER

125,551

152,278

277,829

CHESTERFIELD

121,562

116,778

238,340

CHICOPEE

51,548,695

638,546

9,739,822

61,927,063

CHILMARK

3,172

CLARKSBURG

1,752,827

21,713

307,692

2,082,232

CLINTON

10,482,164

129,845

1,991,079

12,603,088

COHASSET

1,662,325

20,592

435,162

2,118,079

COLRAIN

244,112

CONCORD

2,002,416

24,804

981,239

3,008,459

CONWAY

593,567

7,353

151,164

752,084

CUMMINGTON

66,390

70,560

136,950

DALTON

205,657

962,329

1,167,986

DANVERS

4,276,313

52,972

2,409,018

6,738,303

DARTMOUTH

8,998,939

111,472

2,132,179

11,242,590

DEDHAM

3,657,509

45,306

2,765,940

6,468,755

DEERFIELD

1,028,349

12,738

406,247

1,447,334

DENNIS

460,638

DEVENS

308,588

DIGHTON

654,018

DOUGLAS

8,254,660

102,253

617,250

8,974,163

DOVER

602,565

7,464

162,705

772,734

DRACUT

17,744,362

219,804

2,963,502

20,927,668

DUDLEY

1,511,226

DUNSTABLE

4,358

208,034

212,392

DUXBURY

4,395,394

54,447

749,739

5,199,580

EAST BRIDGEWATER

10,125,739

125,430

1,266,059

11,517,228

EAST BROOKFIELD

60,179

245,303

305,482

EAST LONGMEADOW

8,737,008

108,227

1,224,304

10,069,539

EASTHAM

316,456

3,920

126,013

446,389

EASTHAMPTON

7,581,616

93,915

2,377,410

10,052,941

EASTON

9,208,256

114,065

1,852,233

11,174,554

EDGARTOWN

423,411

5,245

56,341

484,997

EGREMONT

53,367

ERVING

409,344

5,071

56,849

471,264

ESSEX

207,087

EVERETT

38,361,258

475,190

5,843,460

44,679,908

FAIRHAVEN

7,230,309

89,564

1,907,302

9,227,175

FALL RIVER

89,892,322

1,113,518

20,156,220

111,162,060

FALMOUTH

4,854,985

60,140

1,172,624

6,087,749

FITCHBURG

39,559,760

490,037

7,218,116

47,267,913

FLORIDA

530,333

6,569

42,100

579,002

FOXBOROUGH

8,362,988

103,594

1,259,852

9,726,434

FRAMINGHAM

19,773,269

244,936

8,415,039

28,433,244

FRANKLIN

26,903,566

333,261

2,089,973

29,326,800

FREETOWN

1,484,854

18,393

803,160

2,306,407

GARDNER

17,903,817

221,779

3,584,191

21,709,787

AQUINNAH

1,976

GEORGETOWN

5,103,733

63,221

605,914

5,772,868

GILL

205,734

GLOUCESTER

5,765,427

71,418

3,378,096

9,214,941

GOSHEN

96,111

67,666

163,777

GOSNOLD

16,414

1,774

18,188

GRAFTON

8,574,281

106,212

1,322,498

10,002,991

GRANBY

4,463,189

55,287

746,820

5,265,296

GRANVILLE

1,249,600

15,479

135,608

1,400,687

GREAT BARRINGTON

641,908

GREENFIELD

9,333,224

115,613

2,685,303

12,134,140

GROTON

3,201

655,194

658,395

GROVELAND

615,686

HADLEY

734,461

9,098

383,877

1,127,436

HALIFAX

2,649,565

32,821

767,798

3,450,184

HAMILTON

568,272

HAMPDEN

581,924

HANCOCK

190,786

2,363

47,754

240,903

HANOVER

5,977,721

74,048

1,791,747

7,843,516

HANSON

31,588

1,083,133

1,114,721

HARDWICK

393,766

HARVARD

1,721,566

21,325

1,252,599

2,995,490

HARWICH

1,738,945

21,541

364,333

2,124,819

HATFIELD

754,600

9,347

263,917

1,027,864

HAVERHILL

34,867,449

431,912

8,312,994

43,612,355

HAWLEY

28,250

36,605

64,855

HEATH

70,768

HINGHAM

5,423,132

67,178

1,334,874

6,825,184

HINSDALE

104,683

188,327

293,010

HOLBROOK

4,605,650

57,051

1,248,008

5,910,709

HOLDEN

1,617,133

HOLLAND

891,666

11,045

170,719

1,073,430

HOLLISTON

6,557,889

81,234

1,309,824

7,948,947

HOLYOKE

64,823,280

802,982

8,590,161

74,216,423

HOPEDALE

5,825,240

72,159

551,538

6,448,937

HOPKINTON

5,481,393

67,899

664,434

6,213,726

HUBBARDSTON

381,006

HUDSON

8,881,666

110,019

1,686,649

10,678,334

HULL

3,616,646

44,800

1,792,503

5,453,949

HUNTINGTON

205,922

291,504

497,426

IPSWICH

2,563,878

31,759

1,357,726

3,953,363

KINGSTON

3,828,063

47,419

811,851

4,687,333

LAKEVILLE

2,265,421

28,062

692,065

2,985,548

LANCASTER

808,506

LANESBOROUGH

800,955

9,922

291,766

1,102,643

LAWRENCE

136,492,594

1,690,767

16,607,385

154,790,746

LEE

1,921,450

23,801

526,757

2,472,008

LEICESTER

9,210,588

114,094

1,468,595

10,793,277

LENOX

1,133,149

14,037

450,838

1,598,024

LEOMINSTER

39,699,515

491,768

4,840,828

45,032,111

LEVERETT

267,462

3,313

150,975

421,750

LEXINGTON

7,063,576

87,498

1,296,276

8,447,350

LEYDEN

69,641

LINCOLN

719,739

8,916

575,819

1,304,474

LITTLETON

3,509,618

43,474

601,236

4,154,328

LONGMEADOW

4,116,293

50,990

1,181,711

5,348,994

LOWELL

115,306,614

1,428,332

21,304,471

138,039,417

LUDLOW

12,828,911

158,915

2,583,866

15,571,692

LUNENBURG

4,530,279

56,118

894,449

5,480,846

LYNN

113,942,496

1,411,434

18,937,447

134,291,377

LYNNFIELD

3,806,184

47,148

879,672

4,733,004

MALDEN

39,746,143

492,345

10,611,641

50,850,129

MANCHESTER

188,099

MANSFIELD

17,904,180

221,784

1,886,682

20,012,646

MARBLEHEAD

4,556,741

56,445

963,171

5,576,357

MARION

432,408

5,356

190,849

628,613

MARLBOROUGH

13,153,909

162,941

4,604,312

17,921,162

MARSHFIELD

13,590,254

168,346

1,832,321

15,590,921

MASHPEE

4,207,694

52,122

311,192

4,571,008

MATTAPOISETT

527,857

6,539

342,810

877,206

MAYNARD

3,540,324

43,855

1,328,816

4,912,995

MEDFIELD

5,629,825

69,738

1,226,088

6,925,651

MEDFORD

10,855,325

134,468

10,259,690

21,249,483

MEDWAY

9,915,431

122,825

1,031,914

11,070,170

MELROSE

7,309,377

90,543

4,337,759

11,737,679

MENDON

26,131

345,651

371,782

MERRIMAC

711,660

METHUEN

38,890,215

481,743

4,598,863

43,970,821

MIDDLEBOROUGH

16,538,643

204,868

2,085,358

18,828,869

MIDDLEFIELD

18,050

44,965

63,015

MIDDLETON

1,485,893

18,406

462,794

1,967,093

MILFORD

15,096,909

187,009

2,583,471

17,867,389

MILLBURY

6,578,180

81,486

1,497,772

8,157,438

MILLIS

3,994,422

49,480

885,551

4,929,453

MILLVILLE

41,056

344,528

385,584

MILTON

5,513,699

68,300

2,717,762

8,299,761

MONROE

84,262

15,552

99,814

MONSON

7,272,266

90,083

1,104,115

8,466,464

MONTAGUE

1,212,188

MONTEREY

39,107

MONTGOMERY

21,042

73,404

94,446

MOUNT WASHINGTON

32,776

25,355

58,131

NAHANT

441,495

5,469

319,586

766,550

NANTUCKET

1,336,455

16,555

67,017

1,420,027

NATICK

7,074,090

87,628

3,223,110

10,384,828

NEEDHAM

6,637,672

82,222

1,476,550

8,196,444

NEW ASHFORD

179,597

17,180

196,777

NEW BEDFORD

106,875,814

1,323,897

19,457,251

127,656,962

NEW BRAINTREE

111,657

NEW MARLBOROUGH

49,535

NEW SALEM

87,758

NEWBURY

438,043

NEWBURYPORT

3,148,536

39,002

2,157,204

5,344,742

NEWTON

13,438,078

166,461

4,970,628

18,575,167

NORFOLK

3,240,407

40,140

811,132

4,091,679

NORTH ADAMS

13,441,906

166,508

3,752,495

17,360,909

NORTH ANDOVER

6,135,214

75,998

1,733,403

7,944,615

NORTH ATTLEBOROUGH

19,562,177

242,322

2,433,430

22,237,929

NORTH BROOKFIELD

4,136,825

51,244

673,975

4,862,044

NORTH READING

6,470,306

80,149

1,501,819

8,052,274

NORTHAMPTON

6,854,766

84,912

3,717,624

10,657,302

NORTHBOROUGH

3,316,838

41,086

943,470

4,301,394

NORTHBRIDGE

13,541,692

167,744

1,785,406

15,494,842

NORTHFIELD

305,594

NORTON

12,168,680

150,736

1,757,961

14,077,377

NORWELL

3,013,544

37,330

906,717

3,957,591

NORWOOD

4,817,023

59,670

3,934,274

8,810,967

OAK BLUFFS

614,690

7,614

61,514

683,818

OAKHAM

124,459

162,277

286,736

ORANGE

5,126,651

63,505

1,366,932

6,557,088

ORLEANS

238,048

2,949

145,288

386,285

OTIS

30,765

OXFORD

9,456,881

117,145

1,739,231

11,313,257

PALMER

10,537,230

130,527

1,696,284

12,364,041

PAXTON

457,701

PEABODY

18,695,515

231,586

6,105,613

25,032,714

PELHAM

216,681

2,684

134,637

354,002

PEMBROKE

12,816,871

158,766

1,421,815

14,397,452

PEPPERELL

1,262,405

PERU

84,251

96,598

180,849

PETERSHAM

419,459

5,196

96,968

521,623

PHILLIPSTON

156,021

PITTSFIELD

35,764,061

443,018

7,302,808

43,509,887

PLAINFIELD

51,024

42,434

93,458

PLAINVILLE

2,523,482

31,259

641,687

3,196,428

PLYMOUTH

21,676,311

268,510

3,314,295

25,259,116

PLYMPTON

567,840

7,034

200,664

775,538

PRINCETON

250,431

PROVINCETOWN

258,482

3,202

116,995

378,679

QUINCY

19,083,737

236,395

16,150,797

35,470,929

RANDOLPH

11,323,929

140,272

4,396,472

15,860,673

RAYNHAM

961,807

READING

9,504,407

117,733

2,742,082

12,364,222

REHOBOTH

881,695

REVERE

38,244,819

473,748

8,700,801

47,419,368

RICHMOND

331,084

4,101

91,509

426,694

ROCHESTER

1,708,724

21,166

359,241

2,089,131

ROCKLAND

9,995,901

123,822

2,236,010

12,355,733

ROCKPORT

1,273,973

15,781

370,109

1,659,863

ROWE

67,767

839

3,332

71,938

ROWLEY

456,773

ROYALSTON

152,063

RUSSELL

168,465

208,900

377,365

RUTLAND

782,441

SALEM

17,089,370

211,690

5,834,758

23,135,818

SALISBURY

534,432

SANDISFIELD

29,310

SANDWICH

6,387,297

79,121

953,340

7,419,758

SAUGUS

3,895,042

48,249

3,103,116

7,046,407

SAVOY

499,892

6,192

98,003

604,087

SCITUATE

4,840,400

59,959

1,701,540

6,601,899

SEEKONK

4,279,424

53,010

1,040,834

5,373,268

SHARON

6,478,285

80,248

1,184,040

7,742,573

SHEFFIELD

13,886

206,062

219,948

SHELBURNE

4,416

221,196

225,612

SHERBORN

500,703

6,202

183,212

690,117

SHIRLEY

4,167,465

51,623

1,109,735

5,328,823

SHREWSBURY

18,543,280

229,700

2,356,176

21,129,156

SHUTESBURY

572,863

7,096

143,436

723,395

SOMERSET

5,233,521

64,829

1,297,302

6,595,652

SOMERVILLE

19,140,805

237,102

21,311,532

40,689,439

SOUTH HADLEY

7,559,525

93,642

2,209,062

9,862,229

SOUTHAMPTON

2,429,243

30,092

538,950

2,998,285

SOUTHBOROUGH

2,659,176

32,940

369,948

3,062,064

SOUTHBRIDGE

15,825,145

196,030

2,975,671

18,996,846

SOUTHWICK

1,066,935

SPENCER

8,095

1,913,110

1,921,205

SPRINGFIELD

264,566,758

3,277,254

32,020,398

299,864,410

STERLING

586,397

STOCKBRIDGE

84,313

STONEHAM

3,333,579

41,294

3,143,525

6,518,398

STOUGHTON

12,254,415

151,798

2,708,574

15,114,787

STOW

356,070

STURBRIDGE

2,240,878

27,758

655,305

2,923,941

SUDBURY

4,214,139

52,202

1,184,015

5,450,356

SUNDERLAND

828,317

10,261

427,516

1,266,094

SUTTON

5,111,201

63,314

660,269

5,834,784

SWAMPSCOTT

2,568,848

31,821

1,094,842

3,695,511

SWANSEA

4,724,056

58,518

1,588,632

6,371,206

TAUNTON

44,155,019

546,959

7,114,121

51,816,099

TEMPLETON

1,179,482

TEWKSBURY

12,338,563

152,841

2,354,150

14,845,554

TISBURY

381,245

4,723

82,939

468,907

TOLLAND

15,633

TOPSFIELD

1,027,694

12,730

518,803

1,559,227

TOWNSEND

1,111,624

TRURO

245,885

3,046

25,446

274,377

TYNGSBOROUGH

6,972,152

86,366

817,416

7,875,934

TYRINGHAM

35,721

10,739

46,460

UPTON

25,708

450,325

476,033

UXBRIDGE

8,964,292

111,043

1,163,833

10,239,168

WAKEFIELD

4,803,085

59,497

2,849,501

7,712,083

WALES

695,571

8,616

199,783

903,970

WALPOLE

7,119,009

88,185

2,155,690

9,362,884

WALTHAM

7,080,252

87,705

8,122,362

15,290,319

WARE

8,117,400

100,552

1,460,280

9,678,232

WAREHAM

12,246,060

151,695

1,673,496

14,071,251

WARREN

765,257

WARWICK

107,572

WASHINGTON

11,237

79,890

91,127

WATERTOWN

3,239,775

40,132

5,641,884

8,921,791

WAYLAND

3,150,246

39,023

764,572

3,953,841

WEBSTER

9,570,708

118,555

2,094,234

11,783,497

WELLESLEY

7,214,344

89,366

1,095,717

8,399,427

WELLFLEET

146,573

1,816

49,439

197,828

WENDELL

147,409

WENHAM

362,308

WEST BOYLSTON

2,809,346

34,800

673,921

3,518,067

WEST BRIDGEWATER

2,237,422

27,716

553,110

2,818,248

WEST BROOKFIELD

201,348

411,975

613,323

WEST NEWBURY

250,622

WEST SPRINGFIELD

18,271,918

226,339

3,031,424

21,529,681

WEST STOCKBRIDGE

82,240

WEST TISBURY

157,108

WESTBOROUGH

4,213,241

52,190

980,165

5,245,596

WESTFIELD

32,602,336

403,853

5,324,736

38,330,925

WESTFORD

15,888,525

196,815

1,797,543

17,882,883

WESTHAMPTON

443,177

5,490

122,567

571,234

WESTMINSTER

553,703

WESTON

2,423,997

30,027

316,391

2,770,415

WESTPORT

4,161,702

51,552

1,029,055

5,242,309

WESTWOOD

3,783,544

46,868

617,080

4,447,492

WEYMOUTH

22,606,309

280,030

7,375,304

30,261,643

WHATELY

237,123

2,937

113,512

353,572

WHITMAN

112,364

2,048,158

2,160,522

WILBRAHAM

1,237,908

WILLIAMSBURG

408,322

5,058

256,078

669,458

WILLIAMSTOWN

896,897

11,110

807,552

1,715,559

WILMINGTON

10,203,526

126,394

2,103,236

12,433,156

WINCHENDON

11,134,284

137,923

1,422,984

12,695,191

WINCHESTER

5,725,167

70,919

1,251,470

7,047,556

WINDSOR

47,361

87,837

135,198

WINTHROP

4,817,945

59,681

3,565,783

8,443,409

WOBURN

6,233,808

77,220

5,063,784

11,374,812

WORCESTER

189,169,514

2,343,290

35,150,026

226,662,830

WORTHINGTON

60,179

106,245

166,424

WRENTHAM

3,544,976

43,912

788,586

4,377,474

YARMOUTH

4,574

1,067,932

1,072,506

Total Municipal

3,268,149,255

40,439,873

898,980,293

4,207,569,421

Regional School District

7061-0008 Chapter 70

Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund

Unrestricted General Government Aid

Potential Total Section 3 Local Aid (Contingent Upon Allocation of Federal Funds)

NORTHAMPTON SMITH

887,155

10,989

898,144

ACTON BOXBOROUGH

6,981,051

86,476

7,067,527

ADAMS CHESHIRE

9,728,016

120,503

9,848,519

AMHERST PELHAM

9,184,747

113,774

9,298,521

ASHBURNHAM WESTMINSTER

9,952,696

123,286

10,075,982

ASSABET VALLEY

2,782,595

34,469

2,817,064

ATHOL ROYALSTON

17,000,333

210,587

17,210,920

BERKSHIRE HILLS

2,662,023

32,975

2,694,998

BERLIN BOYLSTON

873,363

10,819

884,182

BLACKSTONE MILLVILLE

10,529,424

130,431

10,659,855

BLACKSTONE VALLEY

7,381,831

91,441

7,473,272

BLUE HILLS

3,826,291

47,397

3,873,688

BRIDGEWATER RAYNHAM

20,084,659

248,794

20,333,453

BRISTOL COUNTY

2,954,286

36,595

2,990,881

BRISTOL PLYMOUTH

9,489,626

117,550

9,607,176

CAPE COD

2,024,222

25,075

2,049,297

CENTRAL BERKSHIRE

8,350,150

103,435

8,453,585

CHESTERFIELD GOSHEN

718,156

8,896

727,052

CONCORD CARLISLE

1,789,248

22,164

1,811,412

DENNIS YARMOUTH

6,414,595

79,459

6,494,054

DIGHTON REHOBOTH

12,213,597

151,293

12,364,890

DOVER SHERBORN

1,361,880

16,870

1,378,750

DUDLEY CHARLTON

23,527,223

291,438

23,818,661

ESSEX COUNTY

4,009,741

49,670

4,059,411

FARMINGTON RIVER

384,962

4,769

389,731

FRANKLIN COUNTY

3,274,440

40,561

3,315,001

FREETOWN LAKEVILLE

7,030,138

87,084

7,117,222

FRONTIER

2,709,416

33,562

2,742,978

GATEWAY

5,563,029

68,911

5,631,940

GILL MONTAGUE

5,978,135

74,053

6,052,188

GREATER FALL RIVER

13,526,250

167,553

13,693,803

GREATER LAWRENCE

19,902,491

246,537

20,149,028

GREATER LOWELL

20,932,448

259,295

21,191,743

GREATER NEW BEDFORD

21,894,893

271,217

22,166,110

GROTON DUNSTABLE

10,296,551

127,546

10,424,097

HAMILTON WENHAM

3,258,253

40,361

3,298,614

HAMPDEN WILBRAHAM

11,124,791

137,806

11,262,597

HAMPSHIRE

3,088,220

38,255

3,126,475

HAWLEMONT

604,770

7,491

612,261

KING PHILIP

7,037,470

87,175

7,124,645

LINCOLN SUDBURY

2,518,154

31,193

2,549,347

MANCHESTER ESSEX

1,596,900

19,781

1,616,681

MARTHAS VINEYARD

2,696,363

33,401

2,729,764

MASCONOMET

4,695,015

58,158

4,753,173

MENDON UPTON

11,877,293

147,127

12,024,420

MINUTEMAN

2,132,813

26,420

2,159,233

MOHAWK TRAIL

5,819,329

72,085

5,891,414

MONTACHUSETT

12,264,153

151,919

12,416,072

MOUNT GREYLOCK

1,651,243

20,454

1,671,697

NARRAGANSETT

9,623,824

119,213

9,743,037

NASHOBA

6,138,645

76,041

6,214,686

NASHOBA VALLEY

3,102,731

38,434

3,141,165

NAUSET

3,209,599

39,758

3,249,357

NEW SALEM WENDELL

622,409

7,710

630,119

NORFOLK COUNTY

975,795

12,087

987,882

NORTH MIDDLESEX

19,538,524

242,029

19,780,553

NORTH SHORE

1,533,107

18,991

1,552,098

NORTHBORO SOUTHBORO

2,725,863

33,766

2,759,629

NORTHEAST METROPOLITAN

7,842,581

97,148

7,939,729

NORTHERN BERKSHIRE

4,202,933

52,063

4,254,996

OLD COLONY

3,165,202

39,208

3,204,410

OLD ROCHESTER

1,963,269

24,319

1,987,588

PATHFINDER

4,807,311

59,549

4,866,860

PENTUCKET

12,542,539

155,368

12,697,907

PIONEER

3,978,683

49,285

4,027,968

QUABBIN

16,100,579

199,442

16,300,021

QUABOAG

7,903,958

97,908

8,001,866

RALPH C MAHAR

5,263,826

65,204

5,329,030

SHAWSHEEN VALLEY

5,504,367

68,184

5,572,551

SILVER LAKE

6,677,003

82,710

6,759,713

SOUTH MIDDLESEX

2,417,033

29,940

2,446,973

SOUTH SHORE

3,549,117

43,964

3,593,081

SOUTHEASTERN

12,092,713

149,795

12,242,508

SOUTHERN BERKSHIRE

1,801,972

22,321

1,824,293

SOUTHERN WORCESTER

9,416,445

116,644

9,533,089

SOUTHWICK TOLLAND

8,197,963

101,550

8,299,513

SPENCER EAST BROOKFIELD

13,259,586

164,250

13,423,836

TANTASQUA

7,495,716

92,851

7,588,567

TRI COUNTY

5,112,983

63,336

5,176,319

TRITON

8,125,523

100,653

8,226,176

UPISLAND

782,948

9,699

792,647

UPPER CAPE COD

2,853,046

35,341

2,888,387

WACHUSETT

21,393,811

265,010

21,658,821

WHITMAN HANSON

23,504,751

291,159

23,795,910

WHITTIER

6,304,383

78,094

6,382,477

Total Regional

610,315,166

7,560,124

617,875,290

SECTION 4. Section 18A of chapter 3 of the General Laws is hereby repealed.

SECTION 5. Clause Eighteenth of section 7 of chapter 4 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the following words:- “Legal holiday” shall also include, with respect to Suffolk county only, March seventeenth and June seventeenth, or the day following when said days occur on Sunday; provided, however, that the words "legal holiday'' as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on Sunday.SECTION 6. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as so appearing, is hereby amended by adding the following subclause:

(t) statements filed under section 20C of chapter 32.SECTION 7. Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 216. Subject to distribution from the Secondary Metals Registry Trust Fund, established by section 35LL of chapter 10, the executive office of public safety and security, in cooperation with the criminal history systems board, shall establish a secondary metals registry. The registry shall consist of a central computerized registry of all information relative to metal received or kept pursuant to, or in violation of, chapter 140B½ or which was the subject of a transaction conducted in violation of said chapter 140B½. The registry shall be maintained and updated by the criminal history systems board any may use distributions from the fund for such purpose and no other. With the agreement of the criminal history systems board, information relative to metal which was stolen, or otherwise the subject of a violation of chapter 266, but not the subject of a violation of chapter 140B½, may be submitted for entry into the registry by a law enforcement agent.

The secretary of public safety and security, in cooperation with the criminal history systems board, shall develop standardized forms for use in connection with information collection requirements imposed under chapter 140B. The department of public safety and security shall make blank copies of the forms available, including electronically, to municipalities and to secondary metal dealers for use by the dealers and may provide for the forms to be transmitted to the registry electronically. The forms shall prominently include a statement that providing false information or any other violation of sections 4 or 5 of chapter 140B ½ of the General Laws is punishable by a fine of not more than $2,500 or by imprisonment in the house of correction for not more than 2½ years, or by both such fine and imprisonment for a first offense, and by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in the house of correction for not more than 2½ years or in the state prison for not less than 5 years, or by both such fine and imprisonment for a second or subsequent offense. Upon a third or subsequent violation of said chapter 140B½, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke the license.

The secretary shall adopt regulations, consistent with the purposes of said chapter 140B½, to collect the information required to be obtained and kept by secondary metal dealers and to maintain that information in the registry for use by law enforcement agencies. Records maintained in the secondary metals registry shall be open to any law enforcement agency in the commonwealth, the United States or any other state. Information in the registry database shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.SECTION 8. The third sentence of the second paragraph of subsection (b) of section 98 of said chapter 6, as appearing in section 1 of chapter 10 of the acts of 2009, is hereby amended by inserting after the word “proposal”, the following words:-; provided, however, that the board shall notify the chairs of the senate and house committee on ways and means, the chairs of the senate and house committees on bonding, capital expenditures and state assets and the clerks of the senate and house prior to its decision to allow a state entity to enter into a transaction relating to a derivative financial product and shall include the terms of the of the proposed transaction and any supporting documents.SECTION 9. Chapter 6A of the General Laws is hereby amended by inserting after section 7 the following section:-

Section 7A. Notwithstanding any general or special law to the contrary, each secretary may identify administrative processing activities and functions common to the state agencies within the executive office and may designate such functions as core administrative processing functions. To improve administrative efficiency and preserve fiscal resources, the secretary may direct that core administrative processing functions be performed by the executive office or by state agencies designated by the secretary to perform those functions. Common activities and functions that may be designated as core administrative processing functions shall be limited to human resource functions, including payroll processing, information technology services and leasing and facility management services. Upon designation of a function as a core administrative processing function, the secretary may direct that employees of each state agency who perform those functions be transferred to the executive office or to a state agency designated by the secretary to perform core administrative processing functions. Nothing in this section shall waive the responsibility of each agency head to certify obligations and expenditures for appropriations and other available funds of the agency pursuant to section 3 of chapter 7A, the responsibilities of an agency head pursuant to state finance laws including, but not limited to, sections 19, 20, 24, 26 and 27 of chapter 29, and the responsibility of an agency head to certify work by employees of the agency pursuant to section 31 of chapter 29. An agency head shall not delegate agency head signature authorization to an individual who is not an employee of the agency. The executive office or any state agency designated to perform core administrative processing functions may charge the state agencies that receive such services for the reasonable costs of providing the services. An employee transfer that occurs in connection with the consolidation of core administrative processing functions within the executive office or state agencies shall not: (a) impair the civil service status of the transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 or has tenure in a position by reason of section 9A of chapter 30; or (b) impair or change an employee's status, rights or benefits under chapter 150E; provided, that no employee or funding subject to this section shall be transferred without notification to the house and senate committees on ways and means within 30 days; and provided further, the notification shall include the title or position of the transferred employee and the amount of funding transferred.

SECTION 10. Subsection (a) of section 5 of chapter 6C of the General Laws, as appearing in section 8 of chapter 25 of the acts of 2009, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, the department, including the Massachusetts Bay Transportation Authority, shall enter into agreements under sections 22, 22A and 22B of chapter 7; provided however, the department shall adhere to good business practices to be determined by the department in its procurement of equipment, materials, property, supplies and services.

SECTION 11. The third sentence of section 15 of said chapter 6C, as so appearing is hereby amended by inserting after the figure “29” the following words:- and the state purchasing agent under sections 22 and 22A of chapter 7.

SECTION 12. Section 4H of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

In accordance with section 2A of chapter 71B, the division shall provide, through the bureau of special education appeals, adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between or among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation or educational program or placement of a child with a disability or the provision of a free and appropriate public education to the child arising under said chapter 71B and its regulations or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student’s rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division. The costs incurred by the division in carrying out its duties pursuant to this paragraph shall be borne by the department of elementary and secondary education. These costs and the costs of carrying out the division’s other duties shall be kept separate to the extent practical, except that the costs of administrative support for the bureau of special education appeals shall be allocated to the bureau of special education appeals under a reasonable formula determined by the commissioner of elementary and secondary education and the chief administrative magistrate. The commissioner of elementary and secondary education and the chief administrative magistrate shall periodically enter into memoranda of understanding to set forth the obligations of their respective organizations in carrying out this paragraph, as described in said section 2A of said chapter 71B. The director of special education appeals shall participate in the negotiations with regard to the memoranda of understanding and the commissioner of elementary and secondary education and the chief administrative magistrate shall make all reasonable efforts to incorporate the director’s views in entering into the memoranda. The director of the special education appeals shall issue an annual report regarding his views about the memoranda to the chief administrative magistrate and the bureau of special education appeals advisory council. SECTION 13. Said chapter 7 is hereby further amended by inserting after section 11 the following section:-

Section 14C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Agency”, a commonwealth authority, board, bureau, commission, department, division, executive office, institution, institution of higher education, the secretary of state, the attorney general, the state treasurer, the state auditor, the administrative office of the trial courts, trial court departments, the supreme judicial court, the appeals court, the governor’s office, lieutenant governor’s office, the governor’s council, the house of representatives and the senate.

“Funding source”, the agency and account from where the expenditure is appropriated.

“Recipient”, a business corporation, partnership, firm, unincorporated association or other legal business entity engaged in economic activity within the commonwealth, and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I. For the purposes of this section, recipient shall include an original grantee or an original contractor of a state award or a political subdivision. A recipient shall not include an individual recipient of state or federal assistance.

“Searchable website”, a website that allows the public at no cost to search for, obtain and aggregate the information identified in subsection (b).

“Secretary”, the secretary of administration and finance.

“State award” or “award”, appropriations, expenditures, grants, subgrants, loans, purchase orders, infrastructure assistance and other forms of financial assistance.

(b) The secretary shall develop and operate a searchable website accessible by the public at no cost that includes:

(1) the name and location of a recipient or agency receiving a state award, the funding source of each award, the date of the award, the amount of funds appropriated and a brief description of the purpose of the award;

(2) local aid to cities and towns including amounts paid to individual municipal agencies;

(3) annual revenues, as determined by the secretary which shall include, but shall not be limited to: (i) receipts or deposits by an agency into funds established within the state treasury; (ii) agency earnings including, but not limited to, amounts collected by each agency for services performed and licenses and permits issued; (iii) compensation for the purchase or lease of state-owned property and interest collected from state-issued loans; and (iv) federal grants;

(4) a link to all state audits and reports relating to the receipt of state awards by an agency or recipient, including an audit or report issued by the inspector general, state auditor, special commission, legislative committee or executive body;

(5) the reports required by section 88 of chapter 62C; and

(6) any other relevant information specified by the secretary.

(c) The searchable website shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.

(d) The searchable website shall include and retain information for each fiscal year for not less than 10 fiscal years.

(e) The secretary shall update the searchable website as new data becomes available. All agencies shall provide to the secretary all data that is required to be included in the searchable website not later than 30 days after the data becomes available to the agency. The secretary shall provide guidance to agency heads to ensure compliance with this section.

(f) This section shall not be construed to require the disclosure of: (i) information that is confidential under state or federal law; (ii) payments received by an individual or entity as interest paid by the issuer of any bonds or other public debt.

(g) The secretary shall not be considered in compliance with this section if the data required for the searchable website is not available in a searchable and aggregate manner or if the public is redirected by the searchable website to other government websites, unless each of those websites complies with the requirements of this section.

SECTION 14. The second paragraph of section 50 of said chapter 7, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (f).SECTION 15. Chapter 10 of the General Laws is hereby amended by inserting after section 35KK the following section:-

Section 35LL. There shall be a Secondary Metals Registry Trust Fund. The fund shall consist of monies paid to the commonwealth pursuant to chapter 140B and any interest or investment earnings thereon. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him pursuant to this section and shall credit interest and earnings to the fund. The state treasurer shall distribute 50 per cent of any fine collected and transferred to the fund, pursuant to said chapter 140B, to the municipality wherein the violation of said chapter 140B occurred and 50 per cent to the criminal history systems board for the establishment and maintenance of the secondary metals registry established under section 216 of chapter 6, without further appropriation.SECTION 16. Section 9 of chapter 15A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) review and approve student charges of the state and community colleges, pursuant to section 42.SECTION 17. Said chapter 15A is hereby further amended by inserting after section 19 the following section:-

Section 19½. Each surviving child of a parent who died as result of injuries sustained during active and full-time military service as a member of the armed forces of the United States or national guard, occurring after 1989, while outside the United States in an armed conflict or hostility, or while deployed in direct support of military activity in a zone of armed conflict or hostility, shall be entitled, upon admittance to a degree program of undergraduate studies at a public institution of higher education as provided in the first paragraph of section 5 to a full waiver for charges due for tuition, mandatory fees and room and board during the period of attendance, subject to any restrictions set forth in this section.

A waiver for room and board under this section shall only be allowed for any period that the child is enrolled as a full-time student at a qualifying public institution. No child shall receive a waiver under this section if he has been awarded a degree previously from a public or private college, university or other institution of higher learning or if, during his attendance at a qualifying public institution after receiving a waiver, he fails to maintain satisfactory academic progress or if the deceased parent was not a resident of the commonwealth at the time of entry or continuance into active and full-time military service.

A child who has received a waiver from a qualifying public institution under this section shall not be entitled to a waiver of charges due for more than 1 undergraduate degree program at the institution where the child is enrolled or at another qualifying public institution unless the waiver for such additional degree program has received the prior approval of the board of higher education. Notwithstanding the foregoing, approval by the board shall be not be required for a child who transfers to a different degree program for undergraduate studies at the institution where the child is currently enrolled or transfers to another degree program for undergraduate studies at another qualifying public institution, provided that the child is no longer enrolled in the previously undertaken degree program.

Consistent with the provisions of this section, the board of higher education may establish general guidelines and regulations for the application and administration of waiver benefits at qualifying public institutions of higher learning.

For the purposes of this section, “child” shall be without qualification or limitation as to the person’s age.

SECTION 18. Section 22 of said chapter 15A, as appearing in the 2008 Official Edition, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-

(b) establish all student charges, under the process set forth in section 42, as applicable. The student charges shall include fines and penalties collected pursuant to the enforcement of traffic and parking rules and regulations. The rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process; provided that the foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution;

SECTION 19. Said chapter 15A is hereby further amended by adding the following section:-

Section 42. (a) This section shall apply only to those campuses for which the local board of trustees has approved by majority vote to accept this section.

(b) The board of trustees of each state college and community college shall, for each academic year beginning on or after July 1, 2011, fix and establish student charges for each such college, subject to the requirements of this section. In-state student charges shall preserve affordability for residents of the commonwealth. Out-of-state student charges shall appropriately balance the financial needs of the college with the need to be competitive with peer institutions regionally. In setting student charges each state college and community college shall also consider factors including, but not limited to, the following: actual appropriations received; the Consumer Price Index; the Higher Education Price Index; tuition and fee rates at peer institutions; collective bargaining costs; funding from the commonwealth measured with reference to the funding formula established under section 15B; and making progress towards ensuring that fees constitute no more than 25 per cent of student charges. To the extent practicable, final student charges shall be established for each academic year not later than March 1 of the calendar year in which the rates shall take effect.

For the purposes of this section, “student charges” shall include tuition and fees that are charged to students generally for attendance at a state college or community college, but shall not include any fee or other charge established by such college that is specific to a particular course, program or activity, and shall not include any rates, rents, charges or fees set by the Massachusetts State College Building Authority.

(c) Beginning with the 2011-2012 academic year, each state college and community college shall submit a 5-year student charges plan to the board of higher education for the board’s approval. The plan shall contain the annual student charges the college expects to approve for the college’s state-supported programs, under subsection (b), for a period of no fewer than 5 academic years. The plan also shall include but not be limited to budget and enrollment projections for each year, projections for in-state and out-of-state enrollments for each year, consideration of segmental missions, and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for underrepresented student groups. The board of higher education, in considering whether to approve a plan, shall consider but not be limited to considering the same factors the campuses must consider in setting student charges under this section. For the first 5 years the board may also consider, to the extent practicable, any steps taken in the plan to ensure that fees constitute no more than 25 percent of student charges. For the second 5 years and each plan submitted thereafter, the board shall consider the progress made toward ensuring that fees constitute no more than 25 per cent of student charges. Within 120 days of the submission of a plan, the board of higher education shall either approve the plan or return it to the college with suggested changes. The approval shall require a 2/3 vote of the board of higher education. If the board of higher education does not vote on a plan within 120 days of its submission, the plan shall be considered approved. A copy of the plan shall be provided to the joint committee on higher education and to the house and senate committees on ways and means at the time the plan is submitted to the board of higher education.

(d) If, following the approval of a state college’s or community college’s plan under subsection (c), the board of trustees of such college approves, for any academic year, student charges that are greater than 105 per cent of the student charges approved in such college’s plan, the college shall submit such greater rate to the board of higher education for its approval, as part of an amended student charges plan. The amended plan shall describe in detail the reasons why the college’s student charges are greater than the expected student charges, and provide revised or updated information on budget and enrollment projections for each year, projections for in-state and out-of-state enrollments for each year, consideration of segmental missions and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for underrepresented student groups, as necessary. Within 60 days of the submission of a revised plan, the board of higher education shall either approve the plan or return it to the college with suggested changes. The approval shall require a 2/3 vote of the board of higher education. If the board of higher education does not vote on a plan within 60 days of its submission, the plan shall be considered approved. A copy of the revised plan shall be provided to the joint committee on higher education and to the house and senate committees on ways and means at the time the plan is submitted to the board of higher education.

(e) A state college, community college or the board of higher education may, at its discretion, request that a plan approved under subsections(c) or (d) be re-examined and modified, in accordance with procedures established by the board of higher education. Any resulting modification shall be concurred with by the board of trustees of the affected college and by a 2/3 vote of the board of higher education.

(f) In implementing the requirements of subsection (c), the board of higher education shall review the plans of each state college and community college for the academic year beginning on or after July 1, 2011. For subsequent academic years, the board shall develop procedures to provide for the review of state college and community college plans on a staggered basis, such that the board may review a smaller number of plans each year. These procedures may include provisions requiring a state or community college to submit an updated plan before the approval period of such college’s initial plan has expired, in order to accommodate a staggered schedule.

(g) All student charges received by the board of trustees of a state college or community college under this section 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 of trustees may direct for the operation and support of the institution. Any balance in a trust fund at the end of a fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. All such trust funds shall be subject to audit by the state auditor.

SECTION 20. Chapter 18 of the General Laws is hereby amended by striking out section 5G, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 5G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Claimant", a person who suffers a loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.

"Date of the loss", the date on which the property damage, accident, illness, injury or other incident occurs.

"Third party", an individual, agency, program, entity or insurer including but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as the result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the department the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for public assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only any increase in financial assistance that occurred as a result of the property damage, accident, illness, injury or other incident.

(c) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department may also perfect its right to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.

(d) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

(e) A claimant shall notify the department in writing within 10 calendar days after commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party.

(f) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance provided under chapter 118. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under said chapter 118, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such moneys, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.

(g) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the department to pursue its rights under this section shall be grounds for termination of benefits.

(h) Notwithstanding any general or special law or rule or regulation to the contrary, an insurer doing business in the commonwealth shall provide information requested by the department for use by the agency to recover public assistance benefits under this section.

SECTION 21. Section 4C of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 59, the figure “8” and inserting in place thereof the following figure:- 10.SECTION 22. Said section 4C of said chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 59, the figure “8” and inserting in place thereof the following figure:- 9.SECTION 11C. Said section 4C of said chapter 21A, as so appearing, is hereby amended by inserting after the word “Commission”, in line 65, the following words: - “, 1 of whom shall be a representative of the Nantucket Planning and Economic Development Commission”.

SECTION 23. (a) Section 3A of chapter 21E of the General Laws, as so appearing, is hereby amended by striking out, in line 349, the words “twenty percent” and inserting in place thereof the following words:- a statistically significant number, as determined by the department in consultation with the waste site cleanup advisory committee, taking into account the need for audits to ensure a high level of compliance with this chapter and the Massachusetts contingency plan and the need to target audit resources in the most efficient and effective manner,

SECTION 24. Paragraph (B) of section 30 of chapter 23B of the General Laws, as appearing in section 37 of chapter 4 of the acts of 2009, is hereby amended by inserting after the second paragraph the following 2 paragraphs:-

Eligibility for emergency housing assistance by an otherwise eligible family shall not be impaired by prior receipt of any nonshelter benefit. The department shall make every effort to ensure that children receiving services under this section continue attending school in the community in which they lived prior to receiving services.

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 to the department 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, however, that the department shall not impose unreasonable requirements for third-party verification and shall accept verifications from the family whenever reasonable. Shelter benefits received in accordance with the preceding sentence shall not render a family ineligible under any regulation providing that a family who previously received shelter is ineligible for shelter benefits for a period of 12 months. Families receiving such shelter benefits who are found not to be eligible for continuing shelter benefits shall be eligible for benefits pending a timely appeal pursuant to paragraph (F).

SECTION 25. Said section 30 of said chapter 23B, as so appearing, is hereby further amended by adding the following paragraph:-

(G) Benefits under this section shall only be provided to residents who are citizens of the United States or aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States.

SECTION 26. (A) Section 4 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 3, the word “twenty-one” and inserting in place thereof the following words:- not more than 21.

SECTON 27. Section 5 of said chapter 23E, as so appearing, is hereby amended by striking out, in line 4, the word “six” and inserting in place thereof the following words:- not more than 6.

SECTION 28. Section 5 of chapter 23I of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word “may” and inserting in place thereof the following word: - shall.SECTION 29. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

There shall be within the department 4 divisions: (i) a division of energy efficiency, which shall work with the department of public utilities regarding energy efficiency programs; (ii) a division of renewable and alternative energy development, which shall oversee and coordinate activities that seek to maximize the installation of renewable and alternative energy generating sources that will provide benefits to ratepayers, advance the production and use of biofuels and other alternative fuels as the division may define by regulation, and administer the renewable portfolio standard and the alternative portfolio standard; (iii) a division of aggregated energy procurement, which shall promote and advance the commonwealth's public interests by acting to reduce energy costs and greenhouse gas emissions for all state agencies; and (iv) a division of green communities, which shall serve as the principal point of contact for municipalities and other governmental bodies concerning all matters under the jurisdiction of the department of energy resources. Each division shall be headed by a director who shall be appointed by the commissioner and who shall be a person of skill and experience in the field of energy efficiency, renewable energy or alternative energy, energy purchasing and procurement, and energy regulation or policy, respectively. The directors shall be the executive and administrative heads of their respective divisions and shall be responsible for administering and enforcing the law relative to such division and to each administrative unit thereof under the supervision, direction and control of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive such salary as may be determined by law and shall devote full time during business hours to the duties of the office. In the case of an absence or vacancy in the office of the director, or in the case of disability as determined by the commissioner, the commissioner may designate an acting director to serve as director until the vacancy is filled or the absence or disability ceases. The acting director shall have all the powers and duties of the director and shall have similar qualifications as the director.

SECTION 30. Section 3 of said chapter 25A, as so appearing, is hereby amended by inserting after the definition of “Energy conservation” the following definition:-

“Energy resources”, electricity, natural gas, heating fuels, transportation fuels, demand response, efficiency, and energy management services;

SECTION 31. Said section 3 of said chapter 25A, as so appearing, is here further amended by inserting after the definition of “State agency”, the following definition:-

“State energy resource contracts”, contracts executed by the division under section 11C1/2.

SECTION 32. Said chapter 25A is hereby further amended by inserting after section 11C the following section:-

Section 11C1/2. (a) (1) The division of aggregated energy procurement shall promote and advance the commonwealth's public interests by acting as the lead agency, in collaboration with the Massachusetts clean energy technology center, the executive office of energy and environmental affairs and the executive office for administration and finance to reduce energy costs and greenhouse gas emissions for all state agencies by: (i) establishing a statewide procurement process for energy resources; (ii) managing a statewide energy monitoring and analysis system to optimize energy usage in state-owned facilities; and (iii) recommending energy-related capital investments.

(2) The division shall manage these duties so as to obtain adequate, reliable, efficient, environmentally-sustainable and cost-effective energy resources.

(b) There shall be an advisory committee consisting of 9 individuals with an interest in and knowledge of matters related to energy procurement. The division shall consult with the advisory committee in matters related to the division and in the implementation of this section. The advisory committee shall develop objectives and procurement strategies and recommend financial controls. The advisory committee shall develop objectives and procurement strategies and recommend financial controls. The advisory committee shall include the secretary of administration and finance who shall serve as chair, the secretary of energy and environmental affairs, the executive director of the Massachusetts clean energy technology center, the state purchasing agent , 1 member to be appointed by the secretary of energy and environmental affairs who shall be an expert on energy management services and 4 members to be appointed by the secretary of administration and finance, 1 of whom shall be from a participating executive branch agency, 1 of whom shall represent quasi-public entities, 1 of whom shall represent participating state authorities and 1 of whom shall be an expert on energy procurement. The members of the advisory committee shall serve without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. The advisory committee shall meet at least quarterly and at such other times as the members shall decide. A member may appoint a designee to represent that member at any such meeting.

(c) State agencies shall procure energy resources through state energy resource contracts negotiated by the division and executed subject to this section unless granted a waiver by the division. Local governmental bodies may procure energy resources through state energy resource contracts by notifying the division in writing. Notwithstanding this subsection, a state agency or local governmental body served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level shall not procure energy resources from state energy resource contracts.

(d) The division, in consultation with the advisory committee, shall establish procedures and criteria to enable a state agency, in consultation with the division, to evaluate the costs and benefits of any then-current contractual obligations for energy resources applicable to that state agency. Following the termination date of these contracts, the state agency shall procure energy through state energy resource contracts unless granted a waiver by the division. The division may waive the requirements of this subsection if, after consultation with any applicable governing body of the state agency, the division concludes that the costs and benefits of maintaining separate procurement contracts for the state agency achieves the best value or is in the best interests of the entity. If a state agency that: (1) has been accepted by the Federal Energy Regulatory Commission under the Federal Power Act as an energy wholesale electric customer for power supply and transmission; (2) engages in sales for resale under the Federal Power Act; owns, operates and maintains an electricity transmission and distribution (including voltage step-down capacity); (3) is subject to enforceable grant assurances under a federal funding program, which requires it to operate its federally assisted facility or facilities on as financially self-sustaining basis as is feasible; and (4) whose primary operating facilities are subject to federal regulation and federal licensure or certification can demonstrate, along with the presentation before the board by the division of a report on savings under the state energy resource contract, to its board or applicable governing body a measurable savings through a separate procurement which is greater than any savings that would be realized through use of a state energy resource contract under this section, shall be granted a waiver by the division. If the division grants a waiver, the state agency may conduct separate procurements for energy resources subject to all applicable procurement laws, regulations and policies. A state agency or local governmental body procuring energy resources through a state energy resource contract shall execute all necessary contract documents to complete the procurement.

(e) To increase efficiencies in conducting energy resource procurements for state agencies and local governmental bodies, the division shall:

(i) establish a transparent, open, and competitive statewide procurement process for energy resources for such agencies and bodies at the lowest reasonable cost, but in no instance shall the division procure more than 25% of the electrical energy load of the commonwealth from a single electrical energy generation source; and

(ii) manage all eligible state accounts and, at the discretion of the division, accounts from participating local governmental bodies, by consolidating the supply portion of service into a single electricity and natural gas commodity load profile, respectively.

(f) To streamline energy billing for state agencies and local governmental bodies which have executed contracts under this section, the division, in consultation with the executive office for administration and finance and participating state agencies and local governmental bodies, may create a centralized billing system to receive all utility bills, audit for errors and provide billing to individual state agencies and accounts. Participating state agencies and local governmental bodies shall provide the division with such billing information, as it may request.

(g)(1) To improve energy usage and management for state agencies and achieve state energy policy objectives, the division may:

(i) utilize an energy management system to monitor and analyze the consumption of energy procured through state energy resource contracts in facilities used by state agencies;

(ii) analyze data from the energy management system, energy audits and other sources to identify energy-efficiency investment opportunities;

(iii) identify all existing state-owned energy generation assets and develop a plan to optimize their value; and

(iv) establish equitable means to distribute energy savings to state agencies.

(2) The division may develop a similar energy usage and management program for participating local governmental bodies and may utilize the systems and methods set forth in this subsection in consultation with the green communities division.

(h) To identify appropriate capital investments in the state facility energy infrastructure, the division, in consultation with the executive office for administration and finance, may develop recommendations that:

(1) establish economic criteria to be applied in making capital investments in identified energy efficiency opportunities;

(2) identify capital resources, either through existing bonding authority or other sureties or resources to fund energy-efficiency improvements and distributed-energy generation; and

(3) utilize energy cost-savings to finance, in whole or in part, such capital improvements.

(i) Nothing in this section shall change the relevant terms of existing distribution company tariffs with respect to the provision of distribution services to individually metered accounts.

(j) The division shall report annually on January 1 to the clerks of the senate and house of representatives, the governor and the participating state agencies and local governmental bodies on the operations of the division. The annual report shall include, but not be limited to, a description of the performance of the procurement program and contracts executed under this section, with specific reference to the advisability of the exclusion of any authority under subsection (e) and whether the exclusion of any authority substantially impacts any savings under this section.

(k) The division shall adopt regulations and procedures to carry out this section.

SECTION 33. Chapter 25C of the General Laws is hereby amended by inserting after section 6 the following section:

Section 6A. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-:

“Internet Protocol enabled service” or “IP enabled service”, service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology; provided, however, that no service included within the definition of “Voice over Internet Protocol service” shall be included within this definition.

"Voiceover internet protocol service" or "VoIP Service", service that: (1) enables real time, 2-way voice communications that originate from or terminate to the user’s location in internet protocol or any successor protocol; (2) uses a broadband connection from the user's location; and (3) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(b) Except as set forth in subsections (c)to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.

(c) Subsection (b) shall not be construed to affect the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability.

(d) Subsection (b) shall not be construed to affect, mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or telecommunications relay service fees.

(e) Subsection (b) shall not be construed to modify or affect the rights or obligations of any carrier under sections 47 USC 251 or 47 USC 252.

(f) Subsection (b) shall not be construed to affect or modify any obligations for the provision of video service by any party under applicable lawSECTION 34. Chapter 26 of the General Laws is hereby amended by inserting after section 7B the following section:-

Section 7C. There shall be in the division of insurance an auto damage appraiser licensing board to consist of 4 persons to be appointed by the governor, 2 of whom shall be affiliated with the auto body repair industry and 2 of whom shall be affiliated with insurance companies writing casualty insurance within the commonwealth, and 1 person to be appointed by the commissioner of insurance who shall be the chair of the board who shall not be affiliated with either the auto body industry or the insurance industry. A vacancy on the board shall be filled within 60 days from the date of the vacancy.SECTION 35. Section 2H of chapter 29 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, the comptroller of the commonwealth shall file with the clerks of the senate and house of representattives not later than the fifteenth day of each month a report including, but not limited to, the balance contained in the Commonwealth Stabilization Fund on the first day of the month, any material changes in the condition of the fund, and any other information which he deems appropriate for the consideration of the general court; provided, however, that the report shall be displayed prominently on the website of the comptroller”.SECTION 36. Section 2ZZZ of said chapter 29, as appearing in section 1 of chapter 35 of the acts of 2009, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The following amounts shall be transferred annually from the fund to the Massachusetts Transportation Trust Fund, from which the Massachusetts Department of Transportation shall pay not less than: (1) $160,000,000 to the Massachusetts Bay Transportation Authority or any fund controlled by the authority in each fiscal year; and (2) $15,000,000 to regional transit authorities organized under chapter 161B or predecessor statutes in each fiscal year.

SECTION 37. Said chapter 29 is hereby further amended by inserting after section 2AAAA the following section:-

Section 2BBBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Substance Abuse Treatment and Prevention Fund. The fund shall be credited with all sales tax revenues collected from the sale of alcoholic beverages under chapter 64H which are not part of the dedicated sales tax revenue amount described in section 35T or section 35BB of chapter 10. Amounts credited to the fund shall be expended, subject to appropriation, to support substance abuse treatment and prevention services.

SECTION 38. Said chapter 29 is hereby further amended by inserting after section 5F the following section:-

Section 5G. Notwithstanding any general or special law to the contrary, the department of revenue shall report by November 30 to the state comptroller, the executive office for administration and finance and the house and senate committees on ways and means tax revenues estimated to have been collected during the preceding fiscal year from capital gains income; provided, however, that beginning October 31 and quarterly thereafter the department of revenue shall certify to the state comptroller the amount of tax revenues estimated to have been collected during the preceding quarter from capital gains income. If the department of revenue certifies that the amount of tax revenues estimated to have been collected from capital gains income exceeds $1,000,000,000 in a fiscal year, the comptroller shall transfer quarterly any amount that exceeds $1,000,000,000 collected during that fiscal year to the Commonwealth Stabilization Fund established in section 2H; provided, however, that the amounts to be transferred quarterly shall be based on the amount of capital gains revenue collected in excess of projected quarterly benchmarks; provided further, that any transfers shall be made before the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C: and provided further, that 5 per cent of any amount transferred to the Commonwealth Stabilization Fund under this section shall be transferred to the State Retiree Benefits Fund established in section 24 of chapter 32A.

SECTION 39. Clause (1) of subsection (c) of section 29F of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by adding the following subclause:-

(x) a violation of federal law prohibiting the employment of unauthorized aliens; or.

SECTION 40. Said chapter 29 is hereby further amended by inserting after section 30 the following section:-

Section 30A. Notwithstanding section 50 of chapter 3, or any other general or special law to the contrary, a state agency or state authority shall not use state funds to pay for an executive or legislative agent, as defined in section 39 of chapter 3, unless the executive or legislative agent is a full-time employee of the state agency or state authority.

SECTION 41. Section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by inserting after the word “services”, in line 54, the following words:- ; provided, however, that the procurements shall take place in accordance with section 23B of chapter 32.

SECTION 42. (a) The General Laws are hereby amended by inserting after chapter 30B the following:-

Chapter 30C.

PUBLIC CONTRACT INTEGRITY

Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Public employer”, a department, agency or public instrumentality of the commonwealth or a person, corporation, partnership, sole proprietorship, joint venture or other business entity providing goods or services to a department, agency or public instrumentality of the commonwealth including, but not limited to, the Massachusetts Department of Transportation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority.

“Work authorization program”, an electronic verification of work authorization program or an equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency or by a private verification system authorized by the director of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 and its successor acts.

Section 2. No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information on all new employees and certifies to that effect in writing to the director of labor.

Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies to that effect in writing to the director of labor.

Section 4. This chapter shall be enforced without regard to race, religion, gender, ethnicity or national origin.

Section 5. Except as may be otherwise provided in this chapter, the director of labor shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.

Section 6. The inspector general shall develop and promulgate regulations to ensure that a person receiving funds pursuant to a contract awarded pursuant to chapter 30B and section 44A of chapter 149 is in compliance with federal laws pertaining to immigration and citizenship including, but not limited to 42 U.S.C. section 1436(a). Such regulations shall include, but not be limited to, ascertaining and verifying immigration and citizenship status through a work authorization program .

Section 7. No contract shall be awarded by or to a public employer and no public funds shall be expended under any such contract unless the public employer complies with the regulations prescribed in this chapter.

Section 8. No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a).SECTION 43. The definition of “Regular compensation” in section 1 of chapter 32 of the General Laws, as most recently amended by section 2 of chapter 21 of the acts of 2009, is hereby further amended by inserting after the second paragraph the following paragraph:-

Notwithstanding any provision of this chapter to the contrary, regular compensation for any person who becomes a member after January 1, 2011, shall not include salary, wages or other compensation in whatever form in any calendar year in excess of 64 per cent of the annual limitation that may be imposed under federal law on the amount of compensation that may be taken into account when calculating benefits under plans described in 26 U.S.C. 401(a) including, but not limited to, the applicable limits for any calendar year under 26 U.S.C. 401(a)(17). Faculty, librarians and administrators in public higher education, as well as any physicians employed by the commonwealth who are eligible for the state retirement system, shall not be prohibited from participating in the college retirement equities fund or the optional retirement program by the Teachers Insurance and Annuity Association.

SECTION 44. Said section 1 of said chapter 32 is hereby further amended by striking out, in line 488, as appearing in the 2008 Official Edition, the word “may” and inserting in place thereof the following word:- shall.

SECTION 45 . Section 3 of said chapter 32, as so appearing, is hereby amended by inserting after the word “more”, in line 301, the following words:- “; provided, however, that a district attorney elected on or after July 1, 2010, shall be employed in that capacity or as an assistant district attorney for 10 years or more.SECTION 46. Said section 3 of said chapter 32, as so appearing, is hereby further amended by adding the following subdivision:-

(9) Notwithstanding any provision of this chapter to the contrary, a member who is reinstated to or re-enters the active service of a governmental unit or who is eligible to receive credit for other service under this section and who does not, within 1 year from the date of completing 10 years of creditable service or the of the date of reinstatement or re-entry, whichever last occurs, either: (i) pay into the annuity savings fund of the system make-up payments of an amount equal to the accumulated regular deductions withdrawn by the member, together with buyback interest; or (ii) make provision for the repayment in installments, upon such terms and conditions as the board may prescribe, to pay into the annuity savings fund of the system make-up payments of an amount equal to the accumulated regular deductions withdrawn by the member, together with buyback interest shall pay actuarial assumed interest instead of buyback interest on all make-up payments to be entitled to creditable service resulting from the previous employment.

SECTION 47. Section 5 of said chapter 32 is hereby amended by inserting after the word “service”, in line 38, as so appearing, the following words:- , together with buyback interest, and shall satisfy the requirements for reinstatement under section 105.

SECTION 48. Paragraph (a) of subdivision (2) of said section 5 of said chapter 32, as so appearing, is hereby amended by adding the following 2 sentences:- Notwithstanding the previous sentence, if in the 5 years of creditable service preceding retirement, the difference in the annual rate of regular compensation between any 2 consecutive years exceeds 100 per cent, the retirement allowance shall be based on the average annual rate of regular compensation received by the member during the period of 5 consecutive years preceding retirement. The retirement allowance for members who have served in more than 1 group shall be prorated by applying the percentage for each group to the number of years of service in that group.

SECTION 49. Said subdivision (2) of said section 5 of said chapter 32, as amended by section 7 of chapter 21 of the acts of 2009, is hereby further amended by adding the following paragraph:-

(f) In calculating the average annual rate of regular compensation for purposes of this section, regular compensation in any year shall not include regular compensation that exceeds the average of regular compensation received in the 2 preceding years by more than 7 per cent, plus an increase determined by the increase in the United States Consumer Price Index for the preceding 2 years, as reported by the actuary under paragraph (f) of subdivision (3) of section 21. This paragraph shall not apply to an increase in the annual rate of regular compensation that results from an increase in hours of employment or a change in position that is determined by the board to be bona fide. This section shall be superseded by the terms and conditions of any collective bargaining agreement or individual contract for employment that is in effect on the effective date of this act and shall continue in effect until the stated expiration date of such agreement or June 30, 2012, whichever comes sooner.

SECTION 50. Subdivision (2) of section 10 of said chapter 32, as most recently amended by section 13 of said chapter 21, is hereby further amended by striking out paragraph (a).

SECTION 51. Subdivision (1) of section 11 of said chapter 32 is hereby amended by striking out paragraph (a), as appearing in the 2008 Official Edition, and inserting in place thereof the following paragraph:-

A member entitled to a return of the member’s accumulated total deductions as provided for in paragraph (c) or (d) of subdivision (1) of section 4, in subdivision (4) of section 10, in paragraph (b) of subdivision (2) of section 13 or in subdivision (3) of section 25 shall, subject to subdivision (8) of section 3, this section and section 15, be paid in 1 sum the amount of his accumulated total deductions within 60 days after the member’s filing with the board on a prescribed form his written request therefor. For any such member who becomes a member subsequent to January 1, 1984, who voluntarily withdraws from service with creditable service of less than 120 months, the rate of regular interest for purposes of calculating accumulated total deductions shall be 3 per cent. Any other member entitled to return of his accumulated total deduction shall receive 100 per cent of the rate of regular interest payable.

SECTION 52. Subdivision 2 of section 12 of said chapter 32, as so appearing, is hereby amended by inserting after the sixteenth paragraph the following paragraph:-

Beginning January 1, 2011, the normal monthly member-survivor allowance provided for under this option to a spouse of a deceased member shall not be less than $500 for members of the state teachers’ and state employees’ retirement system. This paragraph shall apply to the members of a retirement system of any other political subdivision upon a majority vote of the board of such system and by the local legislative body. For the purposes of this paragraph, “local legislative body” shall mean a town meeting for a town system, the city council subject to its charter for a city system, the county retirement board advisory council for a county system, the regional retirement board advisory council for a regional system, the district members for a district system and the governing body of an authority for an authority system. Acceptance shall be deemed to have occurred upon the filing of a certification of such vote with the commission.

SECTION 53. Said section 12 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 211 and 212, the words “not be less than two hundred and fifty dollars” and inserting in place thereof the following words:- be either not less than $250 or, if the preceding paragraph applies, not less than $500.

SECTION 54. The second paragraph of subdivision (4) of section 16 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following 2 sentences:- A hearing assigned under this section shall, at the election of a party involving a claim hereunder, be subject to a full evidentiary hearing; provided, however, that such claims may be subject to summary procedure only at the request of any such party; and provided further, that said the summary procedure shall be governed by the standard rules promulgated under section 9 of chapter 30A without addition or substitution thereto. The division of administrative law appeals may impose a reasonable administrative fee for the initiation of a claim under this section for the purpose of employing magistrates.SECTION 55. Section 20 of said chapter 32 is hereby amended by inserting after subdivision (4 7/8D), as so appearing, the following subdivision:-

(4 7/8 E) No employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided, however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; provided, however, that this subdivision shall apply only to individuals who first become members of a retirement board on or after January 1, 2011.

SECTION 56. Said section 20 of said chapter 32, as so appearing, is hereby further amended by adding the following subdivision:-

(7) (a) During each full term of service retirement board members shall be required to undertake 18 hours of training; provided, however, that not less than 3 hours shall take place each year and not more than 9 hours shall take place in any single year.

(b) The training shall consist of 9 hours sponsored by the public employee retirement commission, herein after referred to as the commission, which shall include, at a minimum, the topics of fiduciary responsibility, ethical conduct and conflict of interest, and 9 hours of training on topics prescribed by the commission provided by the Massachusetts Association of Contributory Retirement Systems or other local, state, regional and national organizations recognized by the commission as having expertise in retirement issues of importance to retirement board members or other entities, as the commission may from time to time determine.

(c) The commission shall arrange for at least 18 sessions during each year for members to complete this requirement. In addition, the commission shall schedule additional sessions or otherwise make accommodations to insure that members are afforded the maximum opportunity to complete this requirement.

(d) The commission shall annually provide retirement boards with a statement of completion of education form on or before December 31. The board shall provide the forms to its members. The form shall set forth the training as required by this subdivision the member has undertaken during that year. Board members shall submit the completed form to the commission by January 31 of the year following. The commission shall annually provide the member with a summary of the member’s status regarding the completion of this requirement by March 31.

(e) Failure to successfully complete the requirements of this subdivision shall prohibit a board member from serving beyond the conclusion of the term in which the failure took place. If the non-complying member is an ex-officio member or a second member of a board the appointing authority for the second member shall appoint a different individual to serve on the board; provided, however, that if the replacement is of an ex-officio member the individual shall be experienced in the field of finance or auditing; and provided further, that in a regional retirement system non-complying members shall be replaced in the same manner as is set forth for the selection of the members.

(f) Each retirement board shall notify all board members and prospective board members of the requirement to complete education requirements at the time of receiving information about seeking election to a retirement board or prior to being appointed to a retirement board.

(g) The commission shall annually notify board members of the requirement to complete continuing education.

SECTION 57. Said chapter 32 is hereby amended by inserting after section 20B the following section:-

Section 20C. (a) Every member of a retirement board shall file a statement of financial interests for the preceding calendar year with the commission: (1) within 30 days of becoming a member of a retirement board; (2) by May 1 of each year thereafter that the person is a member of a retirement board; and (3) by May first of the year after the person ceases to be a member of a retirement board;

(b) The commission shall, upon receipt of a statement of financial interests under this section, issue to the person filing the statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of the statement.

(c) A member of a retirement board shall not be allowed to continue in the member’s duties unless the member has filed a statement of financial interests with the commission as required by this section.

(d) The statement of financial interests filed under this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.

(e) A reporting person shall disclose, to the best of the person’s knowledge, the following information for the preceding calendar year, or as of the last day of the year with respect to the information required by clauses (2), (3) and (6)of this subsection; provided, however, that the person shall also disclose the same information with respect to the person’s immediate family; and provided further, that no amount need be given for the information about the reporting person's immediate family:

(1) the name and address of, the nature of association with, the share of equity in, if applicable, of each business with which the person is associated;

(2) the identity of all securities and other investments with a fair market value of greater than $1,000 which were beneficially-owned, not otherwise reportable hereunder;

(3) the name and address of each creditor to whom more than $1,000 was owed; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business and any obligation to make alimony or support payments, shall not be reported; and provided further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;

(4) the name and address of the source and the cash value of any reimbursement for expenses aggregating more than $100 in the calendar year if the recipient is a member of a retirement board and the source of the reimbursement is a person having a direct interest in a matter before the retirement board of which the recipient is a member;

(5) the name and address of the donor and the fair market value, if determinable, of any gifts aggregating more than $100 in the calendar year, if the recipient is a member of a retirement board and the source of the gift is a person having a direct interest in a matter before the retirement board of which the recipient is a member;

(6) the name and address of the source and the fair market value, of any honoraria aggregating more than $100 if the recipient is a member of a retirement board and the source of such honoraria is a person having a direct interest in a matter before a retirement board;

(7) the name and address of any creditor who has forgiven an indebtedness of over $1,000 and the amount forgiven if the creditor is a person having a direct interest in a matter before a retirement board; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative; and ,

(8) the name and address of any business from which the reporting person is taking a leave of absence;

(f) Nothing in this section shall be construed to require the disclosure of information, which is privileged by law.

(g) Failure of a reporting person to file a statement of financial interests within 30 days of receipt of the notice in writing from the commission which states in detail the deficiency and the penalties for failure to file a statement of financial interests or the filing of an incomplete statement of financial interests after receipt of a notice shall result in the removal of the reporting person from the board and the reporting person shall not be permitted to serve on a retirement board established under this chapter; provided, however, that, if the reporting person has filed an incomplete statement of financial interests the removal shall be stayed upon the filing of an appeal under subdivision (4) of section 16. If the non-complying member is an ex-officio member the member’s appointing authority shall appoint a different individual to serve on the board or if the member is directly elected by the people a different individual shall be appointed to serve on the board by the mayor, county commissioners or board of selectman as the case may be.

SECTION 58. Paragraph (a) of subdivision 1 of section 21 of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by inserting after the third sentence the follow sentence:- Each board shall maintain a copy of all collective bargaining agreements which cover the systems members and shall make the agreements available to the commission for review at such time as the commission shall specify.

SECTION 59. Said chapter 32 is hereby further amended by inserting after section 21 the following section:-

Section 21A. (a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-

"Affiliates'', entities which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another or when a third party controls or has the power to control both.

"Commission'', the public employee retirement administration commission.

"Contract'', a contract for the furnishing of supplies or services to a retirement board.

"Debarment'', an exclusion from contracting or subcontracting with a retirement board for a reasonable and specified period of time commensurate with the seriousness of the offense.

"Person'', a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

"Retirement board”, a board established under chapter 32, chapter 34B or the retirement board of the Massachusetts Water Resources Authority, excluding the pension reserves investment management board.

"Suspension'', the temporary disqualification of a vendor who is suspected upon adequate evidence of engaging or having engaged in conduct which constitutes grounds for debarment.

"Vendor'', a person that has furnished or seeks to furnish supplies or services under a contract with a retirement board.

(b) The commission shall establish and maintain a consolidated list of vendors to whom contracts shall not be awarded and from whom offers, bids or proposals shall not be solicited. The list shall show at a minimum the following information:

(1) the names of those persons debarred or suspended in alphabetical order with appropriate cross reference where more than one name is involved in a single debarment or suspension;

(2) the basis of authority for each debarment or suspension;

(3) the extent of restrictions imposed;

(4) the termination date of each debarment or suspension; and

(5) in the case of a suspension, the hearing date, if and when set, for debarment proceedings.

The commission shall cause the list to be kept current by the issuance of notices of additions and deletions. The list shall be published on a periodic basis, together with notices of additions and deletions, in the goods and services bulletin and the central register published by the state secretary and in other publications as the commission shall designate. The commission shall also forward the list to the inspector general, the attorney general and the state auditor.

(1) conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses:

(i) a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(ii) a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the vendor's present responsibility as a public contractor;

(iii) a violation of state or federal antitrust laws arising out of the submission of bids or proposals;

(iv) a violation of chapter 268A; or

(v) a violation of this chapter.

(2) substantial evidence, as determined by the commission, of any of the following acts:

(i) willfully supplying materially-false information incident to obtaining or attempting to obtain or performing any public contract or subcontract;

(ii) willful failure to comply with record-keeping and accounting requirements prescribed by law or regulation;

(iii) a record of failure to perform or of unsatisfactory performance in accordance with the terms of 1 or more public contracts; provided, however, that the failure to perform or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar; and provided further, that the failure to perform or unsatisfactory performance was not caused by factors beyond the vendor’s control;

(iv) the submission to the board or the commission of an inaccurate disclosure statement;

(v) the failure to disclose to the board and the commission compensation provided to a person in regards to attempting to obtain or the performance of a public contract or subcontract, including, but not limited to, compensation provided by third parties retained by the vendor to another person; or

(vi) any other cause affecting the responsibility of a vendor which the commission determines to be of a serious and compelling nature as to warrant debarment.

(d) No vendor shall be suspended unless the commission has first informed the vendor by written notice of the proposed suspension mailed by registered or certified mail to the vendor's last known address, except when the commission determines that immediate suspension is necessary to prevent serious harm to the retirement system, in which case the suspension shall take effect immediately upon signing by the executive director of the commission of an order of suspension and notice shall be mailed to the vendor at the earliest opportunity. The notice shall inform the vendor of the reasons for the proposed suspension and shall state that the vendor may, within 14 days, respond in writing and may in the response request a hearing. The commission may extend the period for response at the request of the vendor. The commission shall determine whether to impose the suspension or, in the case of an emergency suspension imposed prior to notice to the vendor, whether to continue the suspension after reviewing the vendor's response, if any, and making an investigation as the commission determines is necessary and appropriate. An indictment, or any information or other filing by a public agency charging a criminal offense, for any of the offenses listed in paragraph (1) of subsection (d) shall constitute adequate evidence to support a suspension.

If the vendor requests a hearing and the suspension is not based on an indictment, the commission shall conduct a hearing according to the rules for the conduct of adjudicatory hearings established by the secretary of administration under chapter 30A. The hearing shall be initiated within 30 days of the imposition of the suspension, unless the vendor requests that the hearing be delayed. Officers and employees of the commission and records of the commission shall not be subject to subpoena for such hearing, if in the opinion of the commission production of records or testimony would prejudice any pending investigation by the commission.

A suspension shall not exceed 12 months unless a pending administrative or judicial proceeding in which the vendor is a party may result in a conviction or final adjudication of an offense listed in paragraph (1) of subsection (d).

(e) No vendor shall be debarred under this section unless the commission has first informed the vendor by written notice of the proposed debarment mailed by registered or certified mail to the vendor's last known address. The notice shall inform the vendor of the reasons for the debarment and shall state that the vendor will be accorded an opportunity for a hearing if the vendor so requests within fourteen days of receipt of the notice. A hearing requested under this paragraph shall be conducted by the commission within sixty days of receipt of the request, unless the commission grants additional time therefore at the request of the vendor. The hearing shall be conducted according to the rules for the conduct of adjudicatory hearings established by the commissioner of administration pursuant to chapter thirty A. A debarment shall not be imposed until (i) fourteen days after receipt by the vendor of notice of the proposed debarment if no hearing is requested, or (ii) the issuance of a written decision by the commission which makes specific findings that there is sufficient evidence to support the debarment and that debarment for the period specified in the decision is required to protect the integrity of the public contracting process. A vendor shall be notified forthwith of the decision by registered or certified mail, and of the vendor's right to judicial review in the event that the decision is adverse to the vendor. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

(f) A debarment or suspension may include all known affiliates of a vendor. The decision to include a known affiliate within the scope of a debarment or suspension shall be made on a case-by-case basis, after giving due regard to all relevant facts and circumstances. The offense or act of an individual justifying suspension, or the evidence justifying a suspension, may be imputed to the entity with which the individual is connected when such offense or act occurred in connection with the individual's performance of duties for or on behalf of the entity or with the knowledge, approval, or acquiescence of the entity or one or more of its principals. The entity's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. The offense or act of an entity justifying debarment, or the evidence justifying a suspension, may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the entity who participated in, knew of, or had reason to know of the entity's act. An entity may not be suspended or debarred except in accordance with the procedures set forth in this section.

(g) In determining whether to debar a vendor, or the period of a debarment, all mitigating facts and circumstances shall be taken into consideration. A debarment may be removed or the period thereof may be reduced by the commission upon the submission of an application supported by documentary evidence setting forth appropriate grounds for the granting of relief, such as newly discovered material evidence, reversal of a judgment or conviction, bona fide change of ownership or management, or the elimination of the cause for which the debarment was imposed.

(h) During the period for which a person has been debarred or suspended, that person shall not submit or cause to be submitted offers, bids, or proposals to any retirement board, nor shall any retirement board solicit or consider offers, bids, or proposals from, nor execute, renew, or extend any contract with, a debarred or suspended vendor, and a vendor shall not contract for services from a debarred or suspended subcontractor on any contract with a retirement system.

SECTION 60. Subdivision (2) of section 23 of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph: -

(b) The board of each system shall invest and reinvest the funds of the system in the PRIT Fund under subdivision (8) of section 22, in the PRIT Fund by purchasing shares of the fund, as provided for in the trust agreement adopted by the PRIM board under subdivision (2A) or as follows:-

(i) in accordance with the standards set forth in subdivision (3), provided that: -

(A) no investment of funds shall be made in stocks, securities or other obligations of a company which derives more than 15 per cent of its revenues from the sale of tobacco products;

(B) in investing funds the board shall employ an investment manager or investment managers who shall invest the funds of the system; and

(ii) No investment of funds shall take place until board has received from the commission an acknowledgement of receipt of the following:-

(A) certification that, in making the selection, the board has complied with the process established in section 23B;

(B) a copy of the vendor certification required under section 23B;

(C ) copies of disclosure forms submitted by the selected vendor;

(D) a certification that the investment is not a prohibited investment as set forth in regulations of the commission;

(E) if the board has retained a consultant, a copy of the consultant reports pertaining to the investment and the selected vendor; and

(F) a copy of the board certification required under section 23B.

The commission may withhold the acknowledgement if it determines that it is in the best interest of the retirement system; provided, however, that it must so notify the board within 10 days of receipt of completed documents as required by this section.

(iii) Prior to the retention of an investment consultant the board must receive from the commission an acknowledgement of receipt of the following:-

(A) certification that, in making the selection, the board has complied with the process established in section 23B;

(B) copy of the vendor certification required under section 23B;

(C ) copies of disclosure forms submitted by the selected consultant; and

(D) copy of the board certification required under section 23B.

SECTION 61. Subdivision (3) of said section 23 of said chapter 32, as so appearing, is hereby amended by adding the following sentence:- Each member of a retirement board established pursuant to the provisions of this chapter shall upon the commencement of their term file with the commission a statement acknowledging that they are aware of and will comply with the standards set forth in chapter 268A of the general laws, the provisions of this chapter and the provisions of regulations promulgated pursuant to this chapter.

SECTION 62. Said section 23 of said chapter 32 is hereby further amended by striking out subdivision (4), as so appearing, and inserting in place thereof the following subdivision:-

(4) If the commission makes a written finding that a board of any retirement system has violated or neglected to comply with this chapter or the rules and regulations promulgated by the commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee a board that is responsible for the administration of such system. The receiver shall be authorized to take or desist from any action in order to insure that the system is managed with reasonable care, skill, prudence and diligence. The action may include, but is not limited to, the following:-

(i) transfer of assets to the PRIT Fund;

(ii) removal of a board member;

(iii) appointment of board member;

(iv) termination of a contract;

(v) approval or denial of retirement benefits;(vi) employment or termination of employees; and, conduct of a fiduciary audit.

SECTION 63. Said chapter 32 is hereby amended by inserting after section 23 the following section –

Section 23B. (a) This section shall apply to every retirement board contract for the procurement of investment, actuarial, legal and accounting services.

(b) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-

"Contract'', all types of agreements for the procurement of services, regardless of what the parties may call the agreement.

"Contractor'', a person having a contract with a retirement board.

"Majority vote'', as to any action by or on behalf of a retirement board, a simple majority of the board.

"Minor informalities'', minor deviations, insignificant mistakes and matters of form rather than substance of the proposal or contract document which can be waived or corrected without prejudice to other offerors, potential offerors or the retirement board.

"Person'', a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

"Procurement'', acquiring a service and all functions that pertain to the obtaining of a service, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

“Procurement officer”, an individual duly authorized by the retirement board to assist in a procurement.

"Proposal'', a written offer to provide a service at a stated price submitted in response to a request for proposals.

"Purchase description'', the words used in a solicitation to describe the services to be purchased, including specifications attached to or incorporated by reference into the solicitation.

"Request for proposals'', the documents utilized for soliciting proposals, including documents attached or incorporated by reference.

"Responsible bidder or offeror'', a person who has the capability to perform fully the contract requirements and the integrity and reliability which assures good faith performance.

"Responsive bidder or offeror'', a person who has submitted a bid or proposal which conforms in all respects to the request for proposals.

"Retirement board”, a board established under this chapter, chapter 34B or the retirement board of the Massachusetts Water Resources Authority, but excluding the pension reserves investment management board.

"Services'', the furnishing of labor, time or effort by a contractor, not involving the furnishing of a specific end product other than reports; provided, however, that the term shall not include employment agreements, collective bargaining agreements or grant agreements.

(c) A retirement board shall enter into procurement contracts for investment, actuarial legal and accounting services utilizing competitive sealed proposals, in accordance with the provisions of this section.

(d) A retirement board that awards a contract shall maintain a file on each contract and shall include in the file a copy of all written documents required by this section. Written documents required by this section shall be retained by the retirement board for at least 6 years from the date of final payment under the contract.

(e) The retirement board or its procurement officer shall give public notice of the request for proposals and a reasonable time prior to the date for the opening of proposals. The notice shall:

(1) indicate where, when and for how long the request for proposal may be obtained;

(2) describe the service desired and reserve the right of the retirement board to reject any or all bids;

(3) remain posted, for at least 2 weeks, in a conspicuous place in or near the offices of the retirement board until the time specified in the request for proposals; and

(4) be published at least once, not less than 2 weeks prior to the time specified for the receipt of proposals, in a newspaper of general circulation within the area served by the retirement board and in the case of a procurement for investment, accounting, actuarial or legal services in a publication of interest to those engaged in providing such services.

The retirement board or its procurement officer shall also place the notice in a publication established by the state secretary for the advertisement of such procurements.

The retirement board or its procurement officer may distribute copies of the notice to prospective bidders and may compile and maintain lists of prospective bidders to which notices may be sent.

(f) The retirement board shall unconditionally accept a proposal without alteration or correction, except as provided in this section. A bidder may correct, modify or withdraw a proposal by written notice received in the office designated in the request for proposals prior to the time and date set for the proposal opening. After proposal opening, a bidder may not change the price or any other provision of the proposal in a manner prejudicial to the interests of the retirement board or fair competition. The retirement board shall waive minor informalities or allow the bidder to correct them. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the procurement officer shall correct the mistake to reflect the intended correct proposal and so notify the bidder in writing and the bidder may not withdraw the proposal. A bidder may withdraw a proposal if a mistake is clearly evident on the face of the proposal document but the intended correct proposal is not similarly evident.

(g) The retirement board shall solicit proposals through a request for proposals. The request for proposals shall include:

(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered and the maximum time for proposal acceptance by the retirement board;

(2) the purchase description and all evaluation criteria that may be utilized under subsection (h); and

(3) all contractual terms and conditions applicable to the procurement; provided, however, that the contract may incorporate by reference a plan submitted by the selected offeror for providing the required services.

The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain the documents. The retirement board or its procurement officer shall make copies of the request for proposals available to all persons on an equal basis.

(h) The retirement board or its procurement officer shall not open the proposals publicly, but shall open them in the presence of a witness at the time specified in the request for proposals. Notwithstanding section 7 of chapter 4, until the completion of the evaluations or until the time for acceptance specified in the request for proposals, whichever occurs earlier, the contents of the proposals shall remain confidential and shall not be disclosed to competing offerors. At the opening of proposals the retirement board or its procurement officer shall prepare a register of proposals which shall include the name of each offeror and the number of modifications, if any, received. The register of proposals shall be open for public inspection.

(i) The retirement board or its consultant retained under this chapter shall be responsible for the initial evaluation of the proposals. The retirement board or its consultant retained under of this chapter shall prepare their initial evaluations based solely on the criteria set forth in the request for proposals. The evaluations shall specify in writing:

(1) a rating of each proposal evaluation criteria as highly advantageous, advantageous, not advantageous or unacceptable, and the reasons for the rating;

(2) a composite rating for each proposal and the reasons for the rating; and

(3) revisions, if any, to each proposed plan for providing the required services which should be obtained by negotiation prior to awarding the contract to the offeror of the proposal.

If the initial evaluation is conducted by a consultant retained under this chapter the consultant shall review all initial evaluations with the retirement board and provide to each member of the retirement board the initial evaluation of each proposal.

(j) The retirement board shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement. The retirement board may condition an award on successful negotiation of the revisions specified in the evaluation and shall explain in writing the reasons for omitting any revision from a plan incorporated by reference in the contract.

(k)(1) If a competitive process to select an investment service provider the request for proposals includes mandatory contractual terms and conditions to be incorporated into the contract including provisions stating that the contractor is a fiduciary with respect to the funds which the contractor invests on behalf of the retirement board, provisions stating that the contractor shall not be indemnified by the retirement board, provisions requiring the contractor to annually inform the commission and the board of any arrangements in oral or in writing, for compensation or other benefit received or expected to be received by the contractor or a related person from others in connection with the contractors services to the retirement board or any other client, provisions requiring the contractor to annually disclose to the commission and the retirement board compensation, in whatever form, paid or expected to be paid, directly or indirectly, by the contractor or a related person to others in relation to the contractors services to the retirement board or any other client and provisions requiring the contractor to annually disclose to the commission and the retirement board in writing any conflict of interest the contractor may have that could reasonably be expected to impair the contactor’s ability to render unbiased and objective services to the retirement board. Other mandatory contractual terms and conditions shall address investment objectives, brokerage practices, proxy voting and tender offer exercise procedures, terms of employment and termination provisions. The retirement board shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board or its duly designated agent, subject to the approval of the retirement board, may negotiate all terms of the contract not deemed mandatory or non-negotiable with the offeror. If, after negotiation with the offeror, the retirement board in consultation with its duly designated agent and its consultant retained under this chapter determines that it is in the best interests of the retirement board, the retirement board in consultation with its consultant retained under this chapter may determine the proposal which is the next most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals and may negotiate all terms of the contract with the offeror. The retirement board shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, the evaluated criteria set forth in the request for proposals,and the terms of the negotiated contract. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The time for acceptance may be extended for up to 45 days by mutual agreement between the retirement board and the responsible and responsive offeror offering the most advantageous proposal as determined by the retirement board.

On or before January 1 of each year the contractor shall file the disclosures required with the board and the commission. Failure to file disclosures or the filing of inaccurate disclosures shall subject the contractor to proceedings under section 21A.

(2) The retirement board may cancel a request for proposals or may reject in whole or in part any and all proposals when the retirement board determines that cancellation or rejection serves the best interests of the system. The retirement board shall state in writing the reason for a cancellation or rejection.

(3) A person submitting a proposal for the procurement or disposal of services to a retirement board shall certify in writing on the proposal as follows:

The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

___________________________________________________

(Signature of individual submitting bid or proposal)

___________________________________________________

(Name of business)

(4) Each retirement board member shall certify to the commission in writing with respect to a procurement subject to the provisions of this section, as follows:

The undersigned certifies under penalties of perjury that, to the best of the members knowledge and belief, this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

____________________________________________________

(Signature of individual retirement board member)

____________________________________________________

(Name of retirement board)

(5) No person shall cause or conspire to cause the splitting or division of a request for proposals, proposal, solicitation or quotation for the purpose of evading a requirement of this section.

(6) Unless otherwise provided by law and subject to clause (i), a retirement board may enter into a contract for a period of time which serves the best interests of the retirement board; provided, however, that the retirement board shall include in the solicitation the term of the contract and conditions of renewal, extension or purchase, if any.

(i) A retirement board shall not award a contract for a term exceeding 5 years, including any renewal, extension or option; provided, however, that a retirement board may participate in a limited partnership, trust or other entity with a term for a period longer than 5 years as part of an investment of system assets.

When a contract is to contain an option for renewal, extension or purchase, the solicitation shall include notice of the provision. The retirement board shall retain sole discretion in exercising the option and no exercise of an option shall be subject to agreement or acceptance by the contractor.

(ii) The retirement board shall not exercise an option for renewal, extension or purchase unless the retirement board, after reasonable investigation of costs and benefits, has determined in writing that the exercise of the option is more advantageous than alternate means of procuring comparable services.

(7) All specifications shall be written in a manner which describes the requirements to be met without having the effect of exclusively requiring a proprietary service or procurement from a sole source.

(8) All contracts shall be in writing and the retirement board shall make no payment for a service rendered prior to the execution of the contract.

(i) A contract made in violation of this section shall not be valid and the retirement board shall make no payment under such contract. Minor informalities shall not require invalidation of a contract.

(ii) A person who causes or conspires with another to cause a contract to be solicited or awarded in violation this section shall forfeit and pay to the appropriate retirement board a sum of not more than $2,000 for each violation. In addition, the person shall pay double the amount of damages sustained by the retirement board by reason of the violation, together with the costs of any action. If more than 1 person participates in the violation, the damages and costs may be apportioned among them.

(iii) The commission or the retirement board shall have authority to institute a civil action to enforce clause (ii).

(k) Any other provision of this chapter, including provisions that apply to a county retirement system, that are not inconsistent with this sectiion shall apply to the Essex regional retirement system.”;SECTION 64. Paragraph (e) of subdivision (2A) of section 23 of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by adding the following clause:-

(xv) not award a compensation package that includes incentive payments for performance in a year in which the total value of the fund is reduced from the total value thereof in the preceding year.

SECTION 65. Section 65D of said chapter 32, as so appearing, is hereby amended by inserting after the word “office,”, in line 5, the following words:- and a chief justice or an associate justice of the supreme judicial court.

SECTION 66. Section 101 of said chapter 32, as so appearing, is hereby amended by striking out, in line 8, the words “six thousand dollars” and inserting in place thereof the following words:- either $6,000 or, in a retirement system accepting the supplemental annual allowance as provided in this section, $9,000.

SECTION 67. Section 2 of chapter 32B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (f) the following subsection:-

(f½) “Health reimbursement account”, a federally-recognized tax-exempt health benefit program that allows an employer to reimburse qualified medical expenses paid by employees.

SECTION 68. Said chapter 32B is hereby further amended by inserting after section 9A the following section:-

Section 9A1/2. Whenever a retired employee or beneficiary receives a healthcare premium contribution from a governmental unit in a case where a portion of the retiree’s creditable service is attributable to service in 1 or more other governmental units, the first governmental unit shall be reimbursed in full, in accordance with this paragraph, by the other governmental units for the portion of the premium contributions that corresponds to the percentage of the retiree’s creditable service that is attributable to each governmental unit. The other governmental units shall be charged based on their own contribution rate or the contribution rate of the first employer, whichever is lower.

The treasurer of the first governmental unit shall annually, on or before January 15, upon the certification of the board of the system from which the disbursements have been made, notify the treasurer of the other governmental unit of the amount of reimbursement due for the previous fiscal year and the treasurer of the other governmental unit shall immediately take all necessary steps to insure prompt payment of this amount. In default of any such payment, the first governmental unit may maintain an action of contract to recover the same, but there shall be no such reimbursement if the 2 systems involved are the state employees' retirement system and the teachers' retirement system.

SECTION 69. Subsection (a) of section 19 of said chapter 32B, as so appearing, is hereby amended by striking out the second paragraph.

SECTION 70. Said section 19 of said chapter 32B, as so appearing, is hereby further amended by adding the following subsection:-

(j) (1) The secretary of administration and finance shall promulgate regulations requiring the group insurance commission to submit to the secretary of administration and finance the actuarial value of the non-medicare plan provided by the commission which has the largest subscriber enrollment at the start of the fiscal year beginning July 1. This actuarial value shall be the group insurance commission actuarial benchmark.

The secretary of administration and finance shall promulgate regulations requiring the group insurance commission to submit to the secretary the actuarial value of the medicare extension plan provided by the commission which has the largest subscriber enrollment at the start of the fiscal year beginning July 1. This actuarial value shall be the group insurance commission medicare extension actuarial benchmark.

(2) Notwithstanding any special or general law to the contrary, after July 1, 2010, a political subdivision which provides health insurance coverage to subscribers under this section may, in order to achieve reductions in health care expenditures, elect to transfer its subscribers to the group insurance commission under subsection (e) without a written agreement between the appropriate public authority and the public employee committee as required under subsection (a).

(3) Notwithstanding any special or general law to the contrary, after July 1, 2010, a political subdivision which provides health insurance coverage to subscribers under this section and has not transferred its subscribers to the commission may, in order to achieve reductions in health care expenditures, elect to reduce the actuarial value of its health care plan without a written agreement between the appropriate public authority and the public employee committee as required under subsection (a); provided, however, that the actuarial value of its plan or plans shall be no lesser than the group insurance commission actuarial benchmark or the group insurance commission medicare extension actuarial benchmark, as applicable.

(4) A political subdivision electing to reduce health care expenditures by either transferring subscribers to the group insurance commission under paragraph (2) or by reducing the actuarial value of its health care plans under paragraph (3) shall do so in the following manner: (i)in a county, except Worcester county, by a vote of the county commissioners; (ii) in a city having Plan D or a Plan E charter, by majority vote of the city council and approval by the manager; (iii) in any other city, by majority vote of the city council and approval by the mayor; (iv) in a town, by vote of the board of selectmen; (v) in a regional school district, by vote of the regional district school committee; (vi) and in all other districts, by vote of the registered voters of the district at a district meeting. No change implemented under this paragraph shall be subject to an obligation to bargain under chapter 150E.

(5) At least 90 days before implementing any changes authorized under paragraph (4), the political authority shall convene a meeting with the public employee committee as provided under subsection (a) to negotiate an agreement to determine how the authority and the committee will share the cost savings which result from the transfer of subscribers to the group insurance commission or the reduction in actuarial value. The parties shall negotiate over how the resulting cost savings shall be shared, which shall include savings for the political subdivision and for subscribers; provided however, that not less than 25 per cent of the total savings shall be returned to the political subdivision’s general operating budget; provided, further that not less than 25 per cent of the total savings realized shall be returned to the subscribers in the form of: premium reductions, premium contributions paid by the political subdivision, health reimbursement accounts, wellness programs, health care trust funds for emergency medical care or inpatient hospital care, Medicare Part B reimbursements or other qualified medical expenses, as determined through negotiation. If the appropriate public authority and public employee committee have not reached an agreement within 45 days after their first meeting, any unresolved issues shall be submitted to an arbitrator with expertise in municipal health benefits selected by the parties under the rules of the American Arbitration Association.

The form of arbitration shall be last best offer, issue by issue. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, production of books, records and other evidence relative to or pertinent to the issues. The cost of arbitration shall be shared equally by the appropriate public authority and the public employee committee. A person acting as an arbitrator under this section, shall not be required by any administrative, arbitration or non-criminal judicial tribunal to disclose any files, records, documents, notes or other papers or be required to testify with regard to any information obtained while functioning as an arbitrator under this subsection.

The arbitrator shall issue a decision not later than 45 days after the unresolved issues are submitted to the arbitrator. In reaching a decision, the arbitrator shall decide any issues not resolved by the parties, including how the remaining cost savings shall be shared, which shall include savings for the political subdivision and for subscribers. In reaching a decision, the arbitrator shall consider the political subdivision’s ability to pay, existing premium contribution ratios between the appropriate authority and the subscribers, intended use of savings by the political subdivision, any historical negotiations or concessions by retirees on benefits and the historical negotiations on benefits and salary including total compensation and all other evidence.

The arbitrator’s decision, if supported by material and substantive evidence on the whole record shall be, binding upon the parties, unless the decision of the arbitrator is rejected by the legislative branch of the municipality by a two-thirds vote within 30 days. If the political subdivision rejects the decision of the arbitrator, the political subdivision shall not implement any changes authorized under paragraph (4).

SECTION 71. Said chapter 32B is hereby amended by adding the following section:-

Section 21. Notwithstanding any other provisions of this chapter, a political subdivision which transfers its subscribers to the commission or reduces the actuarial value of the health care plans under subsection (j) of section 19 may provide health reimbursement accounts to reimburse subscribers for qualified medical expenses. Qualified medical expenses may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient copayments, calendar year deductibles, office visit copayments and prescription drug copayments.

SECTION 72. Section 19 of chapter 34B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “date”; in line 6, the following words:- ; provided, however, that this section shall not apply to Essex county or an entity managing the contributory retirement system formerly administered by Essex county unless explicitly noted otherwise.

SECTION 73. Said section 19 of said chapter 34B, as so appearing, is hereby further amended by inserting after the figure “32”, in line 14, the following words:- ; provided, however, that no employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided further, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; and provided further, that this paragraph shall apply only to individuals who first become members of a retirement board on or after January 1, 2011.

SECTION 74. Paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby amended by striking out clauses (1) to (4), inclusive, and inserting in place thereof the following 4 clauses:-

(1) The first member, who shall serve as chairman, shall be elected by the other 4 members and shall serve for a term of 6 years. If the first member is not chosen by the other 4 members within 30 days of the expiration of his term or if a vacancy occurs in the office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted, and specifically called for such election pursuant to paragraph (g) and shall serve for a term of 3 years.

(3) A third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from the service of the system from among their number in accordance with paragraph (h) and shall serve for a term of 3 years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member’s term or if a vacancy occurs in the office, the public employee retirement administration commission shall appoint the fifth member.

SECTION 75. Said paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby further amended by striking out clause (6).

SECTION 76. Said section 19 of said chapter 34B, as so appearing, is further hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:

(d) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system.

SECTION 77. Said Section 19 of said chapter 34B, as so appearing, is hereby further amended by striking out paragraph (k).

SECTION 78. Said chapter 34B is hereby amended by inserting after section 19 the following section:-

Section 19A. (a) The contributory retirement system for Essex county, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system and all business shall be transacted under this name.

(b) The contributory retirement system of Essex county shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. The board shall consist of 5 members as follows:

(1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex regional retirement system for a term of 3 years. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex regional retirement system. The member town, unit or district weighted vote shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, “chief executive or chief administrative officer” shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case it shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans’ services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, however, that in the case of the Essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted and specifically called for such election under subsection (g) and shall serve for a term of 3 years.

(3) The third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from service of the Essex county retirement system from among persons retired under the system in accordance with subsection (h) and shall serve for a term of 3 years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member’s term, or if a vacancy in the office occurs before the end of the term, the public employee retirement administration commission shall appoint the fifth member.

(5) Upon the expiration of the term of office of a member, or in the event of a vacancy, the member’s successor shall be elected for a term of 3 years or for the unexpired portion thereof, as the case may be.

(6) The members of the retirement board shall elect a chairman from among the members.

(c) The members of the Essex regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32.

(d) No person shall be both a member of the Essex regional retirement board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3. Should a sitting member of the board register as a legislative or executive agent, as so defined, the member’s seat shall be considered vacant.

(e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system.

(f) The retirement board may purchase or lease property, facilities and equipment and employ personnel necessary for the proper administration and transaction of business of the retirement system.

(g) The board of the regional retirement system and the chairman thereof shall respectively be and act as the board and treasurer-custodian of the system with respect to the employees of any town or district who become members of the system as provided for in paragraphs (b) or (c) of subdivision (3) or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members under corresponding provisions of law. The treasurer or other disbursing officer of any such town or district shall act as a liaison officer between the employees thereof and the board of the system.

(h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system. If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council. The members of the advisory council shall elect a chair from among the members. The council shall meet twice annually and at the call of the chair. The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivision (7) of section 22 of chapter 32. The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b).

(i) The Essex regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to a member in or retired from service so requesting and shall require that the nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for the nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least 5 active or retired members of the retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, an after investigation, the election board determines that a candidate has filed nomination papers containing less than 5 signatures as required, the election board shall declare the nomination papers invalid and shall notify the candidate of the determination. If, after an investigation, the election board determines that only 1 candidate has filed the requisite number of signatures, the election board shall declare the candidate to be the elected member of the county retirement board. If, after an investigation, the election board determines that more than 1 candidate has obtained the requisite number of valid signatures, the election board shall notify the candidates of the determination and shall immediately prepare election ballots and set the date for an election to be held within 40 days.

The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of 1 candidate, insert the ballot into a ballot envelope and the ballot envelope into the pre-stamped envelope, seal the pre-stamped envelope and mail the envelope to the election board in care of the Essex regional retirement board, within 20 days after they were mailed. An envelope postmarked later than 20 days after the mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates to be present at the tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect the envelopes. Any envelope which has been opened prior to that date or which has not been signed on the rear by the appropriate addressee shall be invalidated and shall not be used to determine the elected member. The election board shall assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from the envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid.

The election board shall notify each candidate in writing of the results of the election. All envelopes and ballots received by the election board, including those determined to be invalid, shall be preserved by the election board for 2 years. The costs incurred by the election board in administering the election shall be paid from the Essex regional retirement system administration fund.

(j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits and board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission, shall be borne by the employees and board members and the regional retirement system.

Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to employees and retirees through the Essex regional retirement system; provided, however, that the system is fully reimbursed, in the case of retirees, for the cost of the benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.

SECTION 79. Chapter 36 of the General Laws is hereby amended by striking out section 14, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:

Section 14. Each register shall keep a record, in book or electronic form, into which the register shall enter recording information for all instruments accepted for record, in the order in which they are recorded. Upon recording of an instrument, the following information shall be entered into the record: the day, hour and minute when the register assigns an instrument number, or book and page number, as the case may be; the instrument number, or book and page number, so assigned; the names of the grantors and grantees in the instrument; and the city or town in which the land lies.

No instrument received by the register shall be considered recorded until the register assigns to the instrument an instrument number, or book and page number, as the case may be.

Any change or correction made to the record shall be accessible to the public in the particular registry district in which the affected land lies. Such change or correction shall be maintained by the register as part of the record for public inspection during registry business hours at each office in the registry district. Any change or correction to the record shall document the nature and date of the change or correction..SECTION 80. Chapter 55 of the General Laws is hereby amended by inserting after section 18F the following section:--

Section 18G. An independent expenditure or electioneering communication which is transmitted through paid radio, television or Internet advertising shall include a statement disclosing the identity of the individual, corporation, group or association paying for the advertisement. If the independent expenditure or electioneering communication is a radio or television advertisement, the advertisement shall include a statement by the individual paying for the advertisement in which the person acknowledges that he paid for the message and his city or town of residence. If the radio or television advertisement is paid for by a corporation, group, association or a labor union, the following statement shall be made by the chief executive officer of the corporation, the chairman or principal officer of the group or association or the chief executive or business manager of a labor union: “I am _________________ (name) the ______________________ (office held) of _____________________ (name of corporation, group, association or labor union) and ______________ (name of corporation, group, association or labor union) approves and paid for this message. Such statements in television advertisements shall be conveyed by an unobscured, full-screen view of the person making the statement. If an independent expenditure or electioneering communication is transmitted through Internet advertising, the statement shall appear in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement.

Whoever violates this section shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $100,000, or both. SECTION 81. Paragraph (1) of subsection (g) of section 6 of chapter 62 of the General Laws, as appearing in section 21 of chapter 166 of the acts of 2009, is hereby amended by striking out the third sentence and inserting in place thereof the following 3 sentences:- If such property is disposed of or ceases to be in qualified use within the meaning of said section 31A of said chapter 63 or ceases to be used exclusively in a certified project before the end of the certified project’s certification period, or if a certified project’s certification is revoked, the recapture provisions of subsection (e) of said section 31A of said chapter 63 shall apply. If such property is disposed of after the certified project’s certification period but before the end of such property's useful life, the recapture provisions of said subsection (e) of said section 31A of said chapter 63 shall apply. The expiration of a certified project’s certification shall not require the application of the recapture provisions of said subsection (e) of said section 31A of said chapter 63. SECTION 82. Section 6J of said chapter 62, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words “6 year period beginning January 1, 2006, and ending December 31, 2011” and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.

SECTION 83. Section 17 of said chapter 62, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) A partner's distributive share of an item of income, loss, deduction or credit shall be determined by the partnership agreement, but the distributive share shall be determined in accordance with the partner’s interest in the partnership, determined by taking into account all facts and circumstances, if : (1) the allocation to a partner under the agreement of income, gain, loss, deduction or credit, or any item thereof, has no substantial economic effect; or (2) the partnership agreement does not provide as to the partner's distributive share of income, gain, loss, deduction or credit, or item thereof. The partner shall include the distributive share of income, loss, deduction or credit in the partner's return for the taxable year during which or with which the taxable year of the partnership ends. Except as the context otherwise requires and subject to rules or regulations that the commissioner may adopt, the determination of a partner's distributive share shall take into account rules and principles developed under the Code and any regulations promulgated thereunder, and adjusted as required or appropriate to properly reflect income and other tax items for Massachusetts tax purposes.SECTION 84. Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Building contractor" the following 2 definitions:-

“Administering agency head’, the agency head responsible for administering the applicable state tax credit program; provided, however, that for the brownfields tax credit and the film tax credit, the administering agency head shall be the commissioner; and provided further, that for the medical device tax credit, the administering agency head shall be the Massachusetts Life Sciences Center.

“Authorized tax credit’, a tax credit granted pursuant to a tax credit program.

SECTION 85. Said section 1 of said chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Tax" the following definition:-

“Tax credit program”, (i) the tax credit in subsection (j) of section 6 of chapter 62 and section 38Q of chapter 63; (ii) the dairy farmer tax credit in subsection (o) of said section 6 of said chapter 62 and the dairy farm tax credit in section 38Z of said chapter 63; (iii) the U.S.F.D.A. user fees credit in section 31M of said chapter 63 and subsection (n) of said section 6 of said chapter 62; (iv) the film tax credit in subsection (b) of section 38X of said chapter 63 and subsection (l) of said section 6 of said chapter 62; (v) the historic rehabilitation tax credit in section 38R of said chapter 63 and section 6J of said chapter 62; (vi) the life sciences investment tax credit in section 38U of said chapter 63 and subsection (m) of said section 6 of said chapter 62; (vii) the low-income housing tax credit in section 31H of said chapter 63 and section 6I of said chapter 62; (viii) the medical device tax credit in section 31L of said chapter 63 and section 6 1/2 of said chapter 62; (ix) the refundable research credit in subsection (j) of section 38M of said chapter 63; (x) the economic development incentive program in subsection (g) of said section 6 of said chapter 62 and section 38N of said chapter 63; and (xi) any transferrable or refundable credits under chapter 62 and 63 established after January 1, 2011.SECTION 86. Chapter 62C of the General Laws is hereby amended by inserting after section 24 the following section:-

Section 24A. (a) Members or indirect owners of a pass-through entity shall report items of income, expense or credit derived from the pass-through entity in a manner consistent with the reporting of the pass-through entity, except to the extent that a taxpayer member or indirect owner makes a declaration of inconsistency with its original return.

(b) The commissioner shall establish by regulation unified audit procedures. The commissioner may audit, in a unified proceeding, a pass-through entity 1 or more of whose members or indirect owners are subject to tax under chapters 62 or 63; provided, however, that nothing in this section shall limit the ability of the commissioner to audit or assess individual members or indirect owners with respect to items derived from a pass-through entity. The commissioner’s regulations shall establish the types of pass-through entities subject to unified audit proceedings which may include, but shall not be limited to partnerships and S corporations. The regulations shall also provide for the designation by the pass-through entity of a tax matters partner who shall have the authority to represent all the members or indirect owners in the unified proceeding, except to the extent that a member or indirect owner opts out of the unified proceeding as provided in subsection (d). The authority of the tax matters partner in a unified proceeding generally shall include, but not be limited to, the following: (1) receiving tax notices on behalf of participating members or indirect owners with respect to pass-through entity items; (2) entering into settlement agreements with the commissioner under section 37C on behalf of the participating members or indirect owners with regard to pass-through entity items; (3) filing applications for abatement under section 37 on behalf of the participating members or indirect owners with respect to pass-through entity items; and (4) filing appeals with the appellate tax board under section 39 on behalf of participating members or indirect owners in the case of a denial of an abatement by the commissioner, if the underlying abatement application relates to pass-through entity items. So far as practicable, the commissioner’s regulations shall be modeled on federal rules.

(c) The statute of limitations for the assessment of tax of a member or indirect owner with respect to a pass-through entity item for an entity's taxable year shall not expire before the latest of: (1) 3 years after the later of the date on which the entity's return for the taxable year was filed or the last day for filing the entity's return for that year, without extensions, or (2) an assessment period otherwise applicable to the taxpayer member or indirect owner. Subsections (d) and (h) of section 26 shall apply to returns filed by a pass-through entity. In the case of a unified proceeding, the tax matters partner or other person authorized by a pass-through entity may enter into a written agreement with the commissioner under section 27 to extend the statute of limitations for assessment with respect to items of the pass-through entity, in which case such agreement shall operate to extend the statute of limitation for assessment with respect to all members or indirect owners with respect to such items, including any members or indirect owners who may have opted out of the unified proceeding pursuant to subsection (d).

(d) Members or indirect owners of a pass-through entity may choose not to participate in a unified audit procedure by providing notice to the commissioner in such manner as the commissioner may require. Non-participating members or indirect owners shall retain all rights provided under this chapter with respect to determining and disputing tax related to pass-through entity items, provided however that the statute of limitations for assessment of tax to non-participating members or indirect owners with respect to items derived from a pass-through entity that is subject to a unified proceeding shall not expire before the end of the time period provided in subsection (c).

SECTION 87. Section 30 of said chapter 62C, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Any person or estate failing to comply with the first paragraph shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part.

SECTION 88. Section 30A of said chapter 62C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Any person failing to comply with subsection (a) shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part. SECTION 89. Section 31A of said chapter 62C is hereby amended by inserting after the figure "62B", in line 4, as so appearing, the following words:- , section 7D of chapter 64C.

SECTION 90. Section 32 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 62, the words "paragraph (a) of section 26, the ninetieth" and inserting in place thereof the following words:- subsection (a) of section 26, the sixtieth.

SECTION 91. The first paragraph of paragraph (3) of subsection (e) of said section 32 of said chapter 62C, as so appearing, is hereby amended by adding the following sentence:- For purposes of this paragraph, the date of a decision by the appellate tax board shall be determined without reference to any later issuance of finding of facts and report by the board or to any request for a finding of facts and report.

SECTION 92. Said chapter 62C is hereby further amended by inserting after section 32 the following section:-

Section 32A. (a) If an obligation from an installment transaction to which subsections (a) to (c), inclusive, of section 453A of the Code applies is outstanding as of the close of any taxable year, the tax imposed by chapter 62 or 63 for that taxable year shall be increased by the amount of interest equal to the product of the applicable percentage of the deferred tax liability determined under section 453A(c) of the Code, adjusted for Massachusetts differences, including use of the applicable tax rate under said chapter 62 or 63, as the case may be, multiplied by the underpayment rate in effect under subsection (a) of section 32 of this chapter.

(b) In the case of an installment obligation to which section 453(l)(2)(B) of the Code applies, the tax imposed by chapter 62 or 63 for any tax year in which payment on that obligation is received shall be increased by an amount of interest determined as follows: the amount of tax for that taxable year attributable to the payments on installment obligations to which this subsection applies shall be multiplied by the underpayment rate determined under subsection (a) of section 32 of this chapter in effect at the time of sale, which rate shall be applied for the period beginning on the date of sale and ending on the date that payment is received.

(c) The commissioner may issue rules or regulations analogous to those under sections 453A and 453 of the Code, adjusted to reflect Massachusetts differences or otherwise to take into account the tax laws of the commonwealth.

SECTION 93. Said chapter 62C is hereby further amended by adding the following section:-

Section 89. (a)(1) Annually, not later than May 15, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year only, which shall be a public record. For the purposes of the report, those receiving an authorized tax credit shall include an original grantee or an original contractor of a state award or a political subdivision; provided, however, that no information shall be used pertaining to credits, exemptions or deductions awarded or claimed before January 1, 2011.

(2) The report shall contain: (i) the identity of each taxpayer authorized by the administering agency head to receive a tax credit; (ii) the amount of total tax credit awards and issued tax credit for each taxpayer in each credit program; (iii) the number of jobs created as a result of the tax credit awards; and (iv) the following information relevant to the specific tax credit programs: (A) for the brownfields tax credit, an analysis of the impact of the brownfields tax credit program on the cleanup and development of contaminated properties; (B) for the dairy farmer tax credit, an analysis of the impact of the dairy farmer tax credit on preserving dairy farms and dairy farm employment including, but not limited to, an analysis of the dairy product output and the number and size in acreage of dairy farms receiving a dairy farm credit; (C) for the U.S.F.D.A. user fees credit, life sciences investment tax credit and the refundable research credit, an analysis of the impact of the program on preserving and increasing economic development and infrastructure for the calendar year; (D) for the film tax credit, an analysis of the impact of the film tax credit program on preserving or increasing film industry jobs and other benefits of the program; (E) for the historic rehabilitation tax credit, an analysis of the impact of the program on preserving historic structures and other benefits of the program including, but not limited to, the employment created for the calendar year; (F) for the low-income housing tax credit, an analysis of the impact of the program on preserving or increasing low-income housing and other benefits of the program including, but not limited to, the number of low-income housing units placed in service for the calendar year; and (G) for the medical device tax credit, an analysis of the impact of the medical device tax credit program on preserving or increasing medical device industry jobs and other benefits of the program.

(b)(1) Annually, not later than February 15, each taxpayer receiving an authorized tax credit from the administering agency head in the previous calendar year shall submit data reasonably determined by the secretary of administration and finance to be relevant to analyzing the effectiveness of the tax credit program, including the number of jobs created as a result of the tax credit awards.

(2) Annually, not later than May 15 or by such other date as the secretary determines to be practicable, the administering agency head shall submit to the commissioner, in a form prescribed by the commissioner, copies of any data and analysis required by paragraph (1), with the report required by subsection (a). The commissioner shall provide this information on a government internet website for public disclosure. Data on the number of jobs created shall indicate the number of jobs produced by each tax credit program but shall not disclose confidential, company-specific employment data.

SECTION 94. The third paragraph of subsection (a) of section 38N of chapter 63 of the General Laws, as appearing in section 23 of said chapter 166, is hereby amended by striking out the last sentence and inserting in place thereof the following sentences:- If such property is disposed of or ceases to be in qualified use within the meaning of said section 31A of said chapter 63 or ceases to be used exclusively in a certified project before the end of the certified project’s certification period, or if a certified project’s certification is revoked, the recapture provisions of subsection (e) of said section 31A of said chapter 63 shall apply. If such property is disposed of after the certified project’s certification period but before the end of such property's useful life, the recapture provisions of subsection (e) of said section 31A of said chapter 63 shall apply. The expiration of a certified project’s certification shall not require the application of the recapture provisions of said subsection (e) of said section 31A of said chapter 63.SECTION 95. Section 38R of said chapter 63, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 35 and 36, the words “6 year period beginning January 1, 2006, and ending December 31, 2011” and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.

SECTION 96. Chapter 64C of the General Laws is hereby amended by inserting after section 7C the following section:-

Section 7D. A person who fails to pay to the commissioner any sum required by this chapter to be paid shall be personally and individually liable therefor to the commonwealth. For the purposes of this section, "person," shall include, but not be limited to, an officer or employee of a corporation, or a member or employee of a partnership or limited liability company who, as such officer, employee or member, is under a duty to pay over the taxes imposed by this chapter.

SECTION 97. Section 47A of chapter 71 of the General Laws, as appearing in the 2008 Official Edition is hereby amended by adding the following sentence:- All coaches shall have a current certification in cardiopulmonary resuscitation from the American Red Cross, American Heart Association or other agency approved by the department of public health; provided, however, this requirement shall not apply to coaches who are physically disabled.SECTION 98. Subsection (h) of section 89 of said chapter 71, as appearing in section 7 of chapter 12 of the acts of 2010, is hereby amended by adding the following paragraph:-

Within 30 days after approval of a new commonwealth charter school, the board shall issue a written confirmation that the school meets all requirements set out in subsections (b), (e) and (f) and any regulations promulgated thereunder and a summary of the reasons therefor.

SECTION 99. Subsection (l) of said section 89 of said chapter 71, as so appearing, is hereby amended by adding the following sentence:- Charter schools shall not solicit applications for enrollment by offering money or gifts of any monetary value as an incentive for application.

SECTION 100. Said section 89 of said chapter 71, as so appearing, is hereby further amended by striking out subsection (ff) and inserting in place thereof the following subsection: -

(ff) Commonwealth charter schools shall be funded under this subsection. The commonwealth shall pay a tuition amount to the charter school, which shall be the sum of the tuition amounts calculated separately for each district sending students to the charter school. Tuition amounts for each sending district shall be calculated by the department using the formula set forth herein to reflect, as much as practicable, the actual per pupil spending amount that would be expended in the district if the students attended the district schools. The tuition amount shall be calculated separately for each district sending students to a charter school and for each charter school to which a district sends students. Each district’s per pupil tuition amount for each charter school to which it sends students shall include a per pupil foundation budget component, adjusted to reflect the actual net school spending in the sending district.

In calculating the per pupil foundation budget component, the department shall calculate a foundation budget for the students from each sending district attending the charter school in the previous fiscal year, pursuant to section 2 of chapter 70; provided, however, that the department shall not include in the calculation the assumed tuitioned-out special education enrollment, as defined in said section 2 of said chapter 70, or any amounts generated by the assumed enrollment. The per pupil foundation budget component for the charter school shall be the district’s foundation budget, as so calculated, divided by the number of students attending the charter school from the sending district in the previous fiscal year. The per pupil foundation budget component shall be calculated separately for each charter school to which a district sends students. The foundation budget for a charter school shall be the sum of the foundation budgets for the charter school for each district sending students to the charter school.

In adjusting the per pupil foundation budget component, the department shall calculate for each sending district an above foundation spending percentage, which shall be the percentage by which the district’s actual net school spending exceeds the foundation budget for the district, as calculated under chapter 70. The department shall further calculate the percentage of actual net school spending reported by the sending district associated with tuition costs for tuitioned-out special education students, including education that occurs in educational collaboratives, and with spending on health care costs for retired employees, for any district for which such costs are included in net school spending and shall reduce the district’s above foundation spending percentage proportionately. The per pupil foundation budget component for each charter school to which the sending district sends students shall be increased by the adjusted above foundation spending percentage. In a fiscal year in which a school district’s chapter 70 aid is reduced during the course of the fiscal year, under authorization by the general court pursuant to sections 9B and 9C of chapter 29 and the reduction lowers the above foundation percentage, the department shall adjust the total tuition amount proportionately, in a manner consistent with this section and shall notify the affected sending district and charter school of any reductions.

The total tuition amount owed to a charter school shall be the per pupil tuition amount as defined in this section, multiplied by the total number of students attending the charter school from that district in the current fiscal year. The amount shall be composed of district-sponsored tuition and state-sponsored tuition. The district-sponsored tuition shall be the total tuition amount owed to the charter school on behalf of district students for the previous fiscal year; provided, however, that in the event of a charter school closing or eliminating grade levels, a school district shall retain chapter 70 allotments for the students who attended those grade levels in the previous year. The state-sponsored tuition shall be the positive difference, if any, between the total tuition amount for the current fiscal year and the district-sponsored tuition amount. The sending district’s total charter school tuition amount for purposes of the following paragraphs shall be the sum of the district-sponsored tuition amounts for each charter school to which the district sends students, calculated using this section. The receiving charter school’s total charter school tuition amount shall be the sum of the tuition amounts calculated for the charter school for each district sending students to the charter school. The total state-sponsored charter school tuition amount for a receiving charter school shall be provided directly to the charter school by the commonwealth as part of section 3 of chapter 70 and the distribution of the general appropriation act for a fiscal year or any successor method of determining local aid distributions; provided, however, that the total state-sponsored charter school tuition shall not be reduced at a percentage greater than any reduction to chapter 70 aid. The amounts appearing in section 3 of the general appropriation act shall be the state-sponsored tuition amounts; provided, however, that upon calculation of final state-sponsored tuition amounts for the current fiscal year, the department shall adjust state-sponsored tuition amounts based on the calculations for affected charter schools.

The state treasurer shall deduct a sending district’s total charter school tuition amount, as calculated herein, from the total state school aid, as defined in section 2 of chapter 70, of the district in which the student resides before the distribution of the aid. In the case of a child residing in a municipality which belongs to a regional school district, the sending district’s total charter school tuition amount shall be deducted from the chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of the education aid, the excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all the deductions exceeds the total state aid appropriated, the commonwealth shall appropriate the excess amount; provided, however, that if the district has exempted itself from chapter 70 by accepting section 14 of said chapter 70, the commonwealth shall assess the district for the excess amount.

The state treasurer shall disburse to the charter school an amount equal to the charter school’s total charter school tuition amount as defined in this section.

If more than 1 charter school is managed by a single network or board of trustees, funding shall not be transferred among individual schools within the network unless such schools are located in the same school district.

The department shall, subject to appropriation, provide funding to charter schools for a portion of the per pupil capital needs component included in the charter school tuition amount for the construction, renovation, purchase, acquisition or improvement of school buildings and land. In fiscal year 2011 and thereafter, the funding shall be the per pupil amount provided in fiscal year 2010, increased or decreased by the foundation inflation index, as defined in section 2 of chapter 70.

SECTION 101. Said section 89 of chapter 71, as so appearing is hereby further amended by striking out subsection (mm) and inserting in place thereof the following subsection:-

“(mm) The board shall promulgate regulations for implementation and enforcement of this section. The board shall also develop procedures and guidelines for the waiver of any regulations implementing this section; provided, however, that no waivers shall be issued except at the written request of the charter applicant or at the written request of the board itself, both of which shall only be for exceptional circumstances. A waiver shall granted only apon a 2/3 vote of the board and shall be accompanied by a written explanation of the reasons therefor.SECTION 102: Subsection (b) of section 91 of said chapter 71, as appearing in section 65 of chapter 27 of the acts of 2009, is hereby amended by striking out the words “chapter 70 per pupil allotment” and inserting in place thereof the following words:- foundation budget per pupil:.

SECTION 103. Chapter 71B of the General Laws is hereby amended by inserting after section 2 the following 2 sections:-

Section 2A. (a) There shall be a bureau of special education appeals which shall provide adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between and among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation, education program or educational placement of a child with a disability or the provision of a free and appropriate public education to the child arising under this chapter and regulations promulgated hereunder or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student’s rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division of administrative law appeals. The methods of alternative dispute resolution that may be provided by the bureau of special education appeals shall include those conducted by hearing officers including, without limitation, settlement conferences and advisory opinion procedures, to facilitate efficient resolution of disputes for which a hearing has been requested before the bureau of special education appeals. The bureau shall be maintained and operated as a separate subdivision of the division of administrative law appeals and shall be independent of the department of elementary and secondary education. The division of administrative law appeals shall provide the following administrative support functions to the bureau on an integrated basis with the same administrative support functions of the division to the extent agreed upon in, and paid for pursuant to, the memoranda of understanding entered into under subsection (d): personnel administration; finance; facility operations; technology support; and clerical support.

The bureau shall be administered by a full-time director of special education appeals, who shall be appointed by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education, and who shall report to the chief administrative magistrate. The director of special education appeals shall have operational authority over the bureau and all hearing officers and mediators, except as otherwise provided in this section. The chief administrative magistrate shall supervise the director. The director shall be an attorney with extensive knowledge and experience in the areas of litigation, administrative law and special education law. Before hiring a director, the chief administrative magistrate shall provide a reasonable opportunity for an interview committee consisting of not more than 5 of the bureau’s hearing officers and mediators to interview finalists for the position and provide feedback to the chief administrative magistrate on such finalists. The chief administrative magistrate, hearing officers and mediators shall ensure that the names of all candidates are kept confidential.

The chief administrative magistrate and director shall ensure that the bureau and its hearing officers and mediators comply with the minimum standards established under laws, regulations and division policies as provided herein. The chief administrative magistrate and director shall have all powers necessary and proper for carrying out these responsibilities. Any decision to terminate the employment of the director shall be made by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education. The chief administrative magistrate and the director shall meet regularly to review the management and administration of the bureau, including compliance with federal timelines, quality standards, personnel and issues that arise with respect to the matters covered in the memorandum of understanding entered into pursuant to said subsection (d).

The department of elementary and secondary education shall retain responsibility for general supervision of the bureau as specified in and consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. sections 1400 et seq. and shall ensure compliance of the dispute resolution system with the federal act. The department shall perform all oversight necessary for carrying out these responsibilities. The department of elementary and secondary education may request and shall receive periodic reports necessary to respond to the reporting requirements regarding hearings and mediations of the federal act.

The board of elementary and secondary education may issue regulations establishing minimum standards for the dispute resolution system for special education, including minimum standards for the qualifications, competence and impartiality of hearing officers and mediators, and such other standards and requirements as necessary to ensure compliance with all applicable federal laws and regulations and quality standards. The director of special education appeals, in consultation with the chief administrative magistrate, may issue such rules and procedures as are necessary to carry out the bureau’s functions; provided, however, that the director shall consult with the commissioner prior to the issuance of any such rules and procedures; and provided further, that all rules and procedures shall be consistent with applicable statutes, the board’s regulations and the division of administrative law appeal’s policies.

(b) The division of administrative law appeals shall protect the confidentiality of any personally identifiable data, information and records collected or maintained by the bureau consistent with the federal Individuals with Disabilities Education Act and other applicable state and federal laws and regulations.

(c) Hearing officers shall be hired by the director under the direction and supervision of the chief administrative magistrate. Hearing officers shall be knowledgeable and experienced attorneys who meet the qualifications and criteria set forth in 34 C.F.R. Section 300.511(c) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and the board of elementary and secondary education regulations. Mediators shall be hired by the director under the direction and supervision of the chief administrative magistrate. Mediators shall be knowledgeable and skilled and meet the qualifications and criteria set forth in 34 C.F.R. Section 300.506(b) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and board regulations. Those employees shall work exclusively on matters within the bureau’s jurisdiction. The director shall not assign matters subject to the jurisdiction of the bureau to non-bureau hearing officers or other employees of the division; provided, however, that the director may, on a temporary basis, assign matters to hearing officers or mediators outside the bureau if necessary due to temporary caseload increases or temporary absences of bureau staff; provided further, that any such outside hearing officer or mediator shall meet the same standards and qualifications as required for bureau staff and shall only be assigned special education cases for the duration of such temporary assignment; provided further, that such temporary assignment shall not be for more than 6 months and the director shall make every effort to hire additional hearing officers and mediators if necessary to avoid assignment of matters to hearing officers or mediators outside the bureau; and provided further, that any such temporary assignments shall be reported to the bureau of special education appeals advisory council at least every 6 months.

(d) The commissioner of elementary and secondary education and the chief administrative magistrate of the division of administrative law appeals shall enter into a memorandum of understanding which may be amended from time to time. The director of special education appeals shall participate in the negotiations with regard to the memorandum and the commissioner and the chief administrative magistrate shall consider and make all reasonable efforts to incorporate the director’s views in entering into the memorandum. The memorandum shall include, but not be limited to: the budget and staffing for the bureau; the range of dispute resolution options that the bureau will offer, including protocols and procedures to encourage prehearing dispute resolution; the allocation of the division’s administrative support costs; the transfer of books, papers, records, documents and equipment from the department to the division; the transfer of outstanding contracts and obligations related to the bureau’s activities from the department to the division; and the establishment of performance standards and measures for the bureau’s activities. The department shall annually enter into an interagency service agreement with the division whereby the department shall provide funding for the bureau’s operations as set forth in section 4H of chapter 7 and the memorandum.

(e) There shall be a bureau of special education appeals advisory council to consist of 1 person to be appointed by the speaker of the house of representatives and 1 person to be appointed by the president of the senate who shall act as co-chairs; 1 person designated by the Massachusetts Association of School Superintendents; 1 person designated by the Massachusetts Association of School Committees; 1 person designated by the Massachusetts Association of Special Educators; 1 person designated by the Federation for Children with Special Needs; 1 person designated by the Disability Law Center; and 1 person designated by the Massachusetts Advocates for Children. Pursuant to the department’s responsibilities for the general supervision of the bureau, the commissioner of elementary and secondary education or his designee shall participate in meetings of the council. The council’s duties shall include, but not be limited to, providing advice and feedback to the chief administrative magistrate of the division of administrative law appeals, the director of special education appeals and the commissioner of elementary and secondary education with respect to the bureau’s performance in providing for the fair and timely resolution of disputes under federal and state laws governing special education, matters related to the memorandum of understanding entered into by the chief administrative magistrate and the commissioner with the input of the director, compliance data, the range and types of alternative dispute resolution mechanisms, mechanisms and resources for providing trainings, hearing and mediation data, mechanisms for improving access for pro se parents and outreach to families who are non-English speaking and mechanisms to ensure that the bureau is appropriately maintained and operated both as a separate subdivision of the division and independent of the department.

SECTION 104. Section 3 of said chapter 71B is hereby amended by inserting after the word “hearings”, in line 218, as appearing in the 2008 Official Edition, the following words:- through the bureau of special education appeals.SECTION 105. Said section 3 of said chapter 71B, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, when a placement decision for students with special needs is modified through an assessment by the department of children and families and results in a student being moved from a program that was of no cost to the district to a program for which the district would be responsible for a portion of the students’ tuition, the department of children and families shall meet with the school district before any change in the placement of the student. This meeting shall include at least 1 member of the individual education plan team and 1 representative from the district and shall determine whether the current placement meets the special needs of the student.

SECTION 106. Chapter 75 of the General Laws is hereby amended by inserting after section 8 the following section:-

Section 8A. (a) This section shall apply to the university only if the board of trustees has approved by a majority vote acceptance of this section.

(b) The board of trustees shall, for each academic year beginning on or after July 1, 2011, fix and establish student charges for the university. In-state tuition and mandatory student charges shall preserve affordability for residents of the commonwealth. Out-of-state student charges shall appropriately balance the financial needs of the university with the need to be competitive with peer institutions regionally. In establishing student charges the board shall consider factors including, but not limited to, the following: actual appropriations received; the Consumer Price Index; the Higher Education Price Index; tuition and fee rates at peer institutions; collective bargaining costs; funding from the commonwealth measured with reference to the funding formula established pursuant to section 15B; and making progress toward ensuring that fees constitute no more than 25 per cent of student charges. To the extent practicable, final student charges shall be established for each academic year not later than March 1 of the calendar year in which the rates shall take effect.

For the purposes of this section, “student charges” shall mean tuition and fees that are charged to students generally for attendance at the university, but shall not include any fee or other charge established by the university that is specific to a particular course, program or activity, and shall not include any charges for room or board.

(c) Beginning with the 2011-2012 academic year, the university shall submit a student charges plan to the board of higher education for the board’s information consistent with this section. The plan shall contain the annual student charges the university expects to approve for the university’s state-supported programs, under the process in subsection (b), for a period of not less than 5 academic years, which shall be the period of the plan. The plan also shall include but not be limited to budget and enrollment projections for each year, projections for in-state and out-of-state enrollments for each year, consideration of the mission of each university campus, and plans to ensure continuing access to the institution by residents of the commonwealth and to maintain and increase access for underrepresented student groups. A copy of the plan shall be provided to the joint committee on higher education, the house and senate committees on ways and means, and the secretary of education at the time the plan is submitted to the board of higher education. Notwithstanding the university’s obligation to update the plan every 5 years, the university may from time to time provide a modified plan, under the process provided in subsection (b). If the board of trustees determine that a modification of the 5-year plan is necessary, the trustees shall submit the modified plan to the board of higher education, the joint committee on higher education, the house and senate committees on ways and means, and the secretary of education for their information, with an explanation for the rationale behind any modifications.

(d) All student charges received by the board of trustees under this section shall be retained by the university in a revolving trust fund or funds and shall be expended as the board of trustees may direct for the operation and support of the institution. Any balance in a trust fund at the end of a fiscal year shall continue to be held in the trust fund, shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. All such trust funds shall be subject to audit by the state auditor. SECTION 107. Section 44 of said chapter 75, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 5, the word “shall” and inserting in place thereof the following word:- may. SECTION 108. Section 19C of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out clause (2).

SECTION 109. The first paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- If the owner is a corporation or business entity, the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole proprietorship and does not have a federal tax identification number. If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, license number or identification card number issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar. The registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons.” SECTION 110. Said section 2 of said chapter 90 is hereby further amended by inserting after the word “statement”, in line 13, as so appearing, the following word:- signed. SECTION 111. Said section 2 of said chapter 90 is hereby further amended by striking out, in lines 21 to 23, inclusive, as so appearing, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following:- keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer. SECTION 112. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in line 10, the words “of not less than $100 nor more than $1000” and inserting in place thereof the following: by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 30 days, or both such fine and imprisonment, for a third or subsequent offense. SECTION 113. Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or knowingly assists another to do so, shall be punished as follows: (i) for acts involving 1 to 5 documents, by a fine of not more than $500 dollars or by imprisonment in the house of correction for not more than 1 year; (ii) for acts involving 6 to 10 documents, by a fine of not more than $1,000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or house of correction for not more than 2 1/2 years; for acts involving more than 10 documents, by a fine of not more than $10,000 dollars or by imprisonment in the state prison for not more than 15 years.

SECTION 114. Said section 24B of said chapter 90, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-

Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate a motor vehicle or an identification card issued under section 8E with the intent to distribute the learner’s permit, license to operate a motor vehicle or identification card, or knowingly assists another to do so, shall be punished as follows:

For the above acts involving 1 to 5 documents, by a fine of not more than $500 dollars or by imprisonment in the house of correction for not more than 1 year.

For acts involving 6 to 10 documents, by a fine of not more than $1000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or house of correction for not more than 2 1/2 years.

For acts involving more than 10 documents, by a fine of not more than $10,000 dollars or by imprisonment in the state prison for not more than 15 years.

SECTION 115. The third paragraph of section 34B of said chapter 90, as so appearing, is hereby amended by adding the following 3 sentences: - Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card or license shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500 for a first offense or by a fine of not more than $1,000 or imprisonment for not more than 3 months, or both such fine and imprisonment for a second or subsequent offense. Any person who makes, sells or distributes a false identification card shall be guilty of a felony and shall be punished by a fine of not more than $5,000 or imprisonment for not more than 5 years, or both such fine and imprisonment.SECTION 116. Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws is hereby amended by striking out the first paragraph, as amended by section 73 of chapter 27 of the acts of 2009, and inserting in place thereof the following paragraph:-

(4) A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation, together with a $25.00 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25.00 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue.SECTION 117. Chapter 91 of the General Laws is hereby amended by inserting after section 18B the following section:-

Section 18C. (a) Notwithstanding any general or special law to the contrary, the department may issue a general license authorizing small-scale docks, piers and similar structures, as defined by the department by regulation, in tidelands, great ponds, rivers and streams subject to individual licensing requirements pursuant to sections 12, 12A, 13, 14, 18 and 19. This section shall not apply to the issuance of licenses by the department for commercial marinas or large-scale docks, piers or similar structures.

(b) Prior to commencing construction pursuant to a general license authorized under this section, a project proponent shall certify to the department that the project will comply with the terms and conditions of the general license and shall pay to the department all applicable fees required under this chapter.

(c) The following shall not apply to a general license issued under this section but, where applicable, shall apply to the certification mandated in subsection (b):

(1) the first 2 paragraphs of section 18, which shall not apply to projects subject to a general license, except that the project proponent shall submit to the planning board of the city or town where the work is to be performed the proposed use and the location, dimensions and limits and mode of work to be performed, prior to its certification to the department;

(2) the first sentence of the third paragraph of said section 18, which shall not apply to projects subject to a general license, except that the project proponent shall specify, by metes, bounds and otherwise, the location, dimensions, and limits and mode of performing the work in its certification to the department;

(3) the second sentence of the third paragraph of said section 18, which shall not apply to projects subject to a general license, except that any changes in use or structural alteration of a licensed structure or fill, whether the structure or fill was licensed before or after the effective date of this section, shall require a new certification for projects eligible for certification or a license for structures which are ineligible for the general license, in accordance with this chapter and the general license;

(4) The sixth paragraph of said section 18, which shall not apply to projects subject to a general license, except that prior to certification, notice shall be provided by the project proponent to the selectmen and conservation commission of the town or the mayor and conservation commission of the city wherein the work is to be performed and published at the same time in a newspaper having a circulation in the area affected by the project at the expense of the proponent;

(5) the seventh and eighth paragraphs of said section 18 regarding public and adjudicatory hearings, which shall not apply to projects subject to a general license;

(6) the ninth paragraph of said section 18 regarding recordation, which shall not apply to projects subject to a general license, except that the project proponent shall submit a plan of the work or structure to the department in its certification; provided, however, that a general license shall be void unless, within 60 days after certification, the certification and the accompanying plan are recorded in the registry of deeds for the county or district wherein the work is to be performed; and provided further, that work or change in use shall not commence until the certification is recorded and the department has received notice of the recording;

(7) the tenth paragraph of said section 18 regarding zoning approval, which shall not apply to projects subject to a general license, except that the project proponent shall submit a certification by the clerk of the affected cities or towns with its certification to the department that the work to be performed or changed in use is not in violation of local zoning ordinances and by-laws;

(8) the eleventh paragraph of said section 18 regarding assessments for tidewater displacement and occupation of commonwealth tidelands, which shall not apply to projects subject to a general license, except that those assessments shall be paid by the project proponent with its certification to the department; and

(9) section 20, which shall not apply to projects subject to a general license, except that the project proponent shall submit plans of any proposed work to be performed and a copy of any legislative grants in its certification to the department.

(d) The department shall promulgate regulations to carry out this section which shall include, but not be limited to, the scope of a general license and the performance standards that a project proponent seeking a general license under this section shall satisfy before the department issues a general license. The regulations shall protect the public rights in tidelands in accordance with this chapter.

SECTION 118. Section 2 of chapter 92B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth and fifth paragraphs and inserting in place thereof the following 2 paragraphs:-

The corporation shall be governed and its corporate powers exercised by the board, which shall consist of 30 members appointed in the following manner: 2 members shall be appointed by the governor and serve at the governor’s pleasure; 1 member shall be appointed by the mayor of Boston and serve at the mayor’s pleasure; and 27 members shall be appointed by the board.

Each board member shall serve for 4 years. Members shall be eligible for reappointment. Any person appointed to fill a vacancy shall serve for the remainder of the term. Any member may be removed by the board for just cause. All members of the board shall exercise full and equal voting privileges.

SECTION 119. Said section 2 of said chapter 92B, as so appearing, is hereby further amended by striking out, in line 34, the words “Seven board members” and inserting in place thereof the following words:- Half of the board members serving at any time.

SECTION 120. Said section 2 of said chapter 92B, as so appearing, is hereby further amended by striking out, in line 42, the words: “once a month” and inserting in place thereof the following words:- 6 times a year.

SECTION 121. The seventh paragraph of said section 2 of said chapter 92B, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The board shall elect the chairperson of the board.

SECTION 122. Section 5 of said chapter 92B, as so appearing, is hereby amended by striking out, in lines 9 to 11, inclusive, the words “; provided, however, that the disposal of any property shall be subject to the approval of the executive director”.

SECTION 123. Said section 5 of said chapter 92B, as so appearing, is hereby further amended by striking out, in line 57, the words “the written concurrence of the director” and inserting in place thereof the following words:- written notice to the director of the Massachusetts office of travel and tourism.

SECTION 124. Clause (b) of section 6 of said chapter 92B, as so appearing, is hereby amended by striking out the second sentence.

SECTION 125. Section 9 of said chapter 92B, as so appearing, is hereby amended by striking out, in line 4, the words “consult with” and inserting in place thereof the following word:- inform.

SECTION 126. Section 11 of said chapter 92B, as so appearing, is hereby amended by striking out the first sentence and inserting in place there of the following sentence:- The zoos shall continue to be known as the Franklin Park Zoo and the Walter D. Stone Memorial Zoo but the corporation may offer sponsor “naming rights” to a zoo or to an exhibit therein and may add a sponsor name to the existing name of a zoo or to an exhibit therein.SECTION 127. Chapter 94 of the General Laws is hereby amended by striking out section 295D, as so appearing, and inserting in place thereof the following section:-

Section 295D. Any advertisement of motor fuel other than those required in section 295C shall display the total price including taxes.

SECTION 128. Subsection (b) of section 9 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following paragraph:--

This section shall not be construed to prohibit a physician or an optometrist from the in-office dispensing and sale of therapeutic contact lenses if the medication contained in such lenses is within such profession’s designated scope of practice. For purposes of this section, “therapeutic contact lenses” means contact lenses which contain 1 or more medications and which deliver such medication to the eye.SECTION 129. Section 31 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 85, the word “Hydrochloride”.SECTION 130. Section 5K of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 67, the figure “90,000” and inserting in place thereof the following figure:- $180,000.

SECTION 131. Section 24L of said chapter 111, as so appearing, is hereby amended by striking out, in lines 13 and 14, the words “developed by the department of public health” and inserting in place thereof the following words:- administered by the hospital or birth center.

SECTION 132. Said chapter 111 is hereby further amended by inserting after 24L the following section:-

Section 24M. The department of public health shall establish, maintain and operate a computerized immunization registry. The immunization registry shall record immunizations and immunization history with identifying information and shall include appropriate controls to protect the security of the system and the privacy of the information.

The department shall promulgate rules and regulations to implement the immunization registry.

Licensed health care providers administering vaccinations shall discuss the reporting procedures of the immunization registry with the persons receiving the vaccinations and their parents or guardians, when appropriate, and offer them the right to object to the disclosure of such information as set forth in this section.

Notwithstanding any restrictions set forth in chapter 46 and section 24B of chapter 111, upon receipt of an initial birth record for a newborn, the state registrar of vital statistics shall transmit to the immunization registry the information regarding immunizations administered to a newborn and such other information transmitted with the birth record that the department determines to be the minimum necessary for the effective operation of the registry.

All licensed health care providers practicing who administer immunizations shall report to the immunization registry such data related to immunizations as the department determines is necessary for disease prevention and control.

Immunization information shall only be released from the immunization registry to the following individuals and agencies without further express consent of the individual or the individual’s parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) elementary and secondary school nurses and registration officials who require proof of immunization for school enrollment and disease control; (3) local boards of health for disease prevention and control; (4) Women Infants and Children, or WIC, nutrition program staff who administer WIC benefits to eligible infants and children; (5) staff of state agencies or state programs whose duties include education and outreach related to the improvement of immunization coverage rates among their clients.

The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the immunization registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.

Persons authorized by the commissioner may conduct research studies pursuant to section 24A; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.

The department may enter into collaborative agreements with registries of other states and exchange individual or group information provided that maximum protections are afforded the confidentiality of citizens of the commonwealth in accordance with state law.

Information contained in the immunization registry shall be confidential, shall not constitute a public record and shall not otherwise be disclosed except in accordance with this section. Such confidential information shall not be subject to subpoena or court order, and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.

The department shall establish procedures that allow for an individual or, if the individual is a minor, then the individual’s parent or guardian to amend incorrect information in the immunization registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual’s information.SECTION 133. Section 150A of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by striking out the fifth paragraph.

SECTION 134. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 71, the words “thirty days of the receipt of the department’s report” and inserting in place thereof the following words:- 60 days of receipt of said application.

SECTION 135. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 79, the words “department report” and inserting in place thereof the following words:- the local board of health.

SECTION 136. Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out the tenth and eleventh paragraphs and inserting in place thereof the following 2 paragraphs:-

No facility, except a refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department, shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the department and the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. A refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department shall not be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the board of health in the city or town in which the facility is located and such board of health has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. Within 120 after the department or board of health, as appropriate, has determined that the operating plans, specifications and reports are complete, the department or board of health, as appropriate, shall make a decision granting or refusing to grant such permit. The permit, whether issued by the department or board of health, may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.

A decision by the department or a board of health, as appropriate, granting or refusing to grant a permit shall be in writing and shall contain findings with regard to criteria established by the department. A person aggrieved by the action of the department in granting or refusing to grant such permit, may appeal that decision pursuant to section 14 of chapter 30A. For the limited purposes of that appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding. A person aggrieved by the decision of a local board of health in granting or refusing to grant a permit for a refuse transfer station may, within 30 days after the publication of notice of such decision, appeal under said section 14 of said chapter 30A. For the limited purposes of that appeal, the board of health shall be deemed to be a state agency under said chapter 30A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding.

SECTION 137. Said chapter 111 is hereby further amended by inserting after section 121A the following section:–

Section 121B. Notwithstanding any general or special law to the contrary, the department, in consultation with the board of registration in medicine, shall promulgate regulations authorizing a physician, physician assistant, nurse practitioner or certified nurse midwife who is authorized under chapter 94C to prescribe and dispense prescription drugs and who diagnoses infection due to Chlamydia trachomatis in an individual patient, to prescribe and dispense such prescription drugs to the patient’s sexual partners for the presumptive treatment of Chlamydia infection without an examination of the patient’s sexual partners. The department shall develop standardized educational brochures for those providers to distribute in conjunction with a prescription to a non-examined patient which shall include, but not be limited to, relevant allergy and educational information concerning the medication, the proper use of the medication and the contagious nature of the infection if left untreated.

SECTION 138. Chapter 111C of the General Laws is hereby amended by adding the following section:-

Section 25. When a Class I, II, or V ambulance transports a patient receiving care at the Paramedic level of advanced life support, the ambulance shall be staffed in accordance with regulations promulgated by the department with at least 2 emergency medical technicians, 1 of whom shall be certified at the EMT-paramedic level.SECTION 139. Section 9A of chapter 118E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:-

(17) Children who are deemed eligible for medical benefits pursuant to clauses (a) to (c), inclusive, of subsection (2) shall continue to be eligible for assistance for a period not to exceed 12 months or until the child’s annual eligibility review determines that the child is no longer eligible for assistance, whichever first occurs, if the child would otherwise be determined ineligible due to excess countable income but otherwise remains eligible.SECTION 140. Chapter 112 of the General Laws is hereby amended by inserting after section 12CC the following section:-

Section 12DD. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Long-term antibiotic therapy” the administration of oral, intramuscular or intravenous antibiotics singly or in combination, for periods of time in excess of 4 weeks.

“Lyme disease” the clinical diagnosis of a patient by a physician licensed under section 2 of chapter 112 of the presence of signs or symptoms compatible with acute infection with Borrelia burgdorferi; late stage, persistent or chronic infection with Borrelia burgdorferi; complications related to such infection or with such other strains of Borrelia that become identified or recognized by the National Centers for Disease Control and Prevention as a cause of Lyme disease; provided, however, that “Lyme disease” shall also include an infection that meets the surveillance criteria set forth by the National Centers for Disease Control and Prevention, and a clinical diagnosis of Lyme disease that does not meet the National Centers for Disease Control and Prevention surveillance criteria but presents other acute and chronic signs or symptoms of Lyme disease as determined by the treating physician; and provided further, that clinical diagnosis shall be based on knowledge obtained through medical history and physical examination only, or in conjunction with testing that provides supportive data for such clinical diagnosis.

(b) A licensed physician may prescribe, administer or dispense long-term antibiotic therapy for a therapeutic purpose to eliminate infection or to control a patient’s symptoms upon making a clinical diagnosis that the patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme disease, if such clinical diagnosis and treatment are documented in the patient’s medical record by the prescribing licensed physician.

SECTION 141. Section 66B of said chapter 112, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:--

This section shall not be construed to prohibit an optometrist from the in-office dispensing and sale of therapeutic contact lenses if the medication contained in such lenses is within such optometrist’s designated scope of practice. For purposes of this section, “therapeutic contact lenses” means contact lenses which contain 1 or more medications and which deliver such medication to the eye.SECTION 142 . Chapter 117A of the General Laws is hereby amended by striking out sections 9 and 10, as appearing in the 2008 Official Edition, and inserting in place thereof the following 2 sections:-

Section 9. The department shall provide for the decent final disposition of all deceased persons who are at the time of death recipients of aid or assistance under this chapter, all deceased persons who, although without means of support at the time of death, did not apply for such aid or assistance and all unknown persons found dead. The expense thereof may be recovered of their kindred, if any, chargeable by law for their support in the manner provided in this chapter and if the expense of the funeral and final disposition is not paid by the kindred, an amount not exceeding $1,100 shall be paid by the commonwealth to the funeral establishment; provided however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.

Section 10. In case of the decease of a poor and indigent person, the commonwealth shall pay toward the expense of the funeral and final disposition of such person a sum not exceeding $1,100 to the funeral establishment; provided, however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.

SECTION 143. Section 2 of chapter 118 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting place thereof the following paragraph:-

The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to the funeral establishment provided that there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.

SECTION 144. Chapter 118A of the General Laws is hereby amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. The department shall provide to aged and disabled residents under this chapter a program of social services as set forth in section 2 of chapter 18. In addition to any other benefits authorized by this chapter, the department may provide to such residents grants of assistance in cases of fire, flood or other disaster. The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to a funeral establishment provided that there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.SECTION 145. Section 1 of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Benefits for individuals over age 18 for any program established under this chapter or which can be obtained only through an application for benefits under this chapter shall be available only to otherwise eligible individuals who document their lawful presence in the United States in accordance with federal requirements applicable to federal public benefits under Title XIX and Title XXI of the Social Security Act, including the requirements or the waiver of any requirements under section 1115 of the Social Security Act. The documentation requirements shall apply regardless of whether those benefits are subject to federal funding.SECTION 146. Said chapter 118E is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-

Section 22. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Claimant", a person who suffers a loss from accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.

"Date of the loss", the date on which the accident, illness, injury or other incident occurs.

"Third party", an individual, agency, program, entity or insurer including. but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as a result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the executive office of health and human services the total of medical assistance benefits provided from monies allocated in the payment, settlement or compromise of claim or action, court award or judgment for medical expenses. Where the amount allocated to past medical expenses is insufficient to satisfy the executive office's claim for full recovery of medical assistance benefits paid, the executive office may assert its claim and recover from any allocation for future medical expenses.

(c) If a payment, settlement or compromise of claim or action, court award or judgment fails to specify what portion of the payment, settlement or compromise of claim or action, court award or judgment is in payment of medical expenses, there shall be a presumption that the payment, settlement or compromise of claim or action, court award or judgment applies first to the medical expenses incurred by the claimant in an amount equal to the medical assistance benefits paid.

(d) The executive office of health and human services may dispute any allocation for medical damages that results in less than full recovery of medical assistance benefits paid and have a hearing before a court of competent jurisdiction on the allocation of damages either prior to or after disbursement of payment by the third party. The executive office shall not be precluded from enforcing its recovery rights from any payment, settlement or compromise of claim or action, court award or judgment that excludes the cost of medical assistance benefits paid. Notwithstanding anything in this section or any other general or special law to the contrary, where a claimant received medical assistance through a managed care organization, the executive office may recover the amount that the managed care organization paid for medical services provided.

(e) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the division of health care finance and policy the costs attributable to services provided to the claimant that were paid by the Health Safety Net Trust Fund established in section 36 of chapter 118G.

(f) When a claimant or a claimants’ heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the department of transitional assistance the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for financial assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only the increase in financial assistance that occurred as a result of the accident, illness, injury or other incident.

(g) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department of transitional assistance, the executive office of health and human services and the division of health care finance and policy may also perfect their rights to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.

(h) If the monies available for repayment are insufficient to satisfy in full any competing claims of the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance, then each shall be entitled to its respective pro rata share of the monies that are available.

(i) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

(j) A claimant, or if represented by counsel, the claimant's attorney, shall, within 10 calendar days, notify the executive office of health and human services in writing upon engaging in recovery activity including, but not limited to, making an insurance claim or sending a demand letter and upon commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party. No settlement, compromise, judgment or award or any recovery in any claim or action shall be made final without first providing the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance with written notice and a reasonable opportunity to intervene or otherwise perfect their rights to recovery.

(k) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance or services provided under chapter 118, 118E or 118G. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under said chapter 118, 118E or 118G, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such monies, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.

(l) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the executive office to pursue its rights under this section shall be grounds for termination of benefits.

(m) Notwithstanding any general or special law or rule or regulation to the contrary, a third party shall provide information requested by the executive office of health and human services, the department of transitional assistance and the division of health care finance and policy for use by those agencies to recover payments for public assistance benefits or services under this section, section 5G of chapter 18 and section 39 of chapter 118G.

SECTION 147. Section 1 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out the definition of "Critical access services".

SECTION 148. Said section 1 of said chapter 118G, as so appearing, is hereby further amended by striking out, in line 97, the words "emergency, urgent, and critical access".

SECTION 149. Section 6 of said chapter 118G is hereby amended by inserting after the third paragraph, as so appearing, the following paragraph:-

The division shall ensure the timely reporting of information required under this section. The division shall notify payers of any applicable reporting deadlines. The division may assess penalties against any private health care payer that fails to meet a reporting deadline. The division shall notify, in writing, a private health care payer that it has failed to meet a reporting deadline and that failure to respond within 2 weeks of the receipt of the notice may result in penalties. A payer that fails, without just cause, to provide the requested information within 2 weeks following receipt of the written notice required under this paragraph may be assessed a penalty of up to $1,000 per week for each week of delay after the 2-week period following the payer’s receipt of the written notice; provided, however, that the maximum annual penalty against a private payer under this section shall be $50,000. Amounts collected pursuant to this section shall be deposited in the General Fund.

SECTION 150. Section 34 of said chapter 118G, as so appearing, is hereby amended by striking out the definition of "Critical access services".

SECTION 151. Said section 34 of said chapter 118G, as appearing in the 2008 Official Edition, is hereby further amended by inserting after the definition of "Health services" the following definition:-

"Managed care organization", a managed care organization, as defined in 42 CFR 438.2, and any eligible health insurance plan, as defined in section 1 of chapter 118H, that contracts with MassHealth or the health insurance connector authority; provided, however, that “managed care organization” shall not include a senior care organization, as defined in section 9D of chapter 118E.

SECTION 152. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word “basis”, in lines 83 and 84, the following words:- ; provided further, that “payments subject to surcharge” shall include payments made by a managed care organization on behalf of (i) Medicaid recipients under age 65; and (ii) enrollees in the commonwealth care health insurance program.SECTION 153. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by striking out, in lines 107 and 108, the words "emergency, urgent and critical access".

SECTION 154. Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word “shall”, in line 122, the following words:- include a managed care organization; and provided further, that “surcharge payor” shall.

SECTION 155. Subsection (a) of section 36 of said chapter 118G, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The purposes of the fund shall be: (i) to maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; and (ii) to support a portion of the costs of the Medicaid program under chapter 118E and the commonwealth care health insurance program under chapter 118H.

SECTION 156. Said section 36 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word "hospitals", in line 29, the following words:- ; and provided further, that any amounts collected from surcharge payors in any year in excess of $160,000,000, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid and commonwealth care health insurance programs.

SECTION 157. Subsection (a) of section 38 of said chapter 118G, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The office shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate payments subject to the surcharge, excluding projected annual aggregate payments based on payments made by managed care organizations. The office shall determine the surcharge percentage before the start of each fund fiscal year and may redetermine the surcharge percentage before April 1 of each fund fiscal year if the office projects that the initial surcharge percentage established the previous October will produce less than $150,000,000 or more than $170,000,000 in surcharge payments, excluding payments made by managed care organizations.

SECTION 158. Section 23 of chapter 119 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The department may pay to a funeral establishment a sum not to exceed $1,100 for the funeral and final disposition of a child in its care provided that there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the child.SECTION 159. Said section 23 of said chapter 119, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following subsection:-

(f) Notwithstanding section 26, the department shall continue its responsibility as provided in this section for a person who has attained the age of 18 and is under 22 years of age and who is (i) completing secondary education or a program leading to an equivalent credential; (ii) enrolled in an institution which provides post-secondary or vocational education; (iii) participating in a program or activity designed to promote, or to remove barriers to, employment; (iv) employed at least 80 hours per month; or (v) incapable of doing any of the activities described in subclauses (i) though (iv), inclusive, due to a medical condition, including a diagnosed mental health condition, which incapability is supported by regularly updated information in the case plan of the child; provided, however, that the department’s continued responsibility for persons who have attained the age of 18 is contingent upon the express written consent of the person.

Notwithstanding any general or special law to the contrary, the court shall retain jurisdiction under this chapter for persons in the continued care of the department under this subsection, including for the purpose of permanency reviews as set forth in section 29B.

If a child elects to leave the care of the department when the child attains the age of 18, during the 90-day period immediately prior to the date on which a child will attain 18 years of age, whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under section 477 of the Social Security Act, 42 U.S.C. § 677, the department shall provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; provided, however, that the plan includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and provided further, that the plan shall be as detailed as the child may elect. The court shall retain jurisdiction until it finds, after a hearing at which the child is present, that a satisfactory transition plan has been provided for the child.

If a child remains under the care of the department upon attaining the age of 18 as provided in this subsection, then during the 90-day period immediately before the date on which the child leaves the care of the department, or the child’s 21st birthday, whichever comes first, the department shall provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child; provided, however, that the plan includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services and work force supports and employment services; and provided further, that the plan shall be as detailed as the child may elect. The court shall retain jurisdiction until it finds, after a hearing at which the child is present, that a satisfactory transition plan has been provided for the child.

If a child remains under the care of the department upon attaining the age of 21 as provided in this subsection, then during the 90-day period immediately before the date on which the child leaves the care of the department or the child’s 22nd birthday, whichever comes first, the department shall provide the child with assistance and support in updating the aforementioned transition plan. The updated transition plan shall be personalized at the direction of the child; provided, however, that the plan shall include specific options on housing, health insurance, education, local opportunities for mentors and continuing support services and work force supports and employment services; and provided further, that the plan shall be as detailed as the child may elect. The court shall retain jurisdiction until it finds, after a hearing at which the child is present, that a satisfactory updated transition plan has been provided for the child.

If a person who has attained the age of 18 leaves the care of the department but requests, before reaching the age of 22, that the department re-open the person's case, the department shall make every reasonable attempt to provide a program of support which is acceptable to the person and which permits the department to renew its responsibility. If a person re-enters the care of the department under this paragraph, then all other provisions of this subsection shall apply.

Nothing in this subsection shall be construed to provide legal custody of a person who has attained the age of 18 to the department or to otherwise abrogate any other rights that a person who has attained the age of 18 may have under law by dint of their age.

Nothing in this subsection shall be construed to permit a court to appoint the department as guardian of a person who has attained the age of 18.

The department shall report annually to the child advocate, chairs of the joint committee on children, families and persons with disabilities and the senate and house committees on ways and means on the numbers of persons it serves and declines to serve under this subsection.

SECTION 160. Section 29 of said chapter 119, as so appearing, is hereby amended by inserting after the words “section 29B”, in line 4, the following words:- or a person who has attained the age of 18 and is before a court under subsection (f) of section 23.SECTION 161. Section 10 of chapter 119A of the General Laws, as so appearing, is hereby amended by inserting after the figure “10A”, in line 14, the following words:- and on child support services authorized pursuant to Title IV, Part D of the Social Security Act.

SECTION 162. Section 11 of said chapter 119A, as so appearing, is hereby amended by inserting after the word “fund”, in line 7, the following words:- and from the child support penalties account.

SECTION 163. The General Laws are hereby amended by inserting after chapter 120 the following chapter:-

CHAPTER 120A

INTERSTATE COMPACT ON JUVENILES

Section 1. The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and, in so doing, have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and, in so doing, have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 of1965, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) ensure that adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges against juvenile offenders prior to transfer or release thereof to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

Section 2. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:

“By–laws”, those by-laws established by the interstate commission for its governance or for directing or controlling its actions or conduct.

“Compact administrator”, the individual in each compacting state responsible for the administration and management of such state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

“Compacting state”, any state which has enacted the enabling legislation for this compact.

“Commissioner”, the voting representative of each compacting state appointed pursuant to section 3.

“Court”, any court having jurisdiction over delinquent, neglected or dependent children.

“Deputy compact administrator”, the individual, if any, in each compacting state appointed to act on behalf of a compact administrator, pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

“Interstate commission”, the interstate commission for juveniles created by section 3.

“Juvenile”, any person defined as a juvenile in any member state or by the rules of the interstate commission, including:

(1)“Accused delinquent”, a person charged with an offense that, if committed by an adult, would be a criminal offense;

(2) “Adjudicated delinquent”, a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

(3)“Accused status offender”, a person charged with an offense that would not be a criminal offense if committed by an adult;

(4)“Adjudicated status offender”, a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

(5)“Non-offender”, a person in need of supervision who has not been accused or adjudicated a status offender or a delinquent.

“Non-compacting state”, any state which has not enacted the enabling legislation for this compact.

“Probation or parole”, any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

“Rule”, a written statement by the interstate commission adopted pursuant to section 4 that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal or suspension of an existing rule.

“State”, a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.

Section 3. (a) The compacting states hereby create the interstate commission for juveniles. The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from a state who shall serve on the interstate commission in such capacity pursuant to the applicable law of such compacting state.

(c) In addition to the commissioners, who shall be the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials and crime victims. All non-commissioner members of the interstate commission shall be ex-officio members. The interstate commission may provide in its by-laws for such additional ex-officio members, including members of other national organizations, in such numbers as shall be determined by the commission.

(d) Each compacting state represented at any meeting of the commission shall be entitled to 1 vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the interstate commission.

(e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(f) The interstate commission shall establish an executive committee, which shall include commission officers, members and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking power or power to amend the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff; administer enforcement and compliance with the compact, its by-laws and rules; and perform such other duties as directed by the interstate commission or set forth in the by-laws.

(g) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of such commissioner from that state, to cast a vote on behalf of such compacting state at a specified meeting. The by-laws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.

(h) The interstate commission’s by-laws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests.

(i) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public if it determines, by two-thirds vote, that an open meeting would be likely to:

(1) relate solely to the interstate commission’s internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime or formally censuring any person;

(5) disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigative records compiled for law enforcement purposes;

(7) disclose information contained in, or related to, examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission relative to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

(8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

(9) specifically relate to the interstate commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.

(j) For every meeting closed pursuant to this section, the interstate commission’s legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemption. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes.

(k) The interstate commission shall collect standardized data relative to the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

Section 4. The commission shall have the following powers and duties:

(1) to provide for dispute resolution among compacting states;

(2) to promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) to oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules adopted by the interstate commission;

(4) to enforce compliance with the compact provisions, the rules adopted by the interstate commission and the by-laws, using all necessary and proper means including, but not limited to, the use of judicial process;

(5) to establish and maintain offices which shall be located within 1 or more of the compacting states;(6) to purchase and maintain insurance and bonds;

(7) to borrow, accept, hire or contract for services of personnel;

(8) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee, as required by section 3, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) to elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel;

(10) to accept any and all donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of same;

(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;

(12) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

(13) to establish a budget and make expenditures and levy dues as provided in section 11;

(14) to sue and be sued;

(15) to adopt a seal and by-laws governing the management and operation of the interstate commission;

(16) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

(17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states relative to the activities of the interstate commission during the preceding year, including any recommendations that may have been adopted by the interstate commission;

(18) to coordinate education, training and public awareness relative to the interstate movement of juveniles for officials involved in such activity; and

(19) to establish uniform standards of the reporting, collecting and exchanging of data.

The interstate commission shall maintain its corporate books and records in accordance with the by-laws.

Section 5. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:

(1) establishing the fiscal year of the interstate commission;

(2) establishing an executive committee and such other committees as may be necessary;

(3) providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;

(4) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting;

(5) establishing the titles and responsibilities of the officers of the interstate commission;

(6) providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations.

(7) providing “start-up” rules for initial administration of the compact; and

(8) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section 6. (a) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission but, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(b) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.

Section 7. (a) The commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities except that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

(b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this section shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

(c) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, unless the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(d) The interstate commission shall indemnify and hold the commissioner of a compacting state or the commissioner's representatives or employees and the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

Section 8. (a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate, consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding, as of the date specified, as published with the final version of the rule as approved by the commission.

(1) publish the proposed rule's entire text, stating the reasons for such proposed rule;

(2) allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;

(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

(4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

(d) Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this section, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

(e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

(f) The existing rules governing the operation of the interstate compact on juveniles superseded by this chapter shall be null and void 12 months after the first meeting of the interstate commission.

(g) Upon determination by the interstate commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, but the rulemaking procedures provided hereunder shall be retroactively applied to such rule as soon as reasonably possible, but not later than 90 days after the effective date of the emergency rule.

Section 9. (a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.

(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. This compact, and the rules adopted thereby, shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state relative to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Section 10. (a) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities relative to compliance with the compact and its by-laws and rules.

(b) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(c) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 16.

Section 11. (a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs such assessment.

(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

Section 12. Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least 1 representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state shall retain the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy relative to such state’s participation in interstate commission activities and other duties as may be determined by such state including, but not limited to, development of policy relative to operations and procedures of the compact within such state.

Section 13. (a) Any state, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands as defined in section 2 shall be eligible to become a compacting state.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by not less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by such state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission, on a non-voting basis, prior to adoption of the compact by all states and territories of the United States.

(c) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Section 14. (a) Once effective, the compact shall continue in force and remain binding upon each compacting state but a compacting state may withdraw from the compact by repealing the statute which enacted the compact into law in such state.

(b) The effective date of withdrawal shall be the effective date of the repeal.

(c) The withdrawing state shall immediately notify the chairperson of the interstate commission, in writing, upon the introduction of legislation repealing the compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.(d) The withdrawing state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Section 15. (a) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly adopted rules, the interstate commission may impose any or all of the following penalties:

(1) remedial training and technical assistance as directed by the interstate commission;

(2) alternative dispute resolution;

(3) fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; and

(4) suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. Grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws or duly adopted rules and any other grounds designated in interstate commission by-laws and rules. The interstate commission shall immediately notify the defaulting state, in writing, of the penalty imposed by the interstate commission and of the default, pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure the default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination of membership.

(b) Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief Justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature and the state council of such termination.

(c) The defaulting state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

(d) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon, in writing, between the interstate commission and the defaulting state.

(e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

Section 16. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district wherein the interstate commission offices are located, to enforce compliance with the compact, its duly adopted rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.

Section 17. (a) The compact shall dissolve effective on the date of the withdrawal or default of the compacting state, which reduces membership in the compact to 1 compacting state.

(b) Upon the dissolution of this compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded. Any surplus funds of the interstate commission shall be distributed in accordance with the by-laws.

Section 18. (a) The provisions of this compact shall be severable and, if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally construed to effectuate its purposes.

Section 19. (a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(b) All compacting states’ laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

Section 20. (a) All lawful actions of the interstate commission, including all rules and by-laws adopted by the interstate commission, shall be binding upon the compacting states.

(b) All agreements between the interstate commission and the compacting states shall be binding in accordance with the terms thereof.

(c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.SECTION 164. Section 32 of chapter 121B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law or rule or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a or who is not a person residing in the United States under color of law as provided in section 16D of chapter 118E shall not be given priority over or otherwise displace an applicant who has such status.SECTION 165. Section 14 of chapter 123A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The district attorney or the attorney general at the request of the district attorney may petition the court for a trial. In a trial held pursuant to this section, either the person named in the petition or the petitioning party may demand in writing that the case be tried to a jury, and upon that demand the case shall be tried to a jury.SECTION 166. Chapter 127 of the General Laws is hereby amended by inserting after section 48A the following section:-

Section 48B. (a) The commissioner and the sheriffs for the various counties may institute and assess fees to inmates in their custody for the following services:

the daily cost of custodial care;

medical sick call visits;

prescription eyeglasses; and

(iv)pharmacy prescriptions.

(b) Notwithstanding subsection (a), the following services shall be exempt from fee assessment: admission health screening, 14-day health assessment, emergency health care, hospitalization or infirmary care, prenatal care, lab and diagnostic care, follow-up visits approved by health services, contagious disease care and chronic disease care.

(d) The commissioner and sheriffs may use 25 per cent of the fees collected to help provide inmates with a cognitive-behavioral treatment program, included in the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s national registry of evidence-based programs and practices, which develops moral reasoning skills. Such a program shall be proven to reduce future behavioral problems including recidivism incidents and misconduct within prison facilities which pose a risk to prison staff such as disruptive behavior, fighting, assaulting others and possessing contraband.

(e) The sheriff may prescribe a fee to inmates in the sheriff’s custody assigned to house arrest program based on the inmate’s ability to pay, finances, household income, number of dependents and medical status.

(f) The fees assessed under this section shall not have a set due date, but shall instead be collected only as wages are earned through work release programs or work within the prison, jail or house of correction and shall continue to be due and payable after the inmate is released. If the inmate is not re-incarcerated within 2 years after release, the outstanding assessment shall be forgiven.

(g) This section shall not apply to federal inmates, detainees, regional lock-up inmates or anyone who has not been convicted for the crime for which the inmate is incarcerated.

SECTION 167. Section 33 of chapter 138 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 12, the words “12:00 noon and in any county other than Suffolk,” and inserting in place thereof the following words:- 10:00 a.m. and.

SECTION 168. Section 33B of said chapter 138, as so appearing, is hereby amended by striking out the words “eleven o’clock ante meridian and twelve o’clock” and inserting in place thereof the following words:- 10:00 a.m. and 12:00.

SECTION 169. Section 202 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “, old metals.”

SECTION 170. Said section 202 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “pawnbrokers”, in line 2, the words”- , secondary metals dealing.

SECTION 171. The General Laws are hereby amended by inserting after chapter 140B the following chapter:-

CHAPTER 140B½

SECONDARY METAL DEALING

Section 1. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“Engaging in a business”, a regular occupation or constant employment; not an isolated or occasional transaction.

“Licensing authority”, the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them.

“Metal” or “metal article”, a substance or article consisting of metal or a metal alloy but excluding aluminum beverage containers if those containers have a refund value pursuant to section 322 of chapter 94.

“Secondary metals dealer”, a business, individual, corporation, association or organization engaged in secondary metals dealing for profit, whether or not licensed pursuant to section 2.

“Secondary metals dealing”, engaging in a business, from a fixed location or otherwise, of gathering or obtaining metal or metal articles that are no longer in use and the economic value thereof is based upon the metal or article’s potential for re-use or upon the worth of the raw material of which such article is made.

Section 2. (a) The licensing authority in any city or town may license suitable persons to engage in secondary metal dealing within the borders of the municipality. A licensing authority may make additional rules, regulations and restrictions, not inconsistent with this chapter, which shall be expressed in all licenses issued pursuant to this section; provided, however, that the regulations shall include a requirement that a license issued pursuant to this section shall expire 1 year from the date of issue, may be renewed, that a fee of $250 shall be assessed for the initial license, 50 per cent of which fee shall be forwarded by the collecting municipality to the state treasurer who shall deposit the monies into the Secondary Metals Registry Trust Fund, established by section 35LL of chapter 10, and that $75 shall be assessed for the renewal of the license; provided,however, that any application for licensure or renewal shall designate a resident agent for service of process which designation may only be withdrawn, in writing, and upon designation of a new resident agent for such purpose. A license issued under section 54 or 54A shall not be considered a valid license for engaging in secondary metals dealing. A license issued pursuant to this section may be revoked and shall be subject to sections 202 to 205, inclusive.

(b) A licensing authority shall enter premises used by any licensee to engage in secondary metals dealing, wherein the records required to be maintained under this chapter are stored or maintained, and inspect, in a reasonable manner, those records and inventory at least once per calendar year during regular business hours for the purpose of enforcing this chapter. If the records or inventory contain evidence of a violation of this chapter, the inspecting officer shall produce and take possession of copies of the records but, if the licensee does not possess the means to provide copies, the inspecting officer shall arrange to obtain copies in a reasonable time and manner, those records that contain evidence of the violation and the costs for obtaining the copies shall be assessed against the owner of the records.

(c) The licensing authority, its authorized agent or a police officer may at any time enter upon premises being used for secondary metals dealing to ascertain whether or not the operator thereof is validly licensed, whether the enterprise is being operated in accordance with this chapter, and to examine all articles received or stored in or upon the premises and all books, records and inventory relating thereto. A secondary metals dealer shall exhibit to the licensing authority, his authorized agent, or a police officer, upon demand, all such articles, books or inventory.

(d) The department of state police and municipal police shall enforce this chapter.

Section 3. (a) It shall be illegal to engage in secondary metals dealing without a license issued in accordance with section 2.

(b) Whoever violates this section shall be punished for a first offense by a fine of not more than $2,500 or 2½ years in the house of correction. Whoever commits a second or subsequent violation of this section shall be punished by 2½ years in a house of correction or a fine of not more than $5,000 or by not more than 5 years in state prison and a fine of not more than $5,000, or by both such fine and imprisonment.

Section 4. (a) Whoever engages in secondary metals dealing shall keep, for each transaction, the following records together in a book, register or electronic archive for 2 years:

(1) a legible statement to be recorded in a book or register, and signed by the person from whom the metal is received, stating that person’s name, current address and date and place of birth and a statement from that person providing when, where and from whom that person obtained the metal;

(2) a photocopy of a government issued identification card, issued to the person from whom the metal is received; provided, however, that if a photograph of the person does not appear on the identification card, a photo of the person’s face shall be taken and retained;

(3) a photograph and a record of the weight of each individual metal article with a fair market value in excess of $250, unless the article bears an identifying number or mark imprinted or embossed on the article during the manufacturing process and unique to the object or to the object from which the metal was taken including, but not limited to, a vehicle identification number; provided, however, that any photograph depicting more than 1 such article shall be sufficiently clear so as to distinguish each article from any other article in the photograph. If a unique identifying number or mark is imprinted or embossed on an article, that number or mark shall be recorded and neither a photograph nor the recorded weight of the article shall be required unless the article is gold, silver or platinum with a fair market value over $250, in the condition in which it was received, in which case the article shall be photographed notwithstanding any unique number or mark thereon;

(4) forward, not later than 48 hours from the time of receipt, the information required under clauses (1) to (3), inclusive, to the criminal history systems board on forms provided by that board or by the municipality in which the metal is received; and

(5) retain any metal or metal article received for 10 days following the postmark on, or the date of electronic transmission of, the information sent to the criminal history systems board as required under clauses (1) to (3), inclusive, and preserve the metal or article during the 10 days in the exact form in which it was received, without processing, tearing down, shredding, crushing, cutting, recycling, compacting, melting or otherwise alteration thereof.

(b) It shall be illegal to engage in secondary metals dealing and to:

knowingly accept a false name, address, date of birth or proof of identification or a false source from which metal or metal articles were obtained from any person seeking to exchange metal or metal articles for money or some other thing of value, with the intent to profit economically thereby;

refuse the licensing authority, its authorized agent or a police officer entry onto the premises used for secondary metals dealing, fail to exhibit to the licensing authority, its authorized agent or a police officer, upon demand, all articles, books or inventory, or willfully hinder, obstruct or prevent the licensing authority, its authorized agent or a police officer from entering the premises for the purpose of conducting an examination of records or inventory or the validity of any license purportedly issued pursuant to section 2;

receive any street sign, manhole cover, beer keg, propane container for fueling forklifts, street light, guard rail, water meter cover, railroad track, railroad spike, funeral or memorial marker, any metal item bearing the mark of a government entity, utility company or brewer, or copper wire, the insulation around which such dealer knew, or reasonably should have known, had been burned or stripped away; provided, however, that the manufacturer or authorized distributor of these metal articles shall be exempt from this clause if that manufacturer or distributor refills, reuses or recycles the articles of its own manufacture or that it distributes.

receive any motor vehicle or trailer, or part thereof, which such dealer knew, or reasonably should have known, that the identifying number or mark thereon had been removed, defaced, altered, destroyed or obliterated.

(c) It shall be illegal to knowingly provide a false name, address, date of birth or proof of identification, or a false source from which metal or metal articles were obtained to a secondary metals dealer, with the intent to exchange metal or metal articles for money or some other thing of value.

(d) Whoever violates this section shall be punished, for a first offense, by a fine of not more than $2,500 or by imprisonment in a house of correction for not more than 2½ years, or by both such fine and imprisonment. Whoever commits a second or subsequent violation of this section shall be punished by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in a house of correction for not more than 2½ years or in a state prison for not less than 5 years, or by both such fine and imprisonment.

(e) Upon a third or subsequent violation of this chapter, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke the license and the license revocation may be imposed in addition to any criminal penalties imposed as a result of a violation of this chapter.

Section 5. Notwithstanding any general or special law to the contrary, 100 per cent of the fines imposed pursuant to a violation of this chapter shall be transferred by the court to the state treasurer for deposit into the Secondary Metals Registry Trust Fund, established under section 35LL of chapter 10.

Section 6. Premises used for secondary metals dealing and operated in violation of this chapter shall be considered a nuisance and the licensing authority, the state police or local police department of the municipality in which the premises are located, the applicable district attorney or the attorney general may make application to the superior court in the county wherein the secondary metals dealing operation is established or maintained for an injunction to abate the nuisance.

Section 7. (a) The following property shall be subject to forfeiture:

all metal or metal articles which have been received, maintained, transferred or altered or in any manner obtained or kept in violation of this chapter;

all materials, products and equipment of any kind used, or intended for use, in processing, transporting, purchasing, exchanging or recycling metals or metal articles in violation of this chapter;

all conveyances used, or intended for use, to transport, conceal or otherwise facilitate the processing, transporting, purchasing, exchanging or recycling of metals or metal articles in violation of this chapter;

all money, negotiable instruments, securities or other things of value furnished, or intended to be furnished, by any person in exchange for metal or metal articles in violation of this chapter, all proceeds traceable to the exchange, including real estate and any other thing of value, and all moneys, negotiable instruments and securities used, or intended to be used, to facilitate any violation of this chapter;

all real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of this chapter; and

all property which is used, or intended for use, as a container for property described in clauses (1) or (2).

(b) A forfeiture under this section shall not extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.

(c) Property subject to forfeiture under subsection (a) shall, upon motion of the petitioner, be declared forfeit by any court having jurisdiction over the property or having final jurisdiction over any related criminal proceeding brought under this chapter.

(d) The court shall order forfeiture of all conveyances and of all real property subject to subsection (a), except as follows:

A conveyance used by any person as a common carrier in the transaction of business as a common carrier shall not be forfeited unless it shall appear that the owner or other person in charge of the conveyance was a consenting party to, or privy to, a violation of this chapter.

A conveyance shall not be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the commonwealth or of any other state.

A conveyance or real property shall not be subject to forfeiture unless the owner thereof knew, or should have known, that the conveyance or real property was used in and for the business of secondary metals dealing in violation of this chapter. Proof that the conveyance or real property was used to facilitate a violation of this chapter on 3 or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawful secondary metals dealing.

(e) (1) The attorney general, a district attorney or a municipality may petition the superior court in the name of the commonwealth or, in the case of a municipality, in such municipality’s name, in the nature of a proceeding in rem to order forfeiture of property subject to forfeiture under subsection (a). The petition shall be filed in the court having jurisdiction over the property or having final jurisdiction over any related criminal proceeding brought under this chapter. If the property is claimed by any person, other than the commonwealth, the plaintiff in all such suits shall have the burden of proving to the court the existence of probable cause to institute the action and the claimant shall then have the burden of proving that the property is not forfeitable pursuant to subsection (a). The owner of the property, or other person claiming thereunder, shall have the burden of proof as to the exceptions set forth in subsections (d) and (i). The court shall order the forfeiture petitioner to give notice, by certified or registered mail, to the owner of the property which is the subject of the forfeiture proceeding and to such other persons as appear to have an interest therein and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of the owner of the property, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing, the court shall hear evidence and make conclusions of law and shall thereupon issue a final order from which the parties shall have a right of appeal. In all suits in which a final order results in an order of forfeiture, the final order shall provide for disposition of the property by the commonwealth, or any subdivision thereof, in any manner not prohibited by law, including official use by authorized law enforcement or other public agency or sale at public auction or by competitive bidding. The proceeds of the sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice and the balance thereof shall be distributed as provided in paragraph (2).

(2) The final order of the court shall provide that moneys and the proceeds of any sale conducted pursuant to paragraph (1) shall be distributed equally among the prosecuting district attorney or attorney general, the municipal or state police department involved in the seizure and the municipality in which the property is located. If more than 1 police department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall equitably divide, among each of the departments involved, the 1/3 share of the money and proceeds of the sale that would be distributed as if a single department was involved in the seizure.

(3) There shall be established, within the office of the state treasurer, separate special law enforcement trust funds for each district attorney and for the attorney general. All monies and proceeds received by the attorney general or any prosecuting district attorney pursuant to this subsection shall be deposited into such a trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the attorney general or such district attorney considers appropriate.

All moneys and proceeds received by any police department pursuant to this subsection shall be deposited into a special law enforcement trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the colonel of state police or applicable chief of police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of the department.

(f) Any officer, department, or municipality having custody of any property subject to forfeiture under this chapter or having disposed of the property shall keep and maintain full and complete records showing from whom it received the property, under what authority it held or received or disposed of the property, to whom it delivered the property, the date and manner of destruction or disposition of the property, and the exact kind, quantity and form of the property. The records shall be open to inspection by the attorney general and state officers charged with enforcement of this chapter. Persons making final disposition or destruction of the property under court order shall report, under oath, to the court the exact circumstances of the disposition.

(g) (1) During the pendency of forfeiture proceedings, the court may issue, at the request of the petitioner, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody including, but not limited to: an order that the petitioner remove the property, if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account and; that a substitute custodian be appointed to manage the property or a business enterprise. Property taken or detained under this section shall not be repleviable, but once seized shall be considered to be lawfully in the custody of the petitioner pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of the property shall issue only upon a showing of probable cause, and the application therefore and the issuance, execution, and return thereof shall be subject to chapter 276, so far as applicable.

(2) The office of seized property management within the division of capital asset management and maintenance, established under section 47 of chapter 94C, shall preserve and manage property seized pursuant to this chapter, in a reasonable fashion, dispose of such property upon a judgment ordering forfeiture issued pursuant to this chapter and enter into contracts to preserve, manage and dispose of the property. The office of seized property management shall be funded by a portion of the proceeds of each sale of the managed property to the extent provided as payment of reasonable expenses under subsection (e).

(h) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over the forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section 1 of chapter 188. The value of the balance of such principal domicile, if any, shall be forfeited as provided in this section. The homestead exemption may be acquired on only 1 principal domicile for the benefit of the immediate family of the owner.

(i) A forfeiture proceeding affecting the title to real property or the use and occupation thereof, or the buildings thereon, shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the municipality wherein the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district wherein the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of such judgment, discontinuance, dismissal or other final disposition and that certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed.

Section 8. The chapter shall not apply to a person who is required under the federal Banking Secrecy Act, Public Law 91-508, as amended by 12 U.S.C. 1829B, 12 U.S.C. 1951-1959 and 31 U.S.C. 5311-5314, 5316-5332 to maintain an anti-money laundering program that vets customers and transactions in metals.” SECTION 172. Section 81 of chapter 146 of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the words “but excluding” and inserting in place thereof the following words:- , vacuum and pneumatic systems, oil and petroleum products, ice-making machinery, air conditioning equipment and piping systems used for the conveyance and storage of liquids and industrial type gases used in processes, including, but not limited to, biopharmaceutical and semi-conductor manufacturing; provided, however, that nothing herein shall supersede chapter 142; provided further, that “pipefitting” shall not include the work performed by a licensed plumber as determined by the laws and regulations relating to that profession, or."

SECTION 173. Section 89 of said chapter 146, as so appearing, is hereby amended by adding the following 2 paragraphs:-

Whoever prevents or attempts to prevent an inspector from entering on any premises in the discharge of his duties under section 81 shall be punished by a fine of not less than $250 and not more than $3,000, or by imprisonment for not more than 3 months, or both such fine and imprisonment.”

Whoever permits an unlicensed person to engage in pipefitting, as defined in section 81, shall be subject to a fine of not less than $1,000 and not more than $3,000 dollars, or by imprisonment for not more than 3 months, or both such fine and imprisonmentSECTION 173A. Section 2 of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The attorney general shall make available a 24-hour toll-free hotline which may be used for reporting suspected violations of this chapter, including sections 19C and 26 relative to immigration status and wage laws and for violations of 8 U.S.C. section 1324a relative to the unlawful employment of unauthorized aliens in the commonwealth. Calls to the hotline shall be confidential and callers shall have the option of reporting violations anonymously. All complaints, whether received through the hotline, in writing, electronically or in any other form shall be recorded, documented and investigated by the attorney general. The attorney general shall immediately refer any suspected violations of federal law including, but not limited to, violations of 8 U.S.C. section 1324a, to the Attorney General of the United States. The attorney general shall annually prepare a year-end report detailing all reported violations of said sections 19C and 26 and violations of 8 U.S.C. sections 1324a, the nature of the violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens and any violations of federal law forwarded to the Attorney General of the United States. The report shall be submitted annually to the house and senate committees on ways and means and to the joint committee on labor and workforce development not later than February 1.

SECTION 174. The second paragraph of section 19C of said chapter 149, as so appearing, is hereby amended by adding the following sentence:- Such regulations shall include but not be limited to ascertaining and verifying immigration and citizenship status utilizing a work authorization program as defined in section 1 of chapter 30C.

SECTION 175. Said section 19C of said chapter 149, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

A person who violates this section or who knowingly utilizes a false identification document for the purpose of soliciting, securing, or maintaining employment from a public employer shall be punished by a fine of not less than $200 nor more than $500 or by imprisonment in a jail or house of correction for not more than 1 year.SECTION 176. Section 7 of chapter 150E of the General Laws, as amended by section 100 of chapter 25 of the acts of 2009, is hereby further amended by adding the following 2 subsections:-

(e) If a collective bargaining agreement between the commonwealth and an employee organization provides for the commonwealth to remove employees from employment in a certain manner, the commonwealth shall exercise any statutory power to remove such employees according to that agreement. (f) An employer entering into a collective bargaining agreement with an employee organization must provide a copy of the agreement to the retirement board to which the employees covered by the agreement are members. All retirement systems shall maintain files of all active collective bargaining agreements which cover the systems members. The retirement board shall review collective bargaining agreements for compliance with chapter 32.SECTION 177. The third paragraph of section 47C of chapter 175 of the General Laws is hereby amended by striking out the last sentence, as appearing in section 83 of chapter 27 of the acts of 2009, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.

SECTION 178. The third paragraph of section 8B of chapter 176A of the General Laws is hereby amended by striking out the last sentence, as appearing in section 84 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.

SECTION 179. The third paragraph of section 4C of chapter 176B of the General Laws is hereby amended by striking out the last sentence, as appearing in section 85 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.

SECTION 180. The second paragraph of section 4 of chapter 176G of the General Laws is hereby amended by striking the last sentence, as appearing in section 86 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles.SECTION 181. Chapter 209A of the General Laws is hereby amended by adding the following section:-

Section 11. Whoever files for the issuance, continuation or modification of a protective order under this chapter shall do so under the pains and penalties of perjury.SECTION 182. Section 11 of chapter 211D of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

Any counsel who is appointed or assigned to represent indigents within the private counsel division shall not be limited by section 91 of chapter 32, except that they may only bill up to a maximum of 960 hours in the aggregate, in any calendar year.SECTION 183. Section 6 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in lines 54 and 55, the words“ , further, that the commissioner of probation” and inserting thereof the following words:- “further, that the commissioner of probation, subject to approval by the chief justice for administration and management.SECTION 184. (a) Section 1 of chapter 258B of the General Laws, as so appearing, is hereby amended by inserting after the word “delinquency”, in line 10, the following words:- or conviction as a youthful offender.

SECTION 185. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by striking out, in lines 12 to 14, inclusive, the words “or found delinquent or against whom a finding of sufficient facts for conviction or finding of delinquency” and inserting in place thereof the following words:- , adjudicated as a delinquent or convicted as a youthful offender or against whom a finding of sufficient facts.

SECTION 186. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by inserting after the word “stepparent”, in lines 15 and 16, the following word:- , grandparent.

SECTION 187. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by inserting after the definition of “Family member” the following definition:-

“Orientation”, a familiarization with the courtroom setting, court personnel and rules of court to the extent practicable under the circumstances as required in this chapter; provided, however, that this requirement may be satisfied through the use of diagrams, photographs or other reasonable methods.

SECTION 188. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by striking out , in line 25, the word “which” and inserting in place thereof the following word:- that.

SECTION 189. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by striking out the definition of “Victim” and inserting in place thereof the following definition:-

“Victim”, a natural person who suffers direct or threatened physical, emotional or financial harm as the result of the commission or attempted commission of a crime or delinquency offense as demonstrated by the issuance of a complaint or indictment, the family members of such person if the person is a minor or incompetent, the family members of such person if the person is deceased even if no arrest, indictment or complaint has been issued and, for relevant provisions of this chapter, a person who is the subject of a case reported to a prosecutor pursuant to section 18 of chapter 19A, sections 5 and 9 of chapter 19C and section 51B of chapter 119 and the family members of any such person if the person is a minor, incompetent or deceased.

SECTION 190. Said section 1 of said chapter 258B, as so appearing, is hereby further amended by striking out, in lines 40 and 41, the words “is expected to be summoned to testify for the prosecution” and inserting in place thereof the following words:- may be summoned to testify for the prosecution or that person’s family member or guardian if the person is a minor, incompetent or deceased.

SECTION 191. Section 3 of said chapter 258B, as so appearing, is hereby amended by inserting after the word “all”, in line 16, the following words:- adult and juvenile.

SECTION 192. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by striking out, in lines 31 to 34, inclusive, the words “protection from the local law enforcement agencies from harm and threats of harm” and inserting in place thereof the following words:- assistance in developing safety plans and appropriate referrals to address harm, threats of harm or fears.

SECTION 193. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) for victims, family members and witnesses to be provided, by the court as provided in section 17 of chapter 211B, with a secure waiting area or room which is separate from the waiting area of the defendant or the defendant’s family, friends, attorneys or witnesses and separate from the district attorney’s office; provided, however, that the court shall designate a waiting area at each courthouse; and provided further, that designation of those areas shall be made in accordance with the implementation plan developed by the task force.

SECTION 194. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 86 and 87, the words “fourteen A of chapter two hundred and sixty-eight” and inserting in place thereof the following words:- 14B of chapter 268.

SECTION 195. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by inserting after the word “informed, in line 88, the following words:- by the prosecutor.

SECTION 196. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by inserting after the word “interview”, in line 92, the following words:- ; provided further, that defense counsel shall not seek to interview a victim or witness under the age of majority, incompetent or cognitively impaired until the victim or witness has been informed, in the presence of a parent, guardian or accompanying adult who is not the defendant, of the right to submit to or decline the interview.

SECTION 197. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 111, the word “at” and inserting in place thereof the following word:- before.

SECTION 198. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by inserting after the word “defendant”, in lines 111 and 112, the following words:- , even if there is an admission to sufficient facts, the sentence is mandatory or there is an agreed upon plea.

SECTION 199. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by inserting after the word “crime”, in line 117, the following words:- ; provided, however, that upon a showing by the prosecutor that a personal appearance by the victim will cause an unreasonable hardship on the victim, the court shall permit the victim to exercise the right to be heard by submitting a statement through audio tape or videotape to be heard or viewed before the sentence or disposition is imposed.

SECTION 200. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by striking out clause (t) and inserting in place thereof the following clause:-

(t) for victims and witnesses to be informed by the prosecutor about their notification rights and their right to receive criminal offender record information under section 178A of chapter 6; provided, however, that the criminal history systems board, or in the case of a juvenile defendant the department of youth services, shall give victims and witnesses, using the most recent contact information provided by the victim or witness, reasonable advance notice of when a convicted offender receives a temporary, provisional or final release from custody or is transferred from a secure facility to a less-secure facility, or forthwith when a convicted offender escapes from custody.

SECTION 201. The first paragraph of said section 3 of said chapter 258B, as so appearing, is hereby further amended by adding the following 5 clauses:-

(w) for victims and witnesses who are minor children or adults with disabilities to have parents, a counselor, friend or other person having a supportive relationship with the victim or witness, in addition to the victim witness advocate, remain in the courtroom during the child’s or adult’s testimony unless, in written findings made and entered, the court finds that the defendant’s constitutional right to a fair trial will be prejudiced;

(x) for victims and witnesses who are minor children or adults with disabilities to be provided by prosecutors with an orientation to the courtroom setting, court personnel and rules of the court, to the extent practicable under the circumstances; provided, however, that the prosecution shall confer with the victim or victims prior to the acceptance of a plea of guilty or admission to sufficient facts. Before the judge accepts a plea of guilty, an admission to sufficient facts, a disposition, or an agreed-upon sentence recommendation, the judge shall ask the prosecutor if the victim has been consulted regarding plea discussions, whether or not the victim agrees or disagrees with the plea discussions and agreement, if the victim was notified of the court date and is present, and if the victim would like to assert their right to offer a victim impact statement;

(y) for victims to be notified by the prosecutor that they have the right, pursuant to clause (k) of subsection 1 of section 178K of chapter 6 to provide the sex offender registry board with a convicted written impact statement for the board’s consideration in determining a sex offender’s classification; provided, however, that upon the specific request of the victim to the sex offender registry board, the sex offender registry board shall inform the victim of the sex offender’s: (i) registration and classification status; and (ii) the home, work and institution of higher education addresses of the sex offender regardless of the classification level and registration status of the offender;

(z) for victims and witnesses to be informed by the court, at the daily commencement of the regular criminal docket at which accused persons are arraigned, that a summary of their rights is posted and the location of the posting within the courthouse;

(aa) for the victims to be notified by the responding officer who has determined that a crime has been committed of the commission or attempted commission of violent acts and others as deemed appropriate by the responding officer of their rights under this chapter; provided, however, that unless the officer reasonably concludes that it is not practicable or safe to do so under the circumstances, the officer shall present a card prepared by the Massachusetts office for victim assistance in consultation with the victim and witness assistance board which shall include, but not be limited to, a summary of their rights under this chapter, relevant referrals to victim services and, pursuant to chapter 258C, referrals for victim compensation.SECTION 202. Said section 3 of said chapter 258B, as so appearing, is hereby further amended by adding the following paragraph:-

There shall be conspicuously posted in all courthouses and police stations a summary of the rights afforded under this section. The victim and witness assistance board, pursuant to section 4, shall devise and provide posters to satisfy this requirement to court officials and police station personnel, and, upon request and at the discretion of the office and board, to any other institution or organization to post and maintain in space accessible to the general public. The board shall develop the posters in a variety of languages as determined by the Massachusetts office for victim assistance. Upon request, the board will respond, to the extent possible, to any requests for additional language translations of the posters.

SECTION 203. Section 6 of said chapter 258B is hereby repealed.SECTION 204. Said chapter 258B is hereby further amended by striking out section 7, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 7. The district attorney, law enforcement agencies, social service agencies and court shall cooperate to afford victims and witnesses of crimes the rights and services described in this chapter. SECTION 205. The first paragraph of section 8 of said chapter 258B, as so appearing, is hereby amended by striking out the fifth, sixth and seventh sentences and inserting in place thereof the following sentence:- An assessment made pursuant to this section shall not be waived.

SECTION 206. Section 9 of said chapter 258B is hereby repealed.

SECTION 207. Section 27C of chapter 261 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-

(4) If the court makes a finding of indigency:

(1) in criminal cases, juvenile delinquency proceedings and youthful offender cases and in cases arising under chapter 123A, any request for normal or extra fees and costs shall first be submitted to the committee for public counsel services which shall be authorized to approve those requests; provided, however, that the committee shall authorize any request with respect to normal fees and costs and it any request with respect to extra fees and costs if the document, service or object is reasonably necessary to assure the applicant as effective a prosecution, defense or appeal as he would have if he were financially able to pay; provided further, that if the committee recommends that such an application be denied, in whole or in part, the request shall be referred for prompt hearing to the court in which the action is pending at the request of the applicant; provided further, that the committee shall make reasonable efforts to act on the application within 10 business days and, if the committee fails to act within 10 business days of the date the application was filed, the applicant may file a motion with the court in which the action is pending; provided further, that the court shall not deny a request or motion filed pursuant to this section if the document, service or object is reasonably necessary to assure the applicant as effective a prosecution, defense or appeal as he would have if he were financially able to pay; and provided further, that the court shall not deny a request without first holding a hearing thereon;

(2) in all other cases, a request for normal or extra fees shall be submitted to the court in which the action is pending; provided, however, that the court shall not deny a request with respect to normal fees and costs and with respect to extra fees and costs if it finds the document, service or object is reasonably necessary to assure the applicant as effective a prosecution, defense or appeal as he would have if he were financially able to pay; and provided further, that the court shall not deny a request without first holding a hearing thereon; and

(3) if there is an appeal pursuant to section 27D following a denial, the court shall, within 3 days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal.

SECTION 208. Said chapter 261 is hereby further amended by striking out section 27G, as so appearing, and inserting in place thereof the following section:-

Section 27G. The committee for public counsel services shall receive from an indigent party or the party’s attorney all bills and vouchers for a document, service or object rendered to that party for which payment by the commonwealth has been authorized pursuant to clause (a) of paragraph (4) of section 27C and shall make prompt payment thereon. The clerk shall receive from an indigent party or his attorney all bills and vouchers for any document, service or object rendered to that party for which an order for payment by the commonwealth has been issued pursuant to clause (b) of said paragraph (4) of said section 27C and shall transmit those bills and vouchers and an attested copy of the order to the committee for public counsel services which shall make prompt payment thereon.

SECTION 209. The first sentence of section 126A of chapter 266 of the General Laws, as so appearing, is hereby amended by adding the following words:- ; and provided further, that if the property marked, injured, marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community service.

SECTION 210. Said chapter 266 is hereby further amended by striking out section 142A.

SECTION 211. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

As used in this paragraph, the following words shall have the following meanings unless the context clearly requires otherwise:

“Ballistic knife”, a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas, but not including a device which propels an arrow or a bolt by means of a common bow, compound bow, crossbow or underwater speargun.

“Billy club”, a handheld instrument designed for striking another with concussive force including, but not limited to, a nightstick, tonfa, spring stick or telescoping metal baton.

“Blackjack”, a handheld instrument with a weighted end designed for striking with concussive force.

“Brass knuckles”, a set of metal finger rings or guards attached to a transverse piece and worn over the front of the doubled fist for use as a weapon and includes any such device whether made of brass or of some other metal or of another hard composite substance; provided, however, that “Brass knuckles” shall include a knuckle knife or brass knuckles attached to a blade.

“Butterfly knife”, a knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity or both.

“Dagger”, a bladed instrument designed for use as a weapon including, but not limited to, a dirk, stiletto, push knife, boot knife, combat knife or fighting knife.

“Disguised knife”, a knife designed so that it is not readily recognizable as a knife, and appears instead to be a non-threatening item such as a lipstick, pen, belt buckle, air gauge or other common item.

“Electrical weapon”, a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill including, but not limited to, a taser or stun gun.

“Knife”, a cutting or stabbing instrument of metal or other resilient substance including, but not limited to, a sword or machete.

“Leaded gloves”, gloves or other hand covering which are manufactured or modified to contain a weighted element such as lead shot, designed so that the wearer may strike another with enhanced force.

“Nunchaku”, 2 sticks of wood, plastic or metal connected at 1 end by a length of rope, chain, wire or leather and capable of striking another with force sufficient to cause injury.

“Switchblade knife”, a knife with an automatic spring release device by which the blade is released from the handle and having a blade of over 1½ inches.

“Throwing star”, a shuriken or other instrument with 1 or more sharp edges designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape for use as a weapon for throwing.

“Undetectable knife”, a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon and which is not detectable by a metal detector or magnetometer set at standard calibration.

Whoever, except as provided by law, carries on his person or under his control in a vehicle, a dagger, a knife having a double-edged blade, a ballistic knife, a switchblade knife, a butterfly knife, a disguised knife, an undetectable knife; a blackjack; a billy club, brass knuckles, leaded gloves, a nunchaku, a throwing star, an electrical weapon or any other knife having a blade length of greater than 3½ inches that is possessed during the commission of a crime or that is used or intended to be used in an assaultive or otherwise unlawful manner shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in a jail or house of correction for not more than 2½ years or by a fine of not more than $1,000, or both such fine and imprisonment. Whoever, after having been convicted of a felony in a state or federal court, violates this paragraph shall be punished by imprisonment for a mandatory minimum period of not less than 1 year if sentenced to a state prison or not less than a mandatory minimum of 6 months in sentenced to a jail or house of correction. The sentence shall not be suspended and a person so sentenced shall not be eligible for probation or receive a deduction from his sentence for good conduct. The court may also impose a fine of not more than $1,000 but the fine shall not be imposed in place of the mandatory minimum term of incarceration. Whoever violates this paragraph during the commission of a felony shall, in addition to the penalty for that felony, be punished by imprisonment for not less than a mandatory minimum period of 2½ years but not more than 10 years in the state prison or not less than a mandatory minimum of 2 years but not more than 2½ years in a jail or house of correction. The court may also impose a fine of not more than $5,000 but the fine shall not be imposed in place of the mandatory minimum term of incarceration.

Nothing in this paragraph shall prohibit possession of a device or weapon defined herein by: (i) a federal, state or municipal law enforcement officer or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility, acting in the discharge of their official duties who has completed a training course approved by the secretary of public safety in the use of such a device or weapon; (ii) military personnel who possess such devices or weapons as part of their official duties; or (iii) an authorized supplier of such devices or weapons if possession of the device or weapon is necessary to the supply or sale of the device or weapon within the scope of a legitimate sale or supply enterprise.SECTION 212 . Subsection (m) of section 22 of chapter 270 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(6) A local board of health or other municipal health department may make reasonable restrictions and requirements for the licensed operation of a smoking bar but it shall not unreasonably restrict or prohibit the operation of a smoking bar if the smoking bar complies with this chapter. SECTION 213. Chapter 276 of the General Laws is hereby amended by striking out section 83, as so appearing, and inserting in place thereof the following section:-

Section 83. Subject to appropriation, the commissioner of probation, subject to the approval by the chief justice for administration and management, may appoint, dismiss and assign such probation officers to the several sessions of the trial court as he deems necessary. In a court having 2 or more probation officers, the commissioner, subject to the approval of the chief justice for administration and management, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as he deems necessary for the effective administration of justice; provided, however, that the commissioner may suspend or discipline any such probation officer, who may appeal such suspension or discipline to the chief justice for administration and management or the commissioner may recommend the discharge of a probation officer to the chief justice for administration and management and the chief justice may discharge the probation officer after a hearing. The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in an applicable collective bargaining agreement.

SECTION 214. Section 98 of said chapter 276, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- There shall be a commissioner of probation, who shall have executive control and supervision of the probation service. The commissioner shall be appointed by the chief justice for administration and management for a term of 5 years and shall devote his full-time during business hours to the duties of his officeSECTION 215. Section 70C of chapter 277 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- This section may apply to a violator of chapter 140B½ once only; provided, however, that the violator who agrees to treat the violation as a civil offense shall be assessed a fine of $500, which fine shall not be waived; and provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the fine shall be forwarded to the state treasurer for deposit into the Secondary Metals Registry Trust Fund, established under section 35LL of chapter 10SECTION 216. Chapter 687 of the acts of 1955 is herby repealed. SECTION 217. Clause (n) of section 5 of chapter 614 of the acts of 1968 is hereby amended by striking out, in line 2, the words “its administrative” and inserting in place thereof the following words:- fees, administrative.

SECTION 218. Said section 5 of said chapter 614 is hereby further amended by inserting after clause (n) the following clause:-

(n1/2) to fund the capital reserves authorized under paragraph (g) of section 10 and to fund and administer loans and grant programs for community hospitals and community health centers;

SECTION 219. Section 10 of said chapter 614 is hereby amended by adding the following paragraph:-

(g) (1) For the benefit of nonprofit community hospitals and nonprofit community health centers licensed by the department of public health and meeting the definition of a community health center under 114.6 CMR 13.00 as either a community health center or a hospital licensed health center, the authority may create and establish special funds to be known as Community Hospital and Community Health Center Capital Reserve Funds and, to the extent so created, shall pay into each such fund any monies appropriated and made available by the commonwealth for the purposes of the fund, any proceeds from the sale of bonds or notes to the extent provided in the resolution, trust agreement or indenture of the authority authorizing issuance thereof, any other monies of the authority that the authority determines to deposit in the fund and any other monies which may be available to the authority only for the purpose of such fund from any other source . All monies held in the fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds of the authority which are secured by any such fund as the same mature, which shall include becoming payable by sinking fund installment, the purchase of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, however, that, monies in a Community Hospital and Community Health Center Capital Reserve Fund shall not be withdrawn at any time in such amount as would reduce the amount of the fund to less than the maximum amount of principal and interest maturing and becoming due in a succeeding calendar year on outstanding bonds which are secured by the fund, except for the purpose of paying the principal of and interest on such bonds maturing and becoming due or for the retirement of such bonds in accordance with the terms of a contract between the authority and its bondholders and for the payment of which other monies pledged to secure such bonds are not available. Any income or interest earned by, or increment to, a Community Hospital and Community Health Center Capital Reserve Fund due to the investment thereof shall be used by the authority for the purposes of the fund.

(2) The authority shall not issue bonds which are secured by a Community Hospital and Community Health Center Capital Reserve Fund at any time if the maximum amount of principal and interest maturing or becoming due in a succeeding calendar year on such bonds then to be issued and on all other outstanding bonds of the authority which are secured by a fund will exceed the amount of such Community Hospital and Community Health Center Capital Reserve Fund at the time of issuance unless the authority, at the time of issuance of such bonds, deposits in the fund from the proceeds of the bonds so to be issued, or otherwise, an amount which, together with the amount then in the fund, will be not less than the maximum amount of principal and interest maturing and becoming due in a succeeding calendar year on such bonds then to be issued and on all other outstanding bonds of the authority which are secured by any such fund.

(3) To assure the continued operation and solvency of the authority for the carrying out of the public purposes of this act, provision shall be made under subparagraph (2) for the accumulation in a Community Hospital and Community Health Center Capital Reserve Fund of an amount equal to the maximum amount of principal and interest maturing and becoming due in a succeeding calendar year on all outstanding bonds which are secured by any such fund. In order to further assure the maintenance of a Community Hospital and Community Health Center Capital Reserve Fund, there shall be appropriated annually and paid to the authority for deposit in the fund such sum, if any, as shall be certified by the executive director of the authority to the governor as necessary to restore the fund to an amount equal to the maximum amount of principal and interest maturing and becoming due in a succeeding calendar year on the outstanding bonds which are secured by any such fund. The executive director of the authority shall annually, on or before December 1, make and deliver to the governor a certificate stating the amount, if any, required to restore a Community Hospital and Community Health Center Capital Reserve Fund to the amount aforesaid and the amount so stated, if any, shall be appropriated and paid to the authority during the then current fiscal year of the commonwealth.

(4) For the purposes of this paragraph, in computing the amount of a Community Hospital and Community Health Center Capital Reserve Fund, securities in which all or a portion of the fund are invested shall be valued at par or, if purchased at less than par, at their cost to the authority unless otherwise provided in the resolution, trust agreement or indenture authorizing the issuance of bonds secured by the fund.

(5) For the purposes of this paragraph, the amount of a letter of credit, insurance contract, surety bond or similar financial undertaking available to be drawn upon and applied to obligations to which money in the Community Hospital and Community Health Center Capital Reserve Fund may be applied shall be counted as money in the fund. For the purposes of this paragraph, in calculating the maximum amount of interest due in the future on variable rate bonds with respect to which the interest rate is not at the time of calculation determinable, the interest rate shall be calculated at the maximum interest rate on such bonds or such lesser interest rate as shall be certified by the authority as an appropriate proxy for such variable or nondeterminable interest rate.

(6) Bonds secured by a Community Hospital and Community Health Center Capital Reserve Fund shall be issued by the authority solely for the benefit of nonprofit community hospitals and nonprofit community health centers licensed by the department of public health.

(7) Notwithstanding any provision of this act to the contrary, no loan shall be made by the authority to a nonprofit community hospital or nonprofit community health center from the proceeds of bonds secured by a Community Hospital and Community Health Center Capital Reserve Fund established under this paragraph unless: (i) the project to be financed by the loan has been approved by the secretary of health and human services; and (ii) the loan and the issuance and terms of the related bonds have been approved by the secretary of administration and finance. In connection with any loan to a nonprofit community hospital or nonprofit community health center pursuant to this paragraph, the secretary of health and human services and the secretary of administration and finance may enter into an agreement with the authority and the nonprofit community hospital or nonprofit community health center to: (a) require that the nonprofit community hospital or nonprofit community health center provide financial statements or other information relevant to the financial condition of the nonprofit community hospital or nonprofit community health center and its compliance with the terms of the loan; (b) require that the nonprofit community hospital or nonprofit community health center reimburse the commonwealth for any amounts the commonwealth transfers to the fund under subparagraph (3) to replenish the fund as a result of a loan payment default by the nonprofit community hospital or nonprofit community health center; and (c) require compliance by the nonprofit community hospital or nonprofit community health center or the authority with any other terms and conditions that the secretary of health and human services and the secretary of administration and finance considers appropriate in connection with the loan.

(8) When the authority notifies the secretary of administration and finance in writing that an institution eligible to use the authority under this paragraph is in default as to the payment of principal or interest on any bonds issued by the authority on behalf of that institution or that the authority has reasonable grounds to believe that the institution will not be able to make a full payment when that payment is due, the secretary of administration and finance shall direct the comptroller to withhold any funds in the comptroller’s custody that are due or payable to the institution until the amount of the principal or interest due or anticipated to be due has been paid to the authority or the trustee for the bondholders, or until the authority notifies the secretary of administration and finance that satisfactory arrangements have been made for the payment of the principal and interest. Funds subject to withholding under this subparagraph shall include, but not be limited to, federal and state grants, contracts, allocations and appropriations.

(9) If the authority further notifies the secretary of administration and finance in writing that no other arrangements are satisfactory, the secretary shall direct the comptroller to make available to the authority without further appropriation any funds withheld from the institution under subparagraph (8). The authority shall apply the funds to the costs incurred by the institution, including payments required to be made to the authority or trustee for any bondholders of debt service on any bonds issued by the authority for the institution or payments to replenish the Community Hospital and Community Health Center Capital Reserve Fund or required by the terms of any other law or contract to be paid to the holders or owners of bonds issued on behalf of the institution upon failure or default or upon reasonable expectation of failure or default of the institution to pay the principal or interest on its bonds when due.

(10) Concurrent with any notice from the authority to the secretary of administration and finance under this paragraph, the authority may notify any other agency, department or authority of state government that exercises regulatory, supervisory or statutory control over the operations of the institution. Upon notification, the agency, department or authority shall immediately undertake reviews to determine what action, if any, that agency, department or authority should undertake to assist in the payment by the institution of the money due or the steps that the agencies of the commonwealth, other than the comptroller or the authority, should take to assure the continued prudent operation of the institution or provision of services to the people served by the institution.

(11) Notwithstanding any general or special law to the contrary, in the event that a nonprofit community hospital or nonprofit community health center fails to reimburse the commonwealth for any transfers made by the commonwealth to the authority to replenish the Community Hospital and Community Health Center Capital Reserve Fund in accordance with subparagraph (3) within 6 months after any such transfer and as otherwise provided in accordance with the terms of the agreement among the nonprofit community hospital or nonprofit community health center, the authority and the commonwealth authorized under subparagraph (7), the secretary of administration and finance may, in his sole discretion, direct the comptroller to withhold any funds in the comptroller’s custody that are due or payable to the nonprofit community hospital or nonprofit community health center to cover all or a portion of the amount the nonprofit community hospital or nonprofit community health center has failed to pay to the commonwealth to reimburse the commonwealth for any such transfers. All contracts issued by the group insurance commission, the commonwealth health insurance connector authority and MassHealth to a third party for the purposes of providing health care insurance paid for by the commonwealth shall provide that, at the direction of the secretary of administration and finance, the third party shall withhold payments to a nonprofit community hospital or nonprofit community health center which fails to reimburse the commonwealth in accordance with the agreement authorized under subparagraph (8) and shall transfer the withheld amount to the commonwealth. Any such withheld amounts shall be considered to have been paid to the nonprofit community hospital or nonprofit community health center for all other purposes of law and the nonprofit community hospital or nonprofit community health center shall be considered to have reimbursed the commonwealth for all or a portion of any such transfers to the Community Hospital and Community Health Center Capital Reserve Fund for purposes of the agreement authorized under said subparagraph (8).

(12) For the purposes of this paragraph, a community hospital or community health center shall not include a hospital where the ratio of the number of physician residents-in-training to the number of inpatient beds exceeds 0.25.

SECTION 220. Section 12 of said chapter 614 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Except as otherwise provided in paragraph (g) of section 10, the issuance of revenue bonds under this act shall not directly, indirectly or contingently obligate the commonwealth or any political subdivision thereof to levy or to pledge any form of taxation therefor or to make any appropriation for payment of those bonds.SECTION 221. The third sentence of paragraph (i) of subsection (a) of subdivision (1) of section 4A of chapter 1078 of the acts of 1973, as appearing in section 14 of chapter 300 of the acts of 2002, is hereby amended by inserting after the word “SEIU” the following words:- New England PBA, I.U.P.A., AFL-CIO.SECTION 222. The first sentence of chapter 544 of the acts of 1976 is hereby amended by striking out the words “to be used as an intermediate care facility for the treatment of alcoholism and related conditions” and inserting in place thereof the following words:- to be used as a medical care facility.

SECTION 223, Said chapter 544 is hereby further amended by striking out the third and fourth paragraphs.

SECTION 224. Section 43 of chapter 206 of the acts of 1998 is hereby amended by inserting after the word “on”, in line 2, the following words:- a statistically significant number, as determined by the department in consultation with the waste site cleanup advisory committee, taking into account the need for audits to ensure a high level of compliance with this chapter and the Massachusetts contingency plan, and the need to target audit resources in the most efficient and effective manner.

SECTION 225. Subsection (a) of section 25 of chapter 45 of the acts of 2005 is hereby repealed.

SECTION 226. Section 144 of chapter 122 of the acts of 2006 is hereby amended by striking out, in lines 4 to 6, inclusive, the words ‘; provided, however, that no waiver or exemption shall be granted without the written approval of the secretary of administration and finance’.SECTION 227. Subsection (a) of section 103 of chapter 182 of the acts of 2008 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, using such competitive proposal process as the division considers necessary or appropriate, may lease and enter into other agreements, for terms not to exceed 25 years with 1 or more operators, for the Ponkapoag Golf Course in the town of Canton so as to provide for the continued use, operation, maintenance, repair and improvement of the golf courses, practice greens, driving range, restaurant and any other structure and associated lands which constitute the facilities of the Ponkapoag Golf Course; provided, however, that the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall give priority to a proposal submitted by the town of Canton or by a nonprofit organization within the town of Canton which complies with the requirements of this section. The division of capital asset management and maintenance shall provide the town of Canton with not less than 120 days to determine whether the town shall submit a proposal before soliciting proposals under subsection (b); and provided further, that if the town of Canton executes a lease of the golf course under this section it shall not assign or otherwise transfer the lease to a third party.

SECTION 228. Subsection (b) of said section 103 of said chapter 182 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

If no lease agreement is reached with the town of Canton under subsection (a) before April 1, 2011, the division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract including, but not limited to: (1) a comprehensive list of all recreational facilities operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) a senior citizens’ and children’s discount program; (4) reservation policies; (5) proposed reasonable rates that ensure continued public access; (6) required financial audits; (7) policies to encourage use of the golf course by persons of all races and nationalities; (8) safety and security plans; (9) seasonal opening and closing dates; (10) hours of operation; (11) holiday recognition; (12) grievance processes; (13) clubhouse license; (14) a provision that the facility shall be maintained as a 36-hole public golf course; (15) a provision that the lessee shall not construct facilities on the grounds of the golf course or any property appurtenant thereto; provided, however, that the lessee may construct facilities with the written approval of the commissioner of conservation and recreation and the majority vote of the board of selectmen in the town of Canton; and (16) a host community agreement between the designated operator and the town of Canton. Any increase in fees, including fees for season passes and club memberships, and any increase in charges for greens’ fees or golf cart or club rentals shall be approved in writing by the commissioner of conservation and recreation; provided, however, that in considering any request for an increase in fees, the commissioner shall consider, without limitation: (i) any capital investment made by the contractor or lessee; (ii) the fees and charges at other public golf courses within reasonable proximity; and (iii) the length of time since the last fee increase.

SECTION 229. Section 2 of chapter 229 of the acts of 2008 is hereby repealed.SECTION 230. Chapter 453 of the acts of 2008 is hereby amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. Section 3 shall take effect on September 30, 2011, and section 4 shall take effect on July 1, 2010.

SECTION 231. Section 23 of chapter 21 of the acts of 2009 is hereby amended by adding the following 2 sentences:- The retirement allowance of any retired member which included in the calculation of such allowance amounts paid as clothing allowance upon which contributions were made shall not be reduced, modified or changed because of the inclusion of such clothing allowance payments. Notwithstanding any special or general law to the contrary, any amount paid to an active member for clothing allowance upon which contributions were made and included in any applicable collective bargaining agreement or individual contract for employment in effect on May 1, 2009, shall continue to be included in the definition of “regular compensation” during the term of that collective bargaining agreement or contract; provided, however, that any such amount, benefit or payment received after June 30, 2012 shall not be considered regular compensation.SECTION 232. Item 7003-0701 of section 2 of chapter 27 of the acts of 2009 is hereby amended by inserting after the words “private investment in job training” the following words:- ; provided further, that the unspent balance in this item shall be available in fiscal year 2011 in addition to any amount previously appropriated herein.SECTION 233. Chapter 28 of the acts of 2009 is hereby amended by striking out section 106 and inserting in place thereof the following 3 sections:-

Section 106. Sections 17, 19 and 20 shall take effect on November 1, 2010.

Section 106A. Sections 20 to 24, inclusive, of chapter 30A of the General Laws, inserted by section 18, shall take effect on November 1, 2010.

Section 106B. Sections 18, 19 and 25 of chapter 30A of the General Laws, inserted by said section 18, shall take effect on July 1, 2010.SECTION 234. Section 1 of chapter 59 of the acts of 2009 is hereby amended by striking out the definition of “Plan” and inserting in place thereof the following definition:-

"Plan", a reuse or visioning plan prepared by the division in consultation with the MDC committee and the TDC committee which shall be approved by the commissioner and filed in accordance with section 2; provided, however, that the plan may be enhanced, refined or amended from time to time as provided in this section and shall include uses for department programs, uses that promote environmental preservation, open space and any other use found to be appropriate by the commissioner, town and committee.

SECTION 235. Said section 1 of said chapter 59 is hereby further amended by striking out the definition of “TDC committee” and inserting in place thereof the following definition:-

“TDC committee”, the Templeton Developmental Center Visioning Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; 1 representative of the employees of the Templeton Development Center; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center; provided, however, that the members, other than the members who are representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.

SECTION 236. Section 2 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The TDC committee and MDC committee shall submit their recommendations for the reuse or visioning plans with the commissioner within 180 days after the division provides a local polling package to the town.

SECTION 237. Said chapter 59 is hereby further amended by inserting after section 2 the following section:-

Section 2A. The TDC committee shall evaluate and make recommendations to the commissioner on the use of the TDC site including, but not limited to, the continued use of the site as a state facility or other alternative uses for the TDC site. The TDC committee shall inform the town’s governing authority and the local community periodically of its proposals and decisions relevant to the use of the TDC site.

SECTION 238. The first sentence of section 3 of said chapter 59 is hereby amended by inserting after the word “reuse” the following words: - or visioning.

SECTION 239. Section 4 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The right of first refusal shall be exercised, if at all, by the affected town by giving written notice of the town’s intention to acquire the property to the division within 180 days after the completion and submission of the plan.

SECTION 240. Section 5 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The commissioner shall seek advice from the appropriate reuse or visioning committee prior to the implementation of any action.

SECTION 241. Said chapter 59 is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. The department of developmental services, with the approval of the commissioner, may enter into contracts for the provision of building management services for buildings and facilities located on the site as deemed necessary by the commissioner and the reuse or visioning committee.

SECTION 242. Notwithstanding the third paragraph of section 6 of chapter 116 of the acts of 2002, members of the retirement system of a political subdivision who were eligible to apply for creditable service pursuant to said third paragraph of said section 6 of said chapter 116 but failed to do so within 180 days of the acceptance of that act by the local legislative body may apply for such creditable service within 180 days of a vote by the local legislative body to allow members an additional period of time to apply for such creditable service pursuant to this section; provided, however, that a local legislative body may vote to allow this additional time period only once.

SECTION 243. (a) In order to facilitate the reuse of the properties identified in subsection (b) and to generate non-tax revenues for the commonwealth, the commissioner of capital asset management and maintenance may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws but notwithstanding any other general or special law to the contrary, sell, lease for terms up to 99 years including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in any of those properties, or portions thereof, subject to this section and any terms and conditions that the commissioner considers appropriate. The commissioner shall dispose of each property, or portions thereof, utilizing appropriate competitive processes and procedures. At least 30 days before the date on which bids, proposals or other offers to purchase or lease a property, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary under section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive bidding process and other information that he considers relevant, including the time, place and manner for the submission of bids and proposals and the opening of the bids.

(b) Properties available for re-use under this section:-

(1) a certain parcel of land located in the town of Agawam at 702 South Westfield street, containing approximately 4 acres, together with any buildings and structures thereon, formerly known as the western Massachusetts criminal justice training center, described in book 915, page 453, in the Hampden county registry of deeds, and further shown on Agawam assessors map E4, lot 12;

(2) a certain parcel of land located in the town of Belchertown at 205 State street, containing approximately 7.5 acres, together with any buildings and structures thereon;

(3) certain parcels of land located in the East Boston section of the city of Boston at 20 Addison street and 600 Chelsea street, together with any buildings and structures thereon, shown as Lot 1 and Lot 3 on a plan entitled "East Boston Electric Shop, Central Maintenance Facility, Plan of Land Located in East Boston, Massachusetts, Suffolk County," prepared by Bryant Associates, Inc., dated February 7, 2002, revision date May 28, 2002, on file with the division, with the benefit of certain easements and appurtenances thereto as shown on said plan;

(4) certain parcels of land located in the Roxbury section of the city of Boston at 167 Centre street, containing approximately 8,496 square feet, together with any buildings and structures thereon, shown as Assessor's Block 55 bounded by Columbus avenue, New Heath street and Penryth street and shown as Assessor's Block 56 bounded by Columbus avenue, Centre street and Penryth street;

(5) a certain parcel of land located in the city of Chelsea at 24 Hillside avenue, containing approximately 0.15 acres, together with any buildings and structures thereon;

(6) a certain parcel of land located in the town of Danvers at 471 Maple street, containing approximately 0.367 acres, together with any buildings and structures thereon;

(7) a certain parcel of land located in town of Dartmouth at 262 State road, containing approximately 0.75 acres, together with any buildings and structures thereon, formerly known as the state police barracks;

(8) a certain parcel of land located in the town of Foxborough at 32 Payson road, together with any buildings and structures thereon;

(9) a certain parcel of land located in the town of Foxborough on Walnut street, containing approximately 16 acres, together with any buildings and structures thereon;

(10) a certain parcel of land located in the city of Lawrence at 381 Common street, together with any buildings and structures thereon, formerly known as the Essex north district registry of deeds;

(11) a certain parcel of land located in the town of Marlborough at 525 Maple street, containing approximately 0.95 acres, together with any buildings and structures thereon, formerly known as the registry of motor vehicles;

(12) a certain parcel of land located in the town of Middleboro, containing approximately 34 acres of land, located northeasterly off Plymouth Street as shown on Middleborough Assessor’s Map 21, parcels 993, 1111, 1842 and 2651, together with any buildings or structures thereon;

(13) a certain parcel of land located in the city of New Bedford at 593 Kempton street, together with any buildings and structures thereon, formerly known as the Bristol county jail, described in book 2659, page 15, in the Bristol county registry of deeds, and further shown on New Bedford assessors map 57, lot 201;

(14) a certain parcel of land located in the city of New Bedford at 5 Sycamore street, together with any buildings and structures thereon formerly known as the New Bedford armory;

(15) a certain parcel of land located in the town of Norton between the east side of Hill street and the southerly side of South Washington street, containing approximately 45 acres, together with any buildings and structures thereon, being a portion of a parcel of land identified as "Area To Be Retained 63.9 Acres" shown on a plan entitled "Plan Showing Land In Norton, Mass. To Be Conveyed By The Commonwealth of Mass. To The Town Of Norton" on file with the division of capital asset management and maintenance;

(16) a certain parcel of land located in the town of Plymouth at 76 Court street together with any buildings and structures thereon, formerly known as the armory;

(17) a certain parcel of land located in the city of Pittsfield at 359 East street, together with any buildings and structures thereon, formerly known as the "William Russell Allen House";

(18) a certain parcel of land located in the city of Springfield at 288 Tyler street containing approximately 0.25 acres, together with any buildings and structures thereon.;

(19) a certain parcel of land located in the town of West Boylston containing approximately 20 acres, together with any buildings and structures thereon, formerly known as the county hospital; and

(20) certain parcels of land located at the former Lyman School For Boys in the town of Westborough, together with any buildings and structures thereon, designated as parcels B, C, D, G and J, as generally defined and described in sections 2, 3, 4, 7 and 10 of chapter 660 of the acts of 1987.

(c) The exact boundaries of the parcels described in subsection (b) shall be determined by the commissioner of capital asset management and maintenance after completion of a survey.

(d) Notwithstanding any general or special law to the contrary, the grantee or lessee of any property identified in subsection (b) shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyances and transfers authorized in this section as such costs may be determined by the commissioner of capital asset management and maintenance.

(e) The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across any of the parcels and across other commonwealth property contiguous to any of the parcels, and the commonwealth may accept from a developer such rights of way or easements in roadways or across any of the parcels to be conveyed or transferred for access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out this section.

(f) Each parcel shall to be conveyed or leased shall be conveyed or leased without warranties or representations by the commonwealth. Notwithstanding any general or special law to the contrary, the proceeds of all conveyances and transfers under this section shall be deposited in the General Fund.

(g) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance may transfer to the Massachusetts department of transportation care and custody of a portion of that certain parcel of land designated as parcel L in section 12 of chapter 660 of the acts of 1987. This transfer shall be subject to easements or restrictions that the commissioner may select, shall be without consideration, and shall not be subject to chapter 7 of the General Laws.

SECTION 244. Chapter 421 of the acts of 1991 is repealed.

SECTION 245. Chapter 305 of the acts of 1994 is repealed.

SECTION 246. Section 8 of chapter 324 of the acts of 1987 is hereby amended by striking out the word "July", inserted by section 302 of chapter 159 of the acts of 2000, and inserting in place thereof the following word:- August.”SECTION 247. Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer to the General Fund the unexpended balance of a fund, trust fund or other separate account, in existence on April 1, 2010, whether established administratively or by law, including a separate account established under section 6 of chapter 6A of the General Laws or section 4F of chapter 7 of the General Laws; provided, however, that the secretary and comptroller shall report to the house and senate committees on ways and means 45 days before any transfer. The request shall certify that the secretary, in consultation with the comptroller, has determined this balance not to be necessary for the purposes for which it was made available.

SECTION 248. Notwithstanding any general or special law to the contrary, the attorney general shall establish a 2-year pilot program to implement a “Massachusetts abandoned property registry”, hereinafter referred to as MAP. The registry shall require all property owners, including lenders, trustees, and service companies, to properly register and maintain vacant and/or foreclosing properties located in the state.

The attorney general shall have enforcement authority of the pilot program, and shall establish rules governing the implementation and administration of the MAP pilot program.

The MAP pilot program shall be implemented 120 days after the effective date of this section, and shall expire 2 years thereafter.SECTION 249. (a) Notwithstanding any general or special law to the contrary, a state agency that purchases drug testing equipment shall purchase the equipment through the use of the statewide contract maintained by the operational services division if it is the most cost-efficient means of purchase.

(b) Notwithstanding any general or special law to the contrary, a state agency that purchases electronic monitoring devices including, but not limited to, global positioning systems, shall purchase the equipment through the use of the contract maintained by the commissioner of probation if the terms of that contract provide the most cost-efficient means of purchase and does not present any undue risk to public safety and includes the use of a dual monitoring platform to address potential for lapse of coverage due to the absence of cellular service; provided, however, that the operational services division shall conduct a study to determine the feasibility of creating a statewide contract for the devices.

SECTION 250. (a) The public employee retirement administration commission, as established by section 49 of chapter 7 of the general laws, shall appoint a receiver to conduct and oversee the functions of the Essex regional retirement board, hereinafter referred to as the board. The receiver shall be a person with expertise relevant to the administration of a retirement system. The commission shall appoint the receiver for a period not to exceed 1 year; provided, however, that the commission may, on a date not more than 6 months but not less than 3 months prior to the expiration of the receiver’s appointment, extend the receiver’s appointment, effective at the end date of the original appointment, for not more than 1 year; provided further, that upon an extension, the commission shall notify the joint committee on public service; and provided further, that the commission shall authorize no more than 1 such extension. The commission may at any time, with or without cause, remove the receiver and appoint a successor or terminate the receivership. The commission shall determine the salary of the receiver, which salary shall be paid by the board.

(b) The purpose of the receivership shall be to restore sound and prudent management practices to the board. A receiver appointed pursuant to this section shall not take any actions inconsistent with this purpose.

(1) to appoint, remove, supervise and direct all employees of the board, to exercise any function or power of any employee and have control over all personnel matters;

(2) to supervise and direct all members of the board and to exercise any function or power of the board, except as otherwise provided in this section;

(3) to remove, for cause, any member of the board; provided, however, that before removal, the receiver shall provide not less than 30 days’ notice to the member; provided further, that a member to whom the receiver provides notice to remove shall have the right to appeal the removal to the commission, who shall promptly hear the appeal and may overrule the receiver if the commission finds that there was no cause for removal. If a member is removed, the member’s seat shall be vacant and an election to fill the seat shall be conducted under section 19 of chapter 34B of the General Laws; provided, however, that with respect to the fifth seat on the board, the receiver shall not direct the members to vote for or against any candidate;

(4) to subpoena from the board or system or from any member or employee of the board, documents, files or other item prepared for the system or board and which the receiver considers useful in conducting the receiver’s duties;

(5) to promulgate rules and regulations governing the operation and administration of the board;

(6) to alter or rescind any action or decision of the board or of its employees within 14 days of receipt of notice of such action or decision;

(7) to otherwise oversee and discharge any other duties, responsibilities and powers of the board as described in subdivision (5) of section 20 of chapter 32 of the General Laws; provided, however, that the receiver may delegate or otherwise assign these powers with the approval of the commission.

(d) Employees and members of the board shall continue to discharge their duties, subject to rules, regulations, decisions and policies that the receiver may make or implement.

(e) The receiver shall report not less than quarterly to the commission on the receiver’s actions, the status of the retirement system and any recommendations for further regulatory or legislative modifications and shall, not less than 6 months before the receiver’s appointment is scheduled to expire, indicate to the commission whether an extension of the receivership is warranted.

(f) The receiver shall be immune from civil liability arising from the exercise of the receiver’s duties.

(g) Upon the expiration of the receiver’s appointment, all seats on the board shall be considered vacant and new elections shall be held under section 19A of chapter 34B of the General Laws; provided, however, that members of the board in place at the time of expiration shall continue in their duties until new members are elected and installed; provided further, that this section shall not be construed to prohibit serving members of the board or members removed by the receiver from being a candidate for these elections.

(h) Notwithstanding any general or special law to the contrary, no receiver for the board shall be eligible to serve as an employee of the board after the receiver’s appointment has expired.

SECTION 251. Notwithstanding any general or special law to the contrary, section 22 shall take effect upon the Essex regional retirement board under subsection (b) of section 19A of chapter 34 of the General Laws and the Essex regional retirement board advisory council under subsection (i) of said section 19A of said chapter 34 being elected, selected or appointed under the requirements of said section 19A of said chapter 34; provided, however, that until the Essex regional retirement board and the Essex regional retirement board advisory council are operating, the abolished county’s retirement board and retirement board advisory council and its members shall continue to serve.SECTION 252. Notwithstanding any general or special law to the contrary, the members of the commission established by section 6 of chapter 54 of the acts of 2005, shall be appointed not later than October 1, 2010 and shall commence work by November 1, 2010; provided, however, that the commission shall file the first annual report regarding the commission’s activities and any legislative recommendations to the house and senate committees on ways and means not later than April 1, 2011; and provided further, that subsequent annual reports shall be filed with the house and senate committees on ways and means not later than December 31 of each year.

SECTION 253. (a) Notwithstanding any other general law or special law to the contrary, there shall be a Massachusetts risk assessment commission which shall create and implement a unified risk assessment tool for the purpose of evaluating individuals for court ordered or post-release supervision.

(b) The Massachusetts risk assessment commission shall consist of the following members or their designees: the Attorney General, who shall serve as chair; the commissioner of probation; the chief justice of administration and management of the department of the trial court; the executive director of community corrections; the secretary of public safety and security; the chairman of the parole board; the commissioner of the department of corrections; the president of the Massachusetts Sheriff’s Association; the president of the Massachusetts District Attorneys Association; the chief counsel for the committee for public counsel services; and a licensed forensic psychologist to be appointed by the governor.

(c) In developing the unified risk assessment tool the commission shall take into account current academic research, American Parole and Probation Association recommendations on risk assessment, the risk assessment procedures and processes of other states, existing risk assessment tools in the commonwealth and the cost of implementation.

(d) The commission shall commence work not later October 1, 2010 and shall complete work not later than April 1, 2011, with recommendations for the implementation of a unified risk assessment tool for the executive office of public safety and security, the trial court, the office of probation, the office of community corrections and sheriffs.

SECTION 254. (a) The Massachusetts Department of Transportation shall prepare and issue a plan for an intercity high-speed rail network that includes recommendations for the development and implementation of a high-speed rail system; provided, however, that the recommendations shall consider federal, state and local activities necessary to implement the plan.

(b) The Massachusetts Department of Transportation may, to the extent feasible, coordinate high-speed rail planning activities with the transportation departments of other New England states, in order to streamline plans, policies, priorities, possible funding mechanisms and timelines for the development of high-speed rail. The Department shall utilize and build upon, with the goal of improvement, any previously developed passenger or high-speed rail plans to meet the reporting deadline; provided, however, that the plan shall include preliminary recommendations for the implementation of the best design, construction, operation, and maintenance for an intercity high-speed rail-system with connections to bordering states and Canadian provinces. The plan shall comply with federal guidelines, definitions and recommendations including those provided by the United States department of Transportation’s vision for high-speed rail in America; provided, however, that the plan shall include recommendations for integrating the high-speed rail system into existing and planned Amtrak expansions, airports, and public transportation systems. The plan shall include recommendations for possible funding sources, including private capital, revenue bonds and a specific structure for public-private partnerships; provided, however, that the plan shall include specific recommendations including any necessary state or federal legislation or regulations required to implement the recommended high-speed rail system. The department shall provide its report to the governor, the house and senate committees on ways and means, the joint committee on transportation, and published on the Massachusetts Department of Transportation website not later than May 2, 2011.

(c) After the May 2, 2011 reporting deadline, the department shall provide, a supplemental report; provided, however, that the supplemental report shall include public and stakeholder input on recommendations related to the building, designing, maintaining, operating and financing of a high-speed intercity rail system with connections to bordering states and Canadian provinces; provided further, that the department will to the extent possible, consult and coordinate with the transportation departments of other New England states and bordering Canadian provinces; provided further, that the department shall hold at least 1 public hearing to receive testimony from global high-speed rail operators, including without limitation to Amtrak; provided further, that the plan must include the solicitation and receipt of formal expressions of interest and other testimony from global high-speed rail operators including without limitation to Amtrak; provided further, that representatives of New England states shall be invited and encouraged to attend the public hearing and provide testimony; and provided further, that the supplemental report shall be filed with the governor, the house and senate committees on ways and means, the joint committee on transportation and published on the Massachusetts Department of Transportation website not later than January 30, 2012.

SECTION 255. Notwithstanding any general or special law to the contrary, not later than October 1, 2010 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws, the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2010. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2011, the amount of the transfer authorized by this section and any allocation thereof as certified by the director of the health safety net office.

SECTION 256. (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 in the University of Massachusetts system and the board of trustees for the University of Massachusetts shall promulgate regulations to allow the administration of each campus to retain all tuition paid by students who are not residents of the commonwealth. The regulations shall ensure that no resident of the commonwealth is denied admission to any campus as a result of the tuition retention program.

(b) All out-of-state tuition and fees received by the board of trustees at Bridgewater State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund 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 out-of-state tuition and fees received by the board of trustees at Fitchburg State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund 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 out-of-state tuition and fees received by the board of trustees at Framingham State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund 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) All out-of-state tuition and fees received by the board of trustees at Salem State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(f) All out-of-state tuition and fees received by the board of trustees at Westfield State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(g) All out-of-state tuition and fees received by the board of trustees at Worcester State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(h) All out-of-state tuition and fees received by the board of trustees at Berkshire Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(i) All out-of-state tuition and fees received by the board of trustees at Bristol Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(j) All out-of-state tuition and fees received by the board of trustees at Bunker Hill Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(k) All out-of-state tuition and fees received by the board of trustees at Cape Cod Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(l) All out-of-state tuition and fees received by the board of trustees at Greenfield Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(m) All out-of-state tuition and fees received by the board of trustees at Holyoke Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(n) All out-of-state tuition and fees received by the board of trustees at Massachusetts Bay Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(o) All out-of-state tuition and fees received by the board of trustees at Massasoit Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(p) All out-of-state tuition and fees received by the board of trustees at Middlesex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(q) All out-of-state tuition and fees received by the board of trustees at Mount Wachusett Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(r) All out-of-state tuition and fees received by the board of trustees at North Shore Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(s) All out-of-state tuition and fees received by the board of trustees at Northern Essex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(t) All out-of-state tuition and fees received by the board of trustees at Quinsigamond Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(u) All out-of-state tuition and fees received by the board of trustees at Roxbury Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(v) All out-of-state tuition and fees received by the board of trustees at Springfield Technical Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.

(w) 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 system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College, as a direct result of the implementation of this section.

(x) The respective boards of trustees for the University of Massachusetts system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College, and Springfield Technical Community College shall each issue an annual report on the progress of this initiative not later than February 1 of each year to the 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 257. Notwithstanding any general or special law to the contrary, all secretariats, departments and agencies required to report under this act shall file their reports by the date named in this act via electronic means to the chairs of any committees named as recipients as well as with the clerks of the house and senate; provided, however, that the house and senate clerks shall develop procedures and requirements for secretariats, departments and agencies for the preparation of the reports to facilitate their collection and storage and they shall be made available to the public via the legislature’s website.

SECTION 258. Notwithstanding any general or special law or rule or regulation to the contrary, all branches of government, any agency, department, quasi-state agency or entity of the commonwealth required by law to file an annual, semi-annual, quarterly or a financial report shall make such report available online. The annual report shall be conspicuous and accessible online and there shall be an archive of all annual reports available online. Any entity that is required by law to receive such report shall be notified by written hard copy format of the availability of such report online and the means of accessing the report. An agency, department, quasi-state agency or any entity of the commonwealth shall provide a copy in hard copy format of any annual report upon request. Compliance with this section shall fulfill any filing requirement established by any general or special law.SECTION 259. (a) Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer $33,500,000 from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust to the General Fund.

(b)Notwithstanding chapter 169 of the acts of 2004 or any other general or special law to the contrary, the balance left in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust after taking this transfer into account shall be used exclusively for the funding of the Springfield Promise Program; provided, however, that the funds remaining in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust shall be deposited into a new expendable trust to be created and administered by the city of Springfield, to be called the City of Springfield Promise Program Expendable Trust; and provided further, that funds in the City of Springfield Promise Program Expendable Trust shall not be used for any purpose other than funding of the Springfield Promise Program, including its administrative costs.

(c) Any amount transferred from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust under subsections (a) and (b) shall be considered as an amount repaid to reduce a loan balance under section 2 of said chapter 169 and section 2 of chapter 468 of the acts of 2008.

SECTION 260. (a) Notwithstanding any general or special law to the contrary, any restriction on use of, and any reversionary interest held by the commonwealth on, the parcel designated as the Walnut Lodge property in paragraph 1 of chapter 544 of the acts of 1976 conveyed to Norwood Hospital, now Caritas Norwood Hospital, Inc., on June 20, 1978, are hereby released.

(b) For the purposes of this act “Caritas Norwood Hospital, Inc. or its successors” shall mean Caritas Norwood Hospital Inc. or any person, group or entity that purchases all, or substantially all, of the assets of Caritas Christi Healthcare System or all, or substantially all, of the assets of Caritas Norwood Hospital, Inc., including any subsequent purchasers, whether such purchase is effected by sale, merger or otherwise.

(c) In consideration for the releases set forth in subsection (a), Caritas Norwood Hospital, Inc., or its successors, shall maintain services for the treatment of alcoholism and related conditions at the Walnut Lodge property or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital, Inc. and upon any disposition of said Walnut Lodge property by Caritas Norwood Hospital, or its successors, 50 per cent of the gross proceeds from the sale, lease or other disposition of said parcel shall be paid by the seller to the commonwealth acting by and through the commissioner of capital asset management and maintenance. For the purposes of this section, “gross proceeds” shall mean all payments paid to Caritas Norwood Hospital, Inc. or its successors, as and when paid, by a transferee who shall not use the property as a medical care facility. Under any change of use by Caritas Norwood Hospital, Inc. or any successor thereto, if said Walnut Lodge property, or any portion thereof, ceases to be used for the treatment of alcoholism and related conditions or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital Inc., then Caritas Norwood Hospital, Inc. or any successor thereto, shall pay to the commonwealth, acting by and through the commissioner of capital asset management and maintenance, the sum of 50 per cent of the assessed valuation of the land included in such change of use, as such assessment valuation appears on the real estate tax assessment listing maintained by the assessors of the town of Foxborough for the fiscal year in which such change of use occurs. Nothing in this section shall restrict the transfer or conveyance of said property, or any portion thereof, for use as a medical care facility.SECTION 261. The following agencies or authorities shall contribute the amounts below for programs or services in fiscal year 2011:

(a) The Massachusetts Housing Finance Authority, $2,700,000 for the Massachusetts rental voucher program;

(b) The Massachusetts Development Finance Authority, $3,000,000 for the Massachusetts cultural council, $700,000 for Massachusetts office of business development small business technical assistance grants and $335,000 for the permitting office;

(d) The Massachusetts Housing Partnership, $2,000,000 for the Soft Second Mortgage Program;

(e) The Massachusetts Convention Center Authority, $5,000,000 for the Office of Travel and Tourism Marketing Program;

(f) The Massachusetts Technology Collaborative, $500,000 for Massachusetts science, technology, engineering, and mathematics grants, $300,000 for the office of trade, $500,000 for innovation initiatives and $275,000 for the department of housing and economic development’s broadband initiative;

(h) The University of Massachusetts, $541,000 for the Collins Center;

(i) The Massachusetts Life Sciences Center, $210,000 for the Massachusetts Biotech Research Institute.SECTION 262. Notwithstanding any general or special law to the contrary, federal grant funds in items 7061-0004 and 7061-0005 distributed to school districts in fiscal year 2011 through the State Fiscal Stabilization Fund under Title XIV of the American Reinvestment and Recovery Act of 2009 shall not be subject to indirect charges under section 32A of chapter 35 of the General Laws and section 5D of chapter 40 of the General Laws. Subsection (f) of section 6B of chapter 29 of the General Laws shall not apply to these funds. School districts shall continue to provide for and make contributions to appropriate pension funds, as required by paragraph (c) of subdivision (7) of section 22 of chapter 32 of the General Laws, for employees whose salaries are paid from these federal funds in the same manner as contributions are made when receiving state education aid under chapter 70 of the General Laws.

SECTION 263. Notwithstanding any general or special law to the contrary, the division of marine fisheries shall adopt size regulations relative to the possession and sale of oysters produced under the authority of an aquaculture or propagation permit issued by said division. Such regulations shall take into account market needs and economic opportunities. The division shall adopt the regulations required by this section not later than December 31, 2010.SECTION 264. Notwithstanding clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 29, 2011, transfer funds from any item of appropriation within the trial court to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (1) the amount of money transferred from any item of appropriation to any other item of appropriation; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.

SECTION 265. Notwithstanding section 1 of chapter 29D of the General Laws or any general or special law to the contrary, all payments received by the commonwealth in fiscal year 2011 pursuant to the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378, shall be deposited in the General Fund. The comptroller shall transfer all the earnings generated in fiscal year 2011 from the Health Care Security Trust Fund, as certified under subsection (f) of section 3 of said chapter 29D, to the General Fund.

SECTION 266. Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2010 under section 7 of chapter 118G of the General Laws may be developed using the costs of calendar year 2005.

SECTION 267. Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2011.

SECTION 268. (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2010 by transferring: (i) $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (ii) the remaining balance from the General Fund to the Commonwealth Stabilization Fund.

(b) All transfers pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, but no such transfer shall cause a deficit in any of the funds.

SECTION 269. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a chronic disease management program for members enrolled in the MassHealth primary care clinician program to better manage and improve the quality of care for members suffering from chronic conditions. The chronic disease management program shall be designed to ensure a financial return on investment in fiscal year 2011 through the reduction of health care costs for patients with chronic diseases. Any contract with a private vendor to provide disease management services shall include a requirement that such vendor share the risk for its fees if return on investment targets are not met. The executive office shall pursue any opportunities for federal grants to support funding this program.

The executive office shall submit to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means a report on the status of this program including, but not limited to data detailing adherence to evidence-based guidelines, hospital admission rates, emergency room utilization, clinical outcomes and cost effectiveness of the program not later than December 31, 2012.

SECTION 270. Notwithstanding any general or special law to the contrary, the nursing home assessment required by subsection (b) of section 25 of chapter 118G of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2011.

SECTION 271. Notwithstanding any general or special law to the contrary, the executive office of health and human services, acting in its capacity as the single state agency under Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office and other federally-assisted programs administered by the executive office, may enter into interdepartmental services agreements with the University of Massachusetts Medical School to perform activities that the secretary of health and human services, in consultation with the comptroller, determines appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to support the programs and activities of the executive office. The activities may include: (1) providing administrative services including, but not limited to, providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing 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 the university provides under these interdepartmental service agreements or other contracts with the executive office shall be distributed to the university and recorded distinctly in the state accounting system. The secretary may negotiate contingency fees for activities and services related to pursuing federal reimbursement or avoiding costs and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not exceed 3 years and shall not be renewed without prior review and approval from the executive office for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2011; provided, however, that contingency fees paid to the University of Massachusetts Medical School under the terms of an interagency service agreement for recoveries related to the special disability workload projects shall be excluded from that $40,000,000 limit for fiscal year 2011. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house 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 expended on personnel and the amount of federal reimbursement and recoupment payments that the university collected.

SECTION 272. Notwithstanding any general or special law to the contrary, the commonwealth’s state and community colleges shall not give preference for placement to applicants in enrollment or in any program based on the applicant’s payment in excess of tuition and fees.

SECTION 273. (a) Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the feasibility of transferring the bureau of forest fire control under the department of conservation and recreation to the department of fire services. The commission shall consist of 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on public safety and homeland security, 1 of whom shall be the senate chair of the joint committee on environment, natural resources and agriculture, and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the senate shall be designated as co-chair of the commission; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on public safety and homeland security, 1 of whom shall be the house chair of the joint committee on environment, natural resources and agriculture and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the house shall be designated as co-chair of the commission; the secretary of the executive office of administration and finance, or his designee; the secretary of the executive office of public safety and security, or her designee; the secretary of the executive office of energy and environmental affairs, or his designee; a representative of the Massachusetts Forest Fire Council; and a representative of the wildland interface committee of the International Association of Fire Chiefs.

(b) The special commission shall make an investigation and study of the bureau of forest fire control including, but not limited to: (1) the feasibility of transferring the bureau from the department of conservation and recreation to the department of fire services, including the impact on personnel, the seasonal employment program, equipment, collective bargaining agreements and federal grant funding; (2) a determination of adequate staffing levels for the observation towers during the high season for forest fires; and (3) any other matters that the special commission considers relevant to the fulfillment of its mission and purpose.

(c) The special commission shall make its final report and recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the joint committee on environment, natural resources and agriculture not later than December 1, 2010. The special commission may make such interim reports as it considers appropriate.

SECTION 274.There shall be a task force established to conduct a court-by-court assessment and develop an implementation plan regarding the designation or creation of separate and secure waiting areas in district and superior courthouse for victims and witnesses of crimes, as required under clause (i) of the first paragraph of section 3 and section 17 of chapter 211B.

The task force shall be chaired by both the executive director of the Massachusetts office for victim assistance and the chief justice for administration and management or their designees; the task force shall include, but not be limited to: the chair of the victim and witness assistance board or her designee; 1 victim, public member of the victim and witness assistance board chosen by the chair; 1 community-based victim services provider chosen by the executive director of the Massachusetts office for victim assistance; the commissioner of capital asset management or a designee; 1 district attorney victim witness program director to be chosen by the president of the Massachusetts District Attorneys Association; 1 representative from the court clerks chosen by the chief justice for administration and management; 1 representative of the chief probation officers to be chosen by the commissioner of probation; 1 representative of the administrative office of the trial court fiscal department chosen by the chief justice for administration and management; and 1 representative of the court facilities department chosen by the chief justice for administration and management. Additional members may be appointed by the governor in consultation with the co-chairs of the task force.

The task force shall convene no later than January 1, 2011 and develop a plan for conducting the court-by-court assessment and a timeline to guide the completion of the implementation plan. The implementation plan shall include, but not be limited to: a definition of a separate and secure waiting area under clause (i) of the first paragraph of section 3 of chapter 258B; a list of courthouses that do and do not have separate and secure waiting areas that meet the definition; the feasibility of allocating existing space for use as a separate and secure waiting area in those courts that do not have waiting areas; a comprehensive fact-based analysis of the fiscal and operational impacts, if any, of such allocations; a recommendation on who would staff the safe and secure waiting areas; the fiscal impact of such staffing recommendations, if any; a timeline for designating or creating the spaces in those courthouses in which allocation of such space is deemed feasible; the sequence in which separate and secure waiting areas shall be designated or created in courthouses in which the task force has determined that such allocation is feasible; and a recommendation for interim accommodations, where allocation of such space is not deemed immediately feasible and such interim accommodations are practicable. For those district and superior courthouses undergoing new construction or substantial renovation as defined by the task force, the separate and secure waiting areas shall be included in the final plans and completed construction. The task force chairs shall file an implementation progress report every 365 days and a final plan to the chairs of the house and senate ways and means committees, the senate and house chairs of the joint committee on the judiciary and the clerks of the senate and house of representatives. The task force shall complete the implementation plan and file the plan with the chairs of the house and senate ways and means committees, the chairs of the house and senate judiciary committee, and the clerks of the house and the senate not later than July 1, 2012.

SECTION 275. (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation and using those competitive proposal processes as the division considers necessary or appropriate, may lease and enter into other agreements with 1 or more persons or entities for terms not to exceed 25 years for the continued use, operation, maintenance, repair and improvement of the Max Ulin Skating Rink, together with the land and appurtenances associated therewith.

(b) The failure of a city or town to apply for prequalification, as set forth below, shall not prohibit that city or town from bidding under this section.

(c) Before the division, in consultation with the department, sends out a request for proposals under this section, the division shall hold open a prequalification period of 30 days for the town of Milton and any nonprofit organization that desires to bid on the rink located within the town of Milton, or for a partnership of municipalities which share geographic boundaries as long as the subject rink is located within the geographic area of the municipalities comprising the partnership. A city, town, nonprofit organization or partnership of municipalities that desires to lease the rink under this section may submit materials for prequalification. The prequalification determination may consider, but need not be limited to, the ability of the city, town, nonprofit organization or partnership to finance the capital improvements determined to be necessary at the rink by the division and to manage, operate and maintain the property. The division, in consultation with the department, shall determine whether a city, town, nonprofit organization or partnership is prequalified within 15 days after the expiration of the prequalification period. If the town or nonprofit organization is determined to be prequalified, then the town or nonprofit organization shall be awarded the lease for the Max Ulin Skating Rink under the terms and conditions set forth in this act; provided, however, that only 1 lease shall be awarded based on preference as described in subsection (d).

(d) (1) Preference shall be given to the town of Milton.

(2) If the town and a nonprofit organization are determined to be prequalified, the town shall be awarded the lease.

(3) If more than 1 nonprofit organization is determined to be prequalified, the department may choose to which nonprofit the lease for the rink shall be awarded.

(4) The town or a nonprofit organization awarded the lease under this act shall pay $1.00 as consideration for the lease, subject to the required capital improvements, performance specifications and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the town or nonprofit organization.

(e) The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance, after consultation with the commissioner of conservation and recreation and, notwithstanding any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair and maintain the property and to undertake initial capital improvements that commissioner determines are necessary due to the structural condition of the property. Leases or other arrangements requiring improvements to be made on the property may include a description of the initially required improvements and performance specifications.

(f) Ice time at the rink shall be allocated to user groups in the following order of priority: general public skating; nonprofit youth groups; high school hockey, not-for-profit schools or colleges; for-profit youth groups and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, but general public skating shall be booked, in 2-hour contiguous blocks at a minimum of 12 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.

(g) The leases and other agreements authorized in this section shall provide that any benefits to the community and the costs of improvements and repairs made to the property provided by the lessees or the recipients of the property shall be taken into account as part of the consideration for such leases or other agreements. Consideration received from the leases or other agreements for the rink shall be payable to the department of conservation and recreation for deposit into the General Fund. The lessees or the recipients of the property shall bear the costs considered necessary or appropriate by the commissioner of conservation and recreation for the transactions including, without limitation, costs for legal work, surveys, title and the preparation of plans and specifications.

(h) The name of the Max Ulin Skating rink shall not be altered or changed under any lease or agreement entered into pursuant to this section.”

SECTION 276. Notwithstanding any general or special law to the contrary the administrative fee charged as part of any contract to provide traffic details, whether by a police officer or a civilian, shall not exceed 10 per cent of the hourly rate paid to the persons providing the traffic detail service.

SECTION 277. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall submit a report including, but not limited to, the following information: (a) the total number of lease renegotiation requests received by the division from state agencies in fiscal years 2008, 2009 and 2010; (b) the number of leases that were renegotiated by the division resulting in a tangible benefit to the commonwealth; (c) the amount, in dollars, saved by the commonwealth due to lease renegotiations conducted by the division; (d) the reasons that leases could not be renegotiated to produce a tangible benefit to the commonwealth; and (e) recommendations relative to improving the lease renegotiation process. Said division shall submit its report not later than October 15, 2011 to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.

SECTION 278. Notwithstanding any general or special law to the contrary, the department of transitional assistance may amend its supplemental nutrition assistance program outreach plan, in this section referred to as SNAP, to include SNAP application assistance and retention activities conducted by community-based organizations or other state agencies or departments. The department shall maximize federal reimbursement from the United States Department of Agriculture for funds identified by community-based organizations for SNAP application assistance and retention activities, including assistance and retention activities funded through private, state or community development block grants. The department may provide the federal reimbursements identified for SNAP outreach efforts to state agencies and departments and community-based organizations engaged in SNAP outreach efforts and for the administrative costs incurred by an agency, department or organization in claiming such federal reimbursements or for processing additional SNAP applications.

SECTION 279. Notwithstanding any general or special law to the contrary, in hospital fiscal year 2011, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws, for the costs associated with maintaining a pool audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals including, but not limited to, 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, 2011. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted thereunder. The inspector General shall expend funds from the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws to conduct a study and review of the Medicaid program which shall include, but not be limited to, claims administration. The inspector general shall report his preliminary findings and recommendations to the secretary of health and human services and the house and senate committees on ways and means within 90 days after receipt of necessary clams data from the secretary and the final report within 90 days thereafter. The inspector general shall expend funds from the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws to conduct a study and analysis of the federal Medicaid Integrity Program’s impact on the commonwealth’s Medicaid providers and make appropriate recommendations within 60 days after the effective date of this act.

SECTION 280. (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2011, the executive office of health and human services may determine the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002, and the dental services that were covered for adults in the MassHealth basic program as of January 1, 2002.

(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2011, medically necessary dental services covered through health insurance plans procured by the board of the health insurance connector authority for any resident with a household income that does not exceed 100 per cent of the federal poverty level shall include preventative procedures but shall exclude those categories of services that are not provided through MassHealth.

SECTION 281. (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b), an eligible individual pursuant to section 3 of chapter 118H of the General Laws shall not include a person who is not eligible to receive federally-funded benefits under sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as amended, for fiscal year 2011.

(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, the secretary of health and human services and the executive director of the health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, establish or designate a health insurance plan in which a person who is not eligible to receive federally-funded benefits under said sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended, but who is an eligible individual pursuant to said section 3 of said chapter 118H may enroll for the period including July 1, 2010 to June 30, 2011, inclusive. The plan may be contracted for selectively from the health plans that contracted in fiscal year 2010 to provide insurance coverage to commonwealth care or MassHealth enrollees. Total state costs of providing coverage to all such persons, net of enrollee contributions and any federal financial participation, shall not exceed $60,000,000 for fiscal year 2011. To the extent that additional federal financial participation becomes available for paying the costs of such coverage, the secretary of administration and finance may direct the comptroller to make such amounts available from the General Fund for the purpose of paying for the costs of such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the health insurance connector authority determine that the projected costs of enrolling eligible individuals in such coverage in fiscal year 2011 will exceed net state costs of $60,000,000, they may limit enrollment in such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the health insurance connector authority are unable to establish or designate a health insurance plan under this section, the secretary of administration and finance may direct the comptroller to transfer up to $60,000,000 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund for the cost of health safety net claims for these individuals.

SECTION 282. Notwithstanding any general or special law to the contrary, during fiscal year 2011, the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws.

SECTION 283. There shall be a special commission to study the University of Massachusetts at Amherst and the University of Massachusetts at Lowell jointly establishing a public school of pharmacy. The commission shall consist of the president of the University of Massachusetts system or a designee who shall be the chair; the commissioner of higher education or a designee; the chair of the board of higher education or a designee; the chair of the University of Massachusetts board of trustees or a designee; a member of the University of Massachusetts board of trustees or a designee; the chancellor of the University of Massachusetts at Amherst or a designee; the chancellor of the University of Massachusetts Lowell or a designee; the commissioner of public health or a designee with experience in pharmaceutical science and the senate and house chairs of the joint committee on higher education. The commission shall convene its first official meeting not later than September 1, 2010.

The commission shall make a comprehensive study of the feasibility of establishing, as a joint venture between the University of Massachusetts at Amherst and the University of Massachusetts at Lowell, a public school of pharmacy. The study shall include, but not be limited to: establishing a doctor of pharmacy degree program as well as graduate degree programs in pharmaceutical science; the needed additional resources and infrastructure necessary to build the appropriate curriculum and establish a school of pharmacy; the tuition and fees necessary to support a pharmacy program; a timeline for establishing a school of pharmacy; the start-up costs for establishing a school of pharmacy; a plan for the sharing of resources and costs by the University of Massachusetts at Amherst and the University of Massachusetts at Lowell; and the cost of any recommendations the commission may make.

The commission shall prepare a report of the findings and recommendations together with recommendations for legislation to implement those recommendations by filing the same with the clerks of the senate and house of representatives, the chairs of the house and senate committee on ways and means and the chairs on the joint committee of higher education not later than April 1, 2011.

SECTION 284. (a) There shall be a special commission to incentivize the commonwealth’s college scholarship system. The commission shall consist of: the speaker of the house of representatives or a designee thereof; the president of the senate or a designee thereof; the minority leader of the house of representatives or a designee thereof; the minority leader of the senate or a designee thereof; the chairpersons of the joint committee on higher education or designees thereof; a representative of the Association of Independent Colleges and Universities in Massachusetts; a representative of the Massachusetts Educational Financing Authority; and 8 persons appointed by the governor, 1 of whom shall be the secretary of education or a designee thereof, 1 of whom shall be a representative from the University of Massachusetts, 1 of whom shall be a representative from the state college system, 1 of whom shall be a representative from a state community college, 1 of whom shall be a representative from the Massachusetts Bankers Association and 1 of whom shall be a representative from Families United in Educational Leadership.

(b) The special commission shall make an investigation and study of the scholarship programs that provide financial assistance to Massachusetts students enrolled in, or pursuing, a program of higher education at any approved public or independent college, university, school of nursing or any other approved institution providing a program of higher education and shall focus on students with little or no family history of college attendance. The study shall examine methods that have been used in the commonwealth and other states to better prepare these students for college. The study shall include, but not be limited to: the examination of voluntary college savings programs focused on the needs of families of such students; the possible use of federally matched independent development accounts; the impact of committing scholarship funds to students prior to the twelfth grade; and the need for pilot programs for ninth through twelfth grade students in up to 5 public school districts to encourage family engagement and student academic achievement through the use of scholarships in conjunction with family savings for college; and the potential additional funding sources for a college savings matching program, with priority placed on financial matches that have no additional cost to the commonwealth.

(c) The commission shall hold at least 3 public meetings. The commission shall file its report of the results of its study, including any legislative or regulatory recommendations, not later than December 31, 2010 with the clerks of the senate and house, who shall forward the same to the joint committee on higher education and the senate and house committees on ways and means.SECTION 285. There shall be a commission to conduct an investigation and study of the potential costs and benefits that may result from requiring asset testing to determine eligibility for MassHealth. The commission shall consist of 7 members as follows: 3 members to be appointed by the governor, 1 of whom shall be the secretary of health and human services, or his designee, who shall serve as chair; the senate chair of the joint committee on health care financing; the house chair of the joint committee on health care financing; 1 member to be appointed by the minority leader of the senate and 1 member to be appointed by the minority leader of the house of representatives. The commission shall submit its report and findings, along with any drafts of recommended legislation, to the house and senate committees on ways and means and the joint committee on public service within 90 days of the effective date of this act.SECTION 286. Notwithstanding any general or special law to the contrary, the executive office of health and human services shall develop a global or bundled payment system for high-risk pediatric asthma patients enrolled in the MassHealth program, designed to prevent unnecessary hospital admissions and emergency room utilization. Consistent with the National Asthma Education and Prevention Program guidelines developed by the National Institutes of Health, the global or bundled payments shall reimburse expenses necessary to manage pediatric asthma, including, but not limited to, patient education, environmental assessments, mitigation of asthma triggers and purchase of necessary durable medical equipment. The executive office may pursue demonstration authority for this program from the federal center for Medicare and Medicaid Services pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148 or other federal law. The global or bundled payments shall be designed to ensure a financial return on investment through the reduction of costs related to hospital and emergency room visits and admissions not later than 2 years after the effective date of this act. This high-risk pediatric asthma global or bundled payment demonstration project shall be piloted in communities with high rates of uncontrolled childhood asthma. The executive office of health and human services shall consult with the providers that manage the Community Asthma Initiative at Children’s Hospital Boston and with other relevant providers in the commonwealth in designing and implementing the high-risk pediatric asthma global or bundled payment demonstration program and shall collaborate with participating entities in evaluating the efficacy of the program. The executive office of health and human services shall report its findings on the cost effectiveness of this program to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means not later than December 31, 2012.

SECTION 287. The Commonwealth Health Insurance Connector Authority shall transfer $2,500,000 to the executive office of health and human services for MassHealth Outreach Enrollment Grants in fiscal year 2011, to be administered by the executive office in consultation with the Health Care Reform Outreach and Education Unit. The grants shall be awarded to groups statewide, including areas in which the division of health care finance and policy has determined that there exists a high percentage of uninsured individuals and areas in which there are limited health care providers. Funds shall be awarded as grants to community and consumer-focused public and private nonprofit groups to provide enrollment assistance, education and outreach activities directly to consumers who may be eligible for MassHealth, the Commonwealth Care Program, the Commonwealth Choice Program or the Commonwealth Care Bridge Program and who may require individualized support due to geography, ethnicity, race, language, culture, immigration or disease.

SECTION 288. Not later than 8 months after the effective date of this act and notwithstanding any general or special law to the contrary, the attorney general may facilitate and enter into a memorandum of understanding with the Attorney General of the United States pursuant to the provisions of 8 U.S.C. section 1357(g), for the purpose of enforcing state and federal laws pertaining to immigration and citizenship; provided, however, that if the attorney general has not entered into a memorandum of understanding by that date, the attorney general shall submit a written report to the clerks of the senate and house of representatives stating the reasons for which an agreement was not reached, including any recommendations for state action necessary to facilitate such an agreement.

SECTION 289. Notwithstanding any general or special law to the contrary the immigration status of every defendant shall be confirmed at the arraignment stage of a criminal court proceeding.

SECTION 290. Notwithstanding any special or general law to the contrary, a person who is a lawful immigrant or permanent resident of the United States, or who is eligible to apply and has applied for such status, shall be eligible to be considered for Massachusetts residency for tuition purposes; provided, however, that the person shall meet the same requirements for establishing Massachusetts residency as are required of a United States citizen. Noncitizens who are in, or who are eligible to apply and have applied for, refugee or asylum status, shall be eligible to be considered for Massachusetts residency for tuition purposes; provided, however, that the person shall meet the same requirements for establishing Massachusetts residency as are required of a United States citizen. Noncitizens shall provide appropriate documentation to verify their status with the United States Immigration and Naturalization Service.”

SECTION 291. (a) Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.

(b) The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department of education from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.’”

SECTION 292. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the department of health and human services shall register for the federal Systematic Alien Verification for Entitlements or SAVE system by January 1, 2011, and shall use that system to verify whether applicants whose documentation is not available or is questionable are legal aliens and whether they are qualified aliens for benefit eligibility purposes. The department shall be exempt from this requirement if it has reported before January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost effective.

(b) The department of health and human services shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.

SECTION 293. (a)(1) Notwithstanding any general or special law to the contrary, the department of housing and community development shall direct local housing authorities to:

(i) require an applicant to provide the local housing authority with access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification; provided, however, that income of applicants shall be verified by the procedure set forth in paragraph (2); provided further, that if the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall reverify that information on its final determination of eligibility and qualification; and provided further, that nonreceipt of requested documentation, without good cause established by the applicant, shall be cause for determining that the applicant is unqualified;

(ii) require an applicant to provide the names and current addresses of all landlords or housing providers for the applicant and the applicant’s household members during the 5 years immediately preceding the application to the date of the final determination; provided, however, that if after request the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of nonreceipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority; provided further, that in the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy; and provided further, that nonreceipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information;

(iii) obtain criminal offender record information for each applicant and, if necessary, check public records, credit reports, other sources of public information and other reliable sources; provided, however, that the local housing authority may conduct a home visit, which shall be scheduled reasonably in advance; and provided further, that observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file; and

(iv) obtain information regarding eligibility or qualification from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials; provided, however, that all such information received shall be recorded in the applicant's file, including the date of its receipt, the identity of the source and the person receiving the information.

(2) The local housing authority shall assess financial eligibility by reviewing the applicant’s net household income. In reviewing the applicant’s financial status, the local housing authority shall assess net household income pursuant to regulations and guidelines promulgated by the department of housing and community development.

(i) the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services;

(ii) income from the operation of a business or profession by each self-employed household member after deduction for the ordinary and necessary expenses of the business or profession; provided, however, that the deductible expenses of the business or profession shall not exceed 85 per cent of the gross receipts of the business or profession; and provided further, that deductible expenses of the business or profession shall not include rent or utilities paid for the tenant’s unit if the business or profession is located in the tenant’s unit;

(iii) income of any kind from real or personal property, including rent, dividends and interest; provided, however, that amortization of capital indebtedness and depreciation shall not be deducted in computing net income; provided further, that any realization of taxable capital gain on the sale or transfer of an investment or other real or personal property shall be included as income; provided further that if the household has marketable real or personal property with a value to be determined by the department of housing and community development, excluding any automobile used as the primary means of transportation by household members, gross household income shall include the higher of actual income derived from any such property or a percentage of the value of such property; and provided further, that this percentage shall be the current passbook savings rate, as determined from time to time by the United States Department of Housing and Urban Development for federally assisted housing or as otherwise determined by the department of housing and community development;

(iv) periodic payments received from social security, annuities, retirement funds and pensions, individual retirement accounts and other similar types of periodic payments of retirement benefits, excluding nontaxable amounts which constitute return of capital and are specifically identified as such by payer;

(v) payments in lieu of earnings, including unemployment compensation, Supplemental Security Income, and Social Security Disability Income, and benefits in lieu of earnings under disability insurance, health and accident insurance or workers’ compensation; provided, however, that an unallocated lump sum settlement or similar payment, all or partly, on account of lost wages resulting from an injury shall be equitably allocated to reflect a monthly payment on account of lost wages for the period during which the recipient is likely to be disabled from the injury and the recipient shall be deemed to receive such a monthly payment each month during the continuance of his disability until the allocated funds are deemed exhausted; and provided further, that payments from the government which are subsequently reimbursed to the government shall not be included as income;

(vi) regularly recurring contributions or gifts received from nonhousehold members; provided, however, that to be regularly recurring, a contribution or gift shall occur at least twice a year for at least 2 years; provided further, that a contribution or gift of a value to be determined by the department of housing and community development, which occurs once a year from year to year for at least 2 years shall also be deemed to be regularly recurring;

(vii) regular payments of public assistance;

(viii) payments received for the support of a minor including, but not limited to, payments for child support, foster care, social security or public assistance, including payments nominally made to a minor for his support but controlled for his benefit by a household member who is responsible for his support;

(ix) lottery winnings, gambling winnings and similar receipts;

(x) receipts of principal and income from the trustee of a trust and receipts of income from the executor or administrator of an estate or from some other fiduciary;

(xi) alimony or payment for separate support;

(xii) gifts which are not regularly recurring;

(xiii) amounts, including lump sums, specifically received for the cost of medical care or which are made to compensate for personal injury or damage to or loss of property under health, accident or liability insurance, workers’ compensation, judgments or settlements of claims, insofar as these payments do not compensate for loss of income for a period when the recipient was or would be a tenant;

(xiv) amounts of educational scholarships or stipends for housing paid by a nonhousehold member for a student at an educational institution, including amounts paid for these purposes to part-time students, whether paid directly to the student or to the educational institution, and amounts paid by the United States Government to a veteran for use in paying tuition, fees or the cost of books, to the extent that such payments are so used;

(xv) the special pay to a member of the armed forces on account of service in a war zone;

(xvi) relocation payments made pursuant to state or federal law;

(xvii) payments received from the Social Security Administration’s Plan to Attain Self Sufficiency program, provided that the recipient fulfills all the program requirements;

(xviii) the value of food stamps;

(xix) payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973;

(xx) the increased amount of income earned from employment by a household member if the increase in earned income would otherwise result in a rent increase unless: (A) the household’s income has been derived, at least in part, from Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or a successor program for each of the previous 12 months; (B) the household’s increased earned income has been accompanied by a decrease in the amount of Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or public assistance from a successor program; or (C) if at the commencement of this exclusion, the recipient of such public assistance would have remained eligible for such assistance if the income had not been earned; provided, however, that this earned income exclusion shall be in effect for a continuous 12-month period, regardless of any changes or gaps in employment during that period; provided further, that this exclusion may be exercised by the tenant when a household member has procured either full-time or part-time employment; and provided further, it shall be within the tenant’s sole discretion whether or when to exercise this 1-time earned income exclusion;

(xxi) payments for a household member for participation in an employment program operated by a bona fide program providing employment training if such program is approved by the department or if sponsored or administered by a government agency to cover costs related to training or employment including, but not limited to, transportation, program fees, books or child care during training; provided, however, that this exclusion shall not apply to wages received through programs for training for employment, such as wages from on-the-job training;

(xxii) wages or salary earned by a full-time student or by an unemancipated minor;

(xxiii) income of a live-in personal care attendant, who is not a family member, who is paid for the fair market value of his services to a household member with a disability and whose income is not available for the needs of any household member: provided, however, that the personal care attendant shall be required to substantiate that he receives wages for the fair market value of his services and that such income is not available for the needs of any household member;

(xxiv) inheritances and life insurance proceeds; provided, however, that this exclusion shall not apply to post-death interest paid on inheritances or insurance proceeds;

(xxv) at the discretion of the local housing authority, with respect to an unemployable disabled veteran whose disability occurred in connection with military service, all but an amount to be determined by the department of housing and community development of the annual amount received by such unemployable disabled veteran from the United States government on account of such disability; provided, however, that if the local housing authority excludes all but $1,800 of such amount, no deductions shall be applied against that amount to be determined by the department of housing and community development;

(xxvi) a return of capital upon the sale or transfer of an investment or of other real or personal property;

(xxvii) wages or salary earned by a tenant who is age 62 or older or any other household member who is age 62 or older, but this amount shall not exceed the total amount earned by a person working 20 hours per week at the minimum wage specified in section 1 of chapter 151; and

(xxviii) net household income which shall be not less than zero and which shall be calculated by the gross household income less the following deductions: (A) an amount to be determined by the department of housing and community development for a household living in family housing in which the tenant is an elderly person of low income or a handicapped person of low income if the household is not overhoused, as defined in 760 CMR 6.03; (B) an amount to be determined by the department of housing and community development for each unemancipated minor household member under age 18; (C) an amount to be determined by the department of housing and community development for each adult household member, other than the tenant; provided, however that this deduction shall be limited by the amount by which the gross income of such adult household member exceeds all other deductions claimed against his income; (D) a deduction for heat in the amount prescribed by the department’s schedule of heat deductions; provided, however, that this deduction shall be available only to a household that separately pays for the cost of heat; (E) payments for necessary medical expenses, including copayment amounts which are not covered by insurance or otherwise reimbursed; provided, however, that such expenses shall be in excess of 3 per cent of the annual gross household income and are paid by household members; and provided further, that payments for medical health insurance shall be considered medical expenses; (F) payments for the care of a child of a sick or incapacitated household member provided that the local housing authority shall have determined the payments to be necessary for the employment of another household member who would otherwise have provided such care; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vii) and (viii) for this household member who makes the payment shall not exceed his gross income; (G) child support, separate support or alimony paid under court order or court approved agreement by a household member for the support of a minor child, spouse or former spouse not residing in the household; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vi) and (viii) for this household member shall not exceed his gross income; (H) nonreimbursable payments of tuition and fees of vocationally-related post-secondary education of a household member who is not a full-time student; provided, however, that the amount deducted for this deduction and the deductions in clauses (vi) and (vii) for this household member shall not exceed his gross income; (I) nonreimbursable payments for reasonable and necessary housekeeping or personal care services for a household member with a disability who, as a result of his disability, is physically unable to perform the housekeeping or personal care services if no household member is reasonably available to perform these services; and (J) travel expenses in excess of the cost of the least expensive available transportation for a household member with a disability who, as a result of his disability, is physically unable to use the least expensive available transportation and who uses the least expensive transportation practical for him in connection with necessary activities, provided that the necessary activities cannot reasonably be performed by another household member.

(b) The secretary of housing and economic development shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”; and

SECTION 294. Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of unemployment benefits, the division of unemployment assistance shall:

(1)maintain interagency agreements with the United States Social Security Administration to verify all claimant’s demographics and the United States Department of Homeland Security Citizenship and Immigration Service to verify a noncitizen claimant’s work authorization;

(2)determine citizenship during new claim filings;

(3)require noncitizen claimants to provide their alien registration number; provided, however, that the department of unemployment assistance shall verify that claimant information and alien registration number with the United States Department of Homeland Security Citizenship and Immigration Service;

(4)require noncitizen claimants who cannot provide an alien registration number during the new claim process to send copies of any official documents they have that authorize them to work in the United States to the unemployment insurance program integrity department;

(5)issue no payment after the first payment until the claim has been verified by the secondary verification process and the issue is approved for a claim from a monetarily eligible noncitizen that could not be verified by the above processes;

(6)institute a secondary verification process, using unemployment insurance program integrity department staff to review the documents and transmit pertinent information from the documents for verification with the Department of Homeland Security Citizenship and Immigration Service;

(7)flag expiration dates of work authorizations or in the unemployment insurance system if such dates exist; and

(8)report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently as well as the numbers of recipients who were issued partial or lifetime disqualifications.

SECTION 295. Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of public assistance benefits, the department of transitional assistance shall:

(1) consistent with federal and state law, require all applicants for benefits to provide verification of citizenship or their legal alien status; provided, however, that noncitizens shall be required to provide documentation from the United States Department of Homeland Security Citizenship and Immigration Services for verification purposes; provided further, that if such documentation is not available or is questionable, the department shall use the federal SAVE system to verify their legal alien status and determine whether they are qualified aliens for benefit eligibility purposes;

(2) implement data matching with the department of revenue, the department of children and families, the division of unemployment assistance and any other relevant agencies to verify financial and categorical eligibility criteria;

(3) cooperate fully with the food and nutrition service of the United States Department of Agriculture in pursuing and prosecuting vendor fraud;

(4) refer all credible reports of fraud received from its fraud hotline or any other source to the bureau of special investigations for investigation;

(5) pursue, to the fullest extent possible, administrative disqualification penalties for instances of Supplemental Nutrition Assistance Program and cash assistance fraud; and

(6) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”

SECTION 296. The state auditor shall conduct a study of the costs to the commonwealth of implementing amendment 52 as originally drafted and any new cost savings likely to accrue to the commonwealth as a result of that implementation. The study shall include, but not be limited to, consideration of the impact of similar legislation in Colorado and the 2007 adoption of additional status verification requirements in the commonwealth for Medicaid services, as well as a distributional analysis showing the impact of implementation on taxpayers of varying income levels. A report on the results of study shall be submitted to the house and senate committees on ways and means not later than December 31, 2010..SECTION 297. Notwithstanding any general or special law to the contrary, the state and community colleges, with the approval of the executive office for administration and finance and the board of higher education, may borrow an amount not to exceed $50,000,000 in the aggregate through the Massachusetts Health and Educational Facilities Authority or any other authorized funding source for support of projects authorized under chapter 258 of the acts of 2008 and which have undergone a project study by the division of capital asset management and maintenance, provided that any such project shall also be considered eligible for financing by the Massachusetts State College Building Authority as a “project” within the meaning of chapter 703 of the acts of 1963, as amended.

SECTION 298. (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a city with a plan E form of government 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, 2011. Based on the criteria established 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 elementary and secondary 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, 2010, 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 June 30, 2011, 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 elementary and secondary 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 city with a plan E form of government, 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, 2010, 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 elementary and secondary 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 pursuant to 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 elementary and secondary 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 in this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized by this section.

(i) The amount of financial assistance due from the commonwealth in fiscal year 2011 pursuant to 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 pursuant to this section.

(j) The department of revenue and the department of elementary and secondary education shall issue guidelines for their respective duties pursuant to this section.

SECTION 299. Notwithstanding any general or special law to the contrary and contingent upon receipt of at least $27,200,000 in TANF contingency funds authorized by Title IV, Section 403(b) of the Social Security Act, a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011 in item 4000-0640 of section 2.SECTION 300. (a) Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the rehabilitative, residential, and integrated community-based support services for persons with acquired brain injury and persons with traumatic brain injury in the commonwealth. The commission shall consist of the chairs of the joint committee on health care financing or their designees, who shall serve as co-chairs; 1 member of the house of representatives appointed by the minority leader; 1 member of the senate appointed by the minority leader; the secretary of health and human services or her designee; the assistant secretary for the office of disabilities and community services or his designee; the commissioner of public health or his designee from the office on health and disability; the commissioner of medical assistance or his designee; and 4 persons appointed by the governor. The target populations for the investigation shall be persons of all ages with neurocognitive and neurobehavioral deficits stemming from traumatic or acquired brain injury.

(b) The investigation and study shall include, but not be limited to, the availability, nature and adequacy of the following services for the target population: acute and long-term medical and cognitive rehabilitation and outpatient services; therapy services; residential nursing care; structured day treatment and day activity programs; club programs; respite care services; community-based housing; home-based services; family support programs; case management; companion services; personal care attendant services; specialized medical equipment and supplies; environmental modifications; counseling and training; and prevocational services.

(c) The commission shall file a report of its findings with the clerks of the house of representatives and the senate, and the house and senate committees on ways and means on or before April 1, 2011. The report shall include recommendations for improving services for people with acquired or traumatic brain injury, the cost of maintaining or establishing those services, and any legislation necessary to implement or allow for the development or expansion of services for the target population.

SECTION 301. Notwithstanding any general or special law to the contrary, the members serving a term on the board of directors of the Commonwealth Zoological Corporation, established by chapter 92B of the General Laws, on the effective date of this act shall appoint additional members to the board of directors to increase the membership of board-appointed members to 27. The initial 9 members appointed pursuant to this section shall serve for a term of 2 years, the next 9 members appointed pursuant to this section shall serve for 3 years, and the remaining members appointed pursuant to this section shall serve for 4 years.

Those members serving a term on said board on the effective date of this act shall continue to serve until the expiration of their terms or December 31, 2011, whichever last occurs.SECTION 302. (a) There shall be a special commission on police career incentives consisting of 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on higher education, 1 of whom shall be the senate chair of the joint committee on public safety and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the senate shall be designated as co-chair of the commission; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on higher education, 1 of whom shall be the house chair of the joint committee on public safety and homeland security and 1 of whom shall be a member of the minority party who shall be appointed by the minority leader; provided, however, that 1 member of the house shall be designated as co-chair of the commission; the secretary of administrative and finance or his designee; the secretary of public safety and security or her designee; the chancellor of higher education or his designee; the president of the Massachusetts Chiefs of Police Association or his designee; a representative of the Massachusetts Police Association; the president of the State Police Association of Massachusetts or his designee; the president of the Massachusetts Municipal Association or his designee and 1 person to be appointed by the governor who shall have expertise in the field of criminal justice.

(b) The organizational session of the commission shall be convened by the co-chairs not later than 60 days after the effective date of this act whether or not the governor’s designee has been appointed.

(c) The special commission shall make an investigation and study of the status of the career incentive pay program established in section 108L of chapter 41 of the General Laws including, but not limited to: (1) an assessment of the number of police officers with higher education degrees; (2) an investigation of salaries paid to officers utilizing the incentive program as compared with neighboring states’ police officers’ salaries and incentive programs; (3) an assessment of the impact the career incentive pay program established in said section 108L of said chapter 41 has had on decreasing the number of lawsuits against police officers and municipalities; (4) the cumulative cost to state and local governments in terms of increased operating costs for wages and impact on state and municipal pension liability; (5) an assessment of the current incentives provided to officers and a determination of how wages for officers with higher education degrees would be affected without the incentive program; (6) the impact of requiring a higher education degree for all police officers as a job requirement; (7) a comparison of the wage benefits conferred by the incentive program with the increase in earning power expected to be experienced by all persons in the commonwealth as a result of higher educational attainment; (8) what is an appropriate role for the commonwealth in the future of the career incentive pay program; and (9) any other matters that the commission considers relevant to its purpose.

(d) The board of higher education and the executive office of public safety and security shall provide staff and other resources as the commission, said board and said office consider appropriate. The special commission shall make its final report and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the joint committee on public safety and homeland security not later than January 1, 2011; provided, however, that the special commission may make such interim reports as it considers appropriate.

SECTION 303. Notwithstanding section 5C of chapter 29 of the General Laws to the contrary, amounts made available to be used as revenue in the 2011fiscal year in accordance with clause (a) of said section 5C of said chapter 29 shall be made available in the General Fund. To the extent balances in the General Fund are insufficient, the remainder shall be made available proportionally from the other budgetary funds.

SECTION 304. The department of public utilities shall, within 120 days after the effective date of this act, complete a cost analysis report evaluating all technically-feasible supply and demand proposals capable of ensuring electricity reliability on Cape Cod. The analysis shall include proposals to reduce or eliminate existing uplift charges imposed upon ratepayers in the Southeastern Massachusetts Reliability Region as defined by ISO New England, Inc. The report shall include, but not be limited to, a cost comparison of any technically-feasible proposal including transmission improvements, demand-side management programs, the health and environmental impacts of energy alternatives, repowering of existing power generation units in the Southeastern Massachusetts Reliability Region and the development of new peaking generation facilities.

SECTION 305. The administration shall report to the clerks of senate and house of representatives and the house and senate committees on ways and means not later than Dec. 31, 2010, on the total number of employees transferred or projected to be transferred in fiscal year 2011 pursuant to section 7A of chapter 6A of the General Laws, the total amount of funding transferred or projected to be transferred in fiscal year 2011 pursuant to said section 7A of said chapter 6A, the total projected savings for fiscal years 2011 and 2012 and a plan for further implementation in said fiscal years 2011 and 2012.

SECTION 306. Notwithstanding any general or special law to the contrary, the 5-year student charges plans provided under section 42 of chapter 15A and section 8A of chapter 75 of the General Laws, shall be submitted to the board of higher education and the University of Massachusetts board of trustees, as applicable, not later than March 1, 2011.

SECTION 307. The secretary of health and human services and the secretary of education shall examine the educational and service needs of children in the care of the commonwealth who reside in a community which is not their original community of residence. The secretaries shall report to the legislature on January 15, 2011 their recommendations as to how to best provide technical assistance and resources to assist municipalities in the evaluation of and provision for the needs of such children’s transportation, assessment, education and continued support to ensure their educational success in their new communities.SECTION 308. Not later than October 1, 2010, the commissioner of higher education, in consultation with the secretary of education, the president of the University of Massachusetts and the presidents of the state and community colleges shall submit to the board of higher education a report that includes a review of: (1) the effectiveness of all tuition and fee waivers; (2) the merits and feasibility of changing the name of waivers to “scholarships”; and (3) the policies governing and costs related to continuing education programs. The report shall examine the extent to which these waivers are being used by the intended beneficiaries, the cost to the community colleges, the state colleges, the university of Massachusetts and the commonwealth of these waivers, and the relative benefits of maintaining these waivers as compared to providing additional support to students through the scholarship programs authorized in section 16 of chapter 15A of the General Laws. The report shall include recommendations to the board concerning the extent to which such waiver programs should be continued, modified, discontinued, or replaced by providing additional support to the state scholarship program and, further recommendations to enable campuses to alter the proportion of student charges that are represented by tuition and fees so that fees represent no more than 25 per cent of total student charges. The report shall also include any recommendations for pertinent regulatory or statutory changes. A copy of the report shall be provided to the joint committee on higher education, the house and senate committees on ways and means, the board of trustees of the University of Massachusetts, and the secretary of education at the time the report is submitted to the board of higher education.

SECTION 309. Notwithstanding section 42 of chapter 15A to the contrary, the 5-year student charges proposals for the Massachusetts College of Art and Design and the Massachusetts Maritime Academy shall include provisions for performance measurement standards and admissions standards specific to the respective missions of Massachusetts College of Art and Design and Massachusetts Maritime Academy that are consistent with the performance measurements systems and admission standards in effect as of the passage of this act.

SECTION 310. (a) In this section, the following words shall have the following meanings:-

“Retained tuition fringe costs”, all fringe benefits for college and university employees previously paid by the commonwealth using remitted tuition, which shall, commencing fiscal year 2012, be paid by the employer college or employer university from retained tuition.

“State-supported courses”, courses taught by employees of a college or the university and paid for using state appropriations.

“State-supported tuition”, all tuition collected at public institutions of higher education for credits earned in state-supported courses.

(b) Notwithstanding any general or special law to the contrary, in order to implement the first year of a permanent tuition retention program for each state and community college and the university of Massachusetts, as applicable, in fiscal year 2012 each campus’s state appropriation shall be calculated by: (1) adjusting the fiscal year 2011 amount upwards, subject to appropriation, to reflect the higher education funding formula; (2) adjusting the level determined in step (1) downwards by the amount of state-supported tuition each institution remitted to the commonwealth in fiscal year 2011 and will retain in fiscal year 2012; and (3) adjusting the level determined in step (2) upwards to ensure the appropriation reflects the remitted tuition fringe costs value in fiscal year 2011, so that each campus can pay the retained tuition fringe costs on its retained tuition in fiscal year 2012.

SECTION 311. Not later than December 31, 2015, the board of higher education shall submit a report to the joint committee on higher education, the house and senate committees on ways and means and the secretary of education concerning the effect that tuition retention as established by sections 8, 9, 10, and 36 of this act has had on the finances of any public institutions of higher education that voted to accept an in-state tuition retention program under section 42 of chapter 15A of the General Laws or section 8A of chapter 75 of the General Laws, as applicable, on the student enrollments at such colleges and on access thereto. The report may present specific recommendations for amending or repealing provisions of this act, shall be prepared by the board of higher education in consultation with the boards of trustees.

SECTION 312. If, as a result of the implementation of sections 8, 9, 10, and 36, the appropriation for a community college, state college or the University of Massachusetts is reduced in a fiscal year, after fiscal year 2011, such institution shall have the authority, notwithstanding any limitations in this act, to increase student charges for that fiscal year in order to recover the full amount of the reduction in its appropriation if the board of higher education or the University of Massachusetts trustees first approves the increase, as applicable. Any such increase shall be in addition to any annual increase in charges authorized under the institution’s 5-year student charges plan under section 42 of chapter 15A or section 8A of chapter 75 of the General Laws as applicable.

SECTION 313. Notwithstanding any special or general law to the contrary, no change in health benefits made under subsection (j) of section 19 of chapter 32B of the General Laws shall go into effect for any group of employees covered by a collective bargaining agreement in effect as of July 1, 2010 by a governmental unit prior to the expiration of such agreement.

SECTION 314. Notwithstanding any special or general law to the contrary, for political subdivisions that have transferred subscribers to the commission under section 19 of chapter 32B, the adoption of the annual appropriation act shall be deemed to establish and to have established a contractual relationship under which the subscribers are entitled to contractual rights and benefits, including the schedule of co-pays and deductibles and total premium cost and notwithstanding chapter 29 of the General Laws, no amendments or alterations shall be made that shall deprive any employee or retiree their rights and benefits thereunder during the fiscal year covered by the annual appropriation act.SECTION 315. Notwithstanding any general or special law to the contrary, for any public institution of higher education that has voted to adopt an in-state tuition retention program under section 42 of chapter 15A of the General Laws or section 8A of chapter 75 of the General Laws, as applicable, the dollar value of tuition and fee waivers authorized by statute by the board of higher education, by the board of trustees of the university of Massachusetts, by the boards of trustees of individual state colleges and community colleges and by the campuses of the university of Massachusetts shall remain at the level set in academic year 2010-2011; provided, however, that if sufficient funds are appropriated to allow for the dollar value of a particular waiver to be increased, the dollar value of the waiver shall be increased commensurately. Nothing in this section shall be considered to require the alteration, amendment or abrogation of any tuition remission policy or tuition or fee waiver program negotiated under the provisions of chapter 150E of the General Laws and contained in any collective bargaining agreement or approved for non-unit personnel by the board of higher education or the institutional boards of trustees or their designees.

The provisions of this section shall not apply to students who are eligible to receive a foster and adopted child tuition and fee waiver under section 19 of said chapter 15A or to students who are eligible to receive a Massachusetts National Guard tuition and fee waiver under said section 19 of said chapter 15A.SECTION 316. Notwithstanding any general or special law to the contrary, no campus of a public institution of higher education that has voted to adopt an in-state tuition retention program under section 42 of chapter 15A of the General Laws or section 8A of chapter 75 of the General Laws, as applicable, shall be required to honor any waiver or scholarship created after the passage of this act, whether created by legislation, by the board of higher education, by a local board of trustees, by collective bargaining or by any other method, unless an appropriation is made by the commonwealth explicitly to cover the cost of such scholarship.SECTION 317. Notwithstanding chapter 564 of the acts of 1956, the town of Tewksbury may sell, transfer and convey the property known as the “Police Station” at 935 Main street in said town with a deed restriction that any new owner of the property shall grant to the Tewksbury Housing Authority an easement to pass and repass by vehicular traffic, and create and reserve 20 parking spaces at the rear of the parcel for the benefit of the residents of the Tewksbury Housing Authority’s Carnation drive housing site. The Tewksbury Housing Authority shall construct and maintain an adequate vegetative buffer between the parking area and the property to be conveyed. The commonwealth, acting by and through the division of capital asset management and maintenance, shall release its reversionary interest reserved in the deed to the town of Tewksbury dated October 3, 1961 and recorded in the Middlesex north district registry of deeds in book 1553 at page 320; provided, however, that in consideration of said release by the commonwealth, the town of Tewksbury shall split the proceeds from the sale of the Police Station property equally with the commonwealth. The commonwealth and the town of Tewksbury shall take all actions they deem necessary or advisable to carry out the conveyance and release as set forth in sections 1 and 2, including, without limitation, the execution and recording of any and all documents relative thereto.SECTION 318. The executive office of health and human services shall study the Senior Care Options plans available to residents of the commonwealth who are eligible for both Medicare and MassHealth. The study shall examine the impact of Senior Care Options plans on MassHealth spending, the impact of Senior Care Options plans on members’ health outcomes, whether and to what extent there are barriers to enrollment in Senior Care Options plans for MassHealth members who are otherwise eligible, whether and to what extent such barriers to enrollment should be alleviated through modifications to the network or the plans and whether and to what extent increased marketing or other initiatives should be undertaken to increase enrollment in these plans. The executive office shall submit its final report and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the joint committee of health care finance and policy and the house and senate committees on ways and means not later than December 31, 2010.”

SECTION 319. Notwithstanding any special or general law to the contrary, the state treasurer shall furnish by electronic means a check stub or pay slip to every person who receives compensation from the commonwealth and whose compensation is provided to them by direct deposit, unless such person does not have an electronic mail address provided by and maintained by the commonwealth. The treasurer shall continue to provide paper checks stubs and pay slips to all such persons who receive a paper check from the commonwealth and to those who do not have an electronic mail address provided by and maintained by the commonwealth. A person who does not wish to receive the check stub or pay slip electronically may by written request to the treasurer continue to receive a paper copy of the check stub or pay slip.”SECTION 320. An entity receiving funding, grants or contracts under this act shall acknowledge such funding in all written and electronic materials. This provision shall not apply if such acknowledgement would result in any additional cost to the entity or to the commonwealth.SECTION 321. There shall be a special commission to study the taxation of direct broadcast satellite service under chapter 64M of the General Laws. The commission shall consist of the commissioner of revenue or his designee who shall serve as chairman; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; and 2 persons to be appointed by the governor, 1 of whom shall be a representative of the Satellite Broadcasting and Communications Association of America and 1 of whom shall be a representative of the New England Cable Association. The commission shall examine all aspects of the taxation of satellite broadcast services including, but not limited to: any inequitable tax treatment of 1 means of broadcasting over another; impacts on consumers with limited access to cable or inadequate second language viewing choices; and fiscal impacts. The commission shall file a report of its findings and recommendations, including any drafts of legislation necessary to put its recommendations into effect, with the joint committee on revenue and the house and senate committees on ways and means on or before January 1, 2011.SECTION 322. Notwithstanding any special or general law to the contrary, not later than October 31, 2010, the state treasurer shall report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the senate and house committees on bonding, capital expenditures and state assets on the potential cost savings to municipalities and other efficiencies of a municipal infrastructure bond bank. The report shall include an analysis of the municipal infrastructure bond banks utilized in other states and recommendations, if any, for legislative amendments to finance laws in order to permit a bond bank to be established in the commonwealth.SECTION 323. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall develop a plan for any city or town that has enrolled more than 25 students displaced by an earthquake since January 2010. The plan shall include, but not be limited to, the per pupil cost and the per pupil cost of counseling and interpretive services and shall be submitted, together with a draft of any recommended legislation, to the speaker of the house of representatives, the president of the senate, the house and senate committees on ways and means and the joint committee on education not later than December 31, 2010.SECTION 324: The inspector general, in consultation with the attorney general, shall enter into a contract with a third party for the purposes of auditing all affordable housing projects built through the comprehensive permit process since July 1, 1998 as outlined in sections 20 to 23, inclusive, of chapter 40B of the General Laws. The third party shall be hired through a competitive bidding process and meet minimum professional qualifications as determined by the inspector general.

Audits performed pursuant to this section shall be conducted in accordance with generally accepted auditing standards, and shall include but not be limited to a review of the submitted cost certification, agreements between the developer and the financing authority, purchase and sales agreements, documentation relating to the real estate appraisal of the relevant property or properties, reported expenses and revenues, documentation regarding the purchase, sale or lease, of all constructed units, and any other matter requested by the inspector general.

At the request of the third party, the inspector general may require by summons the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation, in accordance with section 9 of chapter 12A of the General Laws.

The findings of every audit, including any evidence of illegal or fraudulent activities, or cases where the actual realized profit of an individual project exceeds 20 per cent, shall be presented immediately upon completion to the inspector general for his review. The inspector general may take whatever further action he considers necessary, in accordance with said section 10 of said chapter 12A .

It shall be the responsibility of the attorney general to recover all monies owed to the host communities. The third party hired to conduct the initial audit may receive a pre-determined percentage of all recovered monies, not to exceed 10 per cent, with the balance being returned to the host community.SECTION 325. The governor shall execute a compact, on behalf of the commonwealth, with any other state or states legally joined therein in the form substantially set out in section 120A of the General Laws; provided, however, that the commissioner of the department of youth services shall serve as the compact administrator; and provided further, that accused status offenders and non-offender juveniles shall not be detained in a secure detention facility or as otherwise prohibited by the purpose and intent of applicable state or federal laws.SECTION 326. There shall be a special task force to investigate and study the feasibility and advisability of transferring authority over the office of probation, office of community corrections and the parole board including, but not limited to, the power of appointment, assignment, discipline and termination of staff, to either the chief justice for administration and management or the executive office of public safety and security, in an effort to best provide enhanced accountability, oversight, leadership, effectiveness in carrying out essential functions and efficiency of administration. The investigation shall include, but not be limited to, consideration of models from other states, best practices for management in government, performance measures, clarity of reporting lines and responsibilities and opportunities for budget savings through efficiencies, all while protecting the safety of the public. The task force shall consider, in its investigation and study, the reports and recommendations of both the visiting committee on management of the state courts and the court management advisory board. The commission shall consist of 1 person to be appointed by the senate president and 1 person to be appointed by the speaker of the house each of whom shall have expertise in applied criminal justice research, 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives with an expertise in financial management and public policy, the attorney general, who shall serve as chair, the secretary of administration and finance, the chief counsel of the committee for public counsel services or his designee, the president of the Massachusetts District Attorneys’ Association or his designee, a representative of the Massachusetts Bar Association and 1 person to be appointed by the chief justice of the supreme judicial court who shall be a retired first justice with court management experience. The commission shall report its findings and recommendations to the joint committee on judiciary, the joint committee on public safety and the senate and house committees on ways and means not later than October 1, 2010.SECTION 327. Notwithstanding any special or general law to the contrary a body politic of the commonwealth which engages in commercial advertising paid for by the commonwealth to promote its office, a program offered by its office, or any other official action shall publicize on the official website of the commonwealth in a form approved by the state auditor the cost of each advertisement, including the cost of the production of the advertisement and the cost of placement of the advertisement, not later than 7 days after the placement of the advertisement.SECTION 328. The secretary of the executive office for administration and finance shall develop and promulgate regulations governing the use of state-owned vehicles by state employees; provided, however, that the regulations shall prohibit the use of state-owned vehicles from the close of business each Friday to the start of business each Monday for all activities not explicitly related to the performance of an employee’s official and authorized duties.SECTION 329. Notwithstanding any general or special law to the contrary, the governor, through the secretary of administration and finance, shall develop a report detailing all action undertaken by the executive department in fiscal year 2010 and those planned to be undertaken in fiscal year 2011, to reduce the costs of employee compensation. The report shall also include an itemization of any and all staffing reductions, furlough and salary wage reductions in addition to any salary and wage increases and any increases in staffing levels from 2009 to 2010 to those projected for 2011.

The report shall be filed with the clerks of the senate and house of representatives and the house and senate committees on ways and means and posted electronically on the official website of the commonwealth not later than 3 months following the effective date of this act.SECTION 330. Notwithstanding any general or special law to the contrary, the governor shall ensure that the secretaries of the various departments and executive offices promulgate standards requiring all forms for services, licenses and applications to be as uniform as reasonably possible. Each document shall have a uniform layout and font for the general information needed on each form, including, but not limited to, name, date of birth, address, telephone number and sex. Such documents shall be made available electronically whenever reasonably possible.SECTION 331. The secretary of public safety and security shall conduct an audit and inventory of the Commonwealth’s public safety vehicles and equipment including, but not limited to, those in possession of the department of the state police, sheriff’s offices, the department of correction, the Massachusetts Bay Transportation Authority police department and any law enforcement council incorporated or formed under the authority of a general or special law. The audit and inventory shall detail the type, age and use of the vehicles and equipment, whether similar vehicles and equipment are owned by multiple departments or underutilized by 1 department whereby the sharing of underutilized vehicles and equipment may be suitable for realizing cost savings and any other information as the secretary deems pertinent. The secretary shall report the findings to the clerks of senate and house of representatives, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on public safety and homeland security not later than January 1, 2011.SECTION 332. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the expenditure of funds received through the American Reinvestment and Recovery Act. The commission shall specifically investigate the possibility that the funds have been spent on or through non-domestic entities including, but not limited to, the purchase of raw materials, contracting of labor or the transaction of business with companies located, based or incorporated in a foreign country. The commission shall consist of the chairs of the joint committee on federal stimulus oversight, who shall chair the commission, the house and senate chairs of ways and means or their designees, the secretary of administration and finance or his designee, the attorney general or his designee, the treasurer of the commonwealth or his designee, the auditor of the commonwealth or his designee, the comptroller of the commonwealth or his designee, the minority leader of the senate and the minority leader of the house of representatives or their designees and 1 person to be appointed by the governor. The commission shall report its findings and its recommendations, if any, to the clerks of the senate and house of representatives, the house minority leader and the senate minority leader not later than January 30, 2011.SECTION 333. Subsection (b) of section 75 of chapter 303 of the acts of 2008 shall not apply in fiscal year 2011.SECTION 334. The registrar of motor vehicles shall evaluate the feasibility of utilizing municipally-owned buildings and the facilities therein for the provision of those services currently available at branch offices of the registry of motor vehicles. Such evaluation shall include, but not be limited to, the consideration of the geographic dispersion of such buildings, the potential to increase access and convenience to those served by the registry by deploying services in them, the potential cost savings which may result from relocating services to such buildings from leased or rented facilities and any benefits which may accrue to municipalities, including rental income from payments otherwise expended on private buildings and facilities.

In conducting the evaluation, the registrar shall solicit information from each city and town as to the availability and potential cost of buildings and facilities and shall conduct not less than 2 public hearings to receive testimony on the feasibility of providing services as described herein.

The registrar shall submit a report containing the results of the evaluation and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the senate and house of representatives not later than May 31, 2011.SECTION 335. The Massachusetts Department of Transportation shall conduct a comprehensive analysis of the availability of public parking in downtown Peabody, which shall include recommendations to improve and increase access to public parking. The department shall provide its report and recommendations to the governor, to the house and senate committees on ways and means and to the joint committee on transportation not later than January 1, 2011.SECTION 336. The executive office of health and human services shall report to the general court on the implementation of chapter 257 of the acts of 2008. The report shall include: (i) current rates for social service programs under section 22N of chapter 7 of the General Laws (ii) the status of implementation of the prospective rate system established in said chapter 257; (iii) the process for establishing rates for social service programs, including inflation and geographic cost adjustments pursuant to section 2A of chapter 118G; (iv) the extent to which implementation of said chapter 257 has addressed the concerns raised in the executive office of health and human services report dated October 2007, entitled Financial Health of Providers in the Massachusetts Human Service System; and (v) initiatives undertaken to promote efficiency or to reduce or control costs and the results thereof. The executive office shall submit its report to the clerks of the house and senate, the house and senate committees on ways and means, the joint committee on health care financing and the joint committee on children, families and persons with disabilities not later than December 1, 2010.SECTION 337. There shall be a study by the legislative library caucus to assess the costs, benefits and impact of changes in regional library systems and to provide a recommendation on the role of the library of last recourse with regards to funding, jurisdiction and purpose.SECTION 338. The secretary of administration and finance and the secretary of health and human services shall evaluate the feasibility of contracting for recycling durable medical equipment purchased and issued by the commonwealth through its medical assistance programs.

Said evaluation shall include, but not be limited to, a request for qualifications and proposals for entities capable of developing, implementing and operating a system of recycling whereby an inventory of such equipment is developed and managed so as to maximize the quality of service delivery to equipment recipients and to minimize costs and losses attributable to waste, fraud and abuse.

After completion of the evaluation, if the secretary of health and human services, in consultation with the secretary of administration and finance, determines that there is a proposal that would result in substantial cost savings for the commonwealth, the secretary of health and human services may adopt the proposal.SECTION 339. The inspector general shall review and comment, within 30 days after the effective date of this act, on any award, transfer or procurement by the executive office of health and human services of any of the services currently being provided under the Customer Services Contract responsible for “The Provision of Key Operations Services to the Mass Health Member and Provider Communities”, to private vendor or to any department of the commonwealth as defined in 815 CMR 6.02.SECTION 340. in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review those facilities as developments of regional impact, and the applicant may seek review of the regional planning agency’s development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164 of the General Laws.SECTION 341. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall be subject to subsection (e) of section 19 of chapter 6A of the General Laws and sections 12 to 14, inclusive, of chapter 86 of the acts of 2008. The board of the Massachusetts Bay Transportation Authority shall execute a delegation of authority with terms of delegation identical to that executed by the board of the Massachusetts Department of Transportation to the highway division of said department in November, 2009. The board of the Massachusetts Bay Transportation Authority shall amend its by-laws to require the board’s approval of the development of the capital investment programs required under subsection (g) of section 5 of chapter 161A of the General Laws, and to require the board’s approval of the operating budget of said authority.SECTION 342. The department of revenue shall submit a report to the house and senate committees on ways and means and the joint committee on revenue on the planned encrypted digital tax stamp system to be implemented pursuant to section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws, within 60 days after the effective date of this act. The report shall include a detailed analysis of the department’s financing plan for the encrypted digital tax stamp system which shall include, but not be limited to, the department’s estimates of the cost of the acquisition and installation of the new equipment and the ongoing costs of maintaining and operating the equipment, including any annual service contract required. The report shall also include the estimated net revenue increase projected to be realized by the commonwealth as a result of the encrypted digital tax stamp system, recommendations, if any, and drafts of legislation necessary to carry those recommendations into effect in order to implement this program and a report by the department in the area of tobacco tax enforcement.SECTION 343. No at-will employee of a state authority as defined in section 1 of chapter 29 of the General Laws shall be provided compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.

SECTION 344. No state authority as defined in section 1 of chapter 29 of the General Laws shall enter into a contract with an employee that provides compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.

SECTION 345. Each state authority as defined in section 1 of chapter 29 of the General Laws shall submit a compensation reduction report that shall include, but not be limited to, a plan detailing all percentage salary reductions, wage freezes, furloughs and reduction of employees, including attrition, to the house and senate committees on ways and means not later than December 31, 2010.

SECTION 346. Notwithstanding any special or general law to the contrary, the secretary of administration and finance shall review the sick and vacation time buyback program of each state authority as defined in section 1 of chapter 29 and shall make recommendations to align those benefits with benefits commensurate to those available to state employees. The secretary shall provide his findings and recommendations to the board of the applicable state authority not less than 90 after the effective date of this act.SECTION 347. Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance, using the competitive proposal processes as the division considers necessary or appropriate, in consultation with the department of conservation and recreation, shall lease and enter into other agreements with 1 or more persons or entities for terms not to exceed 25 years, for the continued use, operation, maintenance, repair and improvement of any ice skating rinks, pools and golf courses owned and operated by the commonwealth.SECTION 348. (a) Notwithstanding any general or special law to the contrary, the University of Massachusetts School of Law – Dartmouth shall operate without direct appropriation or subsidy from the commonwealth or university system. The University of Massachusetts School of Law – Dartmouth shall maintain and fund all academic and administrative personnel but nothing in this act shall prevent the law school from accessing supplemental services from the campus and university system in order to reduce duplication of systems and services.

(b) The University of Massachusetts School of Law - Dartmouth shall retain all tuition and fees received by the board of trustees in a revolving trust fund and shall be expended as the board may direct for the operation and support of the law program. Any balance in the trust fund at the close of a fiscal year shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. The trust fund shall be subject to audit by the state auditor.

(c) The University of Massachusetts School of Law – Dartmouth shall prepare an annual financial report at the end of each fiscal year. The report shall be filed with the house and senate committees on ways and means and to the board of higher education on or before December 31.SECTION 349. Notwithstanding any general or special law to the contrary, the department of energy resources shall report on its implementation of chapter 206 of the acts of 2008. The report shall include, but not be limited to, the following topics: (i) the promulgation of regulations under subsection (8) of section 249H1/2 of chapter 94 of the General Laws and subsection (8) of section 295G1/2 of said chapter 94; (2) the establishment of a commission on incentives to promote advanced biofuels pursuant to section 5 of said chapter 206; (iii) progress on efforts to reach an agreement with participating states on establishing a regional low-carbon fuel standard; and (iv) the establishment of a commission to promote the use of advanced biofuels by the commonwealth, its agencies, political subdivisions and regional transit authorities. The report shall also include a timetable for regulatory action on each of those topics which has not been completed. The report shall be submitted to the senate and house chairs of the joint committee on telecommunications, utilities and energy, the chairs of the house and senate committees on global warming and climate change and the senate and house chairs of the joint committee on environment, natural resources and agriculture not later than 30 days after the effective date of this actSECTION 350. (a) Notwithstanding any general or special law to the contrary, the dispute resolution functions of the bureau of special education appeals, which was established as an independent entity by the department of elementary and secondary education within the executive office of education, its employees, proceedings, rules and regulations, and legal obligations are hereby transferred to the division of administrative law appeals established in section 4H of chapter 7 of the General Laws.

(b) Those employees of the department of elementary and secondary education covered by a collective bargaining agreement who, before the effective date of this act, were assigned to the bureau of special education appeals, 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 who have tenure in their positions as provided by section 9A of chapter 30 of the General Laws, are hereby transferred to the division of administrative law appeals without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employees and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits and without change in union representation, if any, or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. 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 said chapter 31 or has tenure in a position by reason of said section 9A of said chapter 30. Notwithstanding any general or special law to the contrary, all employees assigned to the bureau of special education appeals covered by collective bargaining agreements 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 confer upon an employee any right not held immediately before the date of this transfer or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before the transfer date.

(c) The assistant director of special education appeals is hereby transferred to the division of administrative law appeals as the initial director of the bureau of special education appeals without interruption of service within the meaning of section 9A of chapter 30 of the General Laws, without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits. The reorganization shall not impair any civil service status of 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 said section 9A of said chapter 30.

(d) All petitions, requests, hearings and other proceedings appropriately and duly brought before the bureau of special education appeals and pending before it before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the bureau of special education appeals as part of the division of administrative law appeals.

(e) All orders issued by the bureau of special education appeals that are in force immediately before the effective date of this act shall continue in full force and effect in accordance with the terms of such orders.

(f) All rules and regulations governing the bureau of special education appeals which are in force immediately before the effective date of this act shall continue in full force and effect until superseded, revised, rescinded or canceled by the board of elementary and secondary education, in consultation with the director of special education appeals and the chief administrative magistrate of the division of administrative law appeals.

SECTION 351. The special education appeals advisory council established in section 2A of chapter 71B of the General Laws shall hold its first meeting not later than 45 days after the effective date of this act and shall include in its duties advice and feedback relating to the bureau of special education appeals’ transition to the division of administrative law appeals.SECTION 352. (a) As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

“I-95 corridor”, the area within the town of Boxford located approximately 1,500 feet from any portion of interstate highway route 95.

"Safe drinking water", water that meets or exceeds all primary and secondary standards and recommended guidelines for drinking water as defined by the department of environmental protection.

(b) The Massachusetts Department of Transportation shall conduct a comprehensive study to determine the cumulative and immediate effects of deicing chemical storage and deicing operations on the groundwater aquifers and bedrock fissures within the I-95 corridor. Specifically, the study shall determine how and why deicing chemicals applied to interstate highway route 95 have infiltrated the groundwater aquifers and bedrock fissures and what measures need to be taken to prevent it from occurring in the future. The study shall provide recommendations as to: (i) the proximate causes of deicing chemicals, including sodium and chloride, infiltration into the groundwater aquifers and bedrock fissures within the I-95 corridor; (ii) short-term and long-term remedial actions necessary to restore groundwater quality to a safe drinking water standard within the I-95 corridor; (iii) a plan to modify highway drainage systems to prevent storm water runoff and highway drainage from adversely impacting aquifers, bedrock fissures and adjacent wetland resource areas; and (iv) alternative means to provide a reliable and adequate safe drinking water supply to the residents located within the I-95 corridor that meet all state and local requirements.

(c) The department shall conduct the study utilizing an independent consultant. The development of the study scope of work, the selection of the independent consultant and the review of study recommendations shall all be conducted jointly by the department and a committee to be appointed by the Boxford board of selectmen and the Boxford Board of Health. Within 1 year after the effective date of this act, the department shall file a report of its activities and the developed recommendations with the governor and the clerks of the senate and house of representatives who shall forward the same to the house and senate committees on ways and means and other committees as appropriate. To the extent the report provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of transportation and the secretary of administration and financeSECTION 353 (a) Notwithstanding any general or special law to the contrary, the undersecretary of housing and community development shall make a report detailing recommended regulations to end the practice of housing homeless residents in hotels and motels and the costs associated with that practice. The report shall include, but not be limited to: the recommended guidelines for usage of temporary housing alternatives which provide cost savings to the commonwealth; a timeline to eliminate the practice of using hotels and motels within 1 year after the report; the cost of school transportation from out-of-district emergency assistance placements; the cost of the usage of hotels and motels versus the cost of using shelters; and the availability of unused shelter space not currently under contract by the department. The report shall be submitted to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means not later than 60 days after the effective date of this act.

(b) Recipients of shelter benefits provided through the program of emergency assistance pursuant to section 30 of chapter 23B of the General Laws shall be placed in hotels and motels only when other shelter units available to the department are not adequate to meet the needs of a recipient of benefits; provided, however, that a recipient of shelter benefits may be placed in a hotel or motel when the number of shelter units for which the department has contracted is insufficient to meet demand or when such placements are to accommodate a disability, allow placement near a home community or enable a child to continue attending school in such community or otherwise meets the needs of an eligible family that cannot be met through placement in contracted shelter units.

(c) Any family placed in a hotel or motel shall receive assessment and housing search services within 10 business days after such placement and regularly thereafter. When the department places a child under the age of 3 in a hotel or motel, the department shall notify the department of children and families within 24 hours of such hotel or motel placement; provided further, that the department of housing and community development shall ensure that any such family with a child under the age of 3 shall be provided with a crib for such child upon placement at the hotel or motel; provided further, that the department of children and families shall make an inspection of the room and crib provided to ensure the safety of the child; and provided further, that if the hotel or motel in which any such child under the age of 3 is placed fails to provide such child with a safe and adequate crib, the hotel or motel may be subject to a fine not to exceed $10,000 per violation.

(d) Prior to contracting with a hotel or motel to provide rooms for families receiving emergency assistance, the department shall notify the local department of health. Within 5 business days of placing a family with a school aged child in a motel, the department shall notify the local school department.SECTION 354. Notwithstanding any general or special law to the contrary, eligible recipients of direct cash assistance shall not use direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages or tobacco products. An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by imprisonment in a house of correction for not more than 2 ½ years or a fine of $1,000 or both such fine and imprisonment.

SECTION 355. Notwithstanding any general or special law to the contrary, whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, willfully misapplied, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprison for not more than 5 years or both, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment for not more than 1 year or both.SECTION 356. Notwithstanding any general or special law to the contrary and subject to appropriation and the availability of funds as determined by the executive office of health and human services, MassHealth shall include in its medical home demonstration authorized in section 30 of chapter 305 of the acts of 2008 all practice sites that have participated in the Commonwealth Fund Safety Net Medical Home Initiative, hereinafter referred to as SNMHI, and that have submitted a qualifying response to the executive office’s Primary Care Medical Home Initiative Request for Responses. Subject to appropriation and the availability of funds as determined by the executive office, the executive office may selectively contract with additional practice sites that have not participated in SNMHI.SECTION 357 Notwithstanding any special or general law to the contrary ,the department of elementary and secondary education shall pursue federal funding under the United States Department of Education’s race to the top fund phase 2 grant process and shall file its application not later than June 1, 2010. If the receipt of funds in the preceding sentence exceeds $27,200,000, then not more than $2,800,000 shall be distributed as incentive payments to nursing facilities meeting certain pay for performance requirements as described in item 4000-0600 of said section 2SECTION 358. The division of healthcare finance and policy shall conduct a study of the fiscal impacts of 114.5 CMR 12:00 on nursing home facilities. The study shall include, but not be limited to: the economic impact and equity of the class structure established in 114.5 CMR 12.03; the economic impact of extending user fee waivers to certain facilities currently not exempted from the user fee under 42 USC section 1396b(w)(3)(B); the cost-effectiveness of striking clause (d) of Class IV of section (1) of that regulation; and the feasibility of establishing a new classification system which applies consistent rules to all facilities regardless of geographic location. The study shall take into account said 42 USC, Section 1396b (w)(3)(B) as it applies to the user fee. The recommendations and findings shall be filed with the joint committee on health care finance and the house and senate committees on ways and means not later than January 15, 2011.SECTION 359. There shall be a Distressed Community Provider Trust Fund, which shall be administered by the secretary of health and human services.

Notwithstanding any general or special law to the contrary, in fiscal year 2011, the comptroller shall transfer not less than $10,000,000 from the General Fund to the Distressed Community Provider Trust Fund for the purpose of making expenditures as described in this section. The secretary shall authorize expenditures from the fund, without further appropriation, to assist acute care hospitals, including disproportionate share hospitals, that are in extreme financial distress. The secretary shall consider applications from hospitals that meet any of the following criteria: (i) have an operating margin below the median operating margin of eligible disproportionate share hospitals in hospital fiscal years 2007, 2008 and 2009; (ii) have a total margin below zero for both hospital fiscal years 2008 and 2009; (iii) have an operating margin at or below the median of eligible disproportionate share hospitals in hospital fiscal year 2009; (iv) operate an American College of Surgeons-verified region 3 level 3 trauma center; (v) operate a hospital licensed by the department of public health as a chronic disease hospital providing services solely to children and adolescents; (vi) operate as both a disproportionate share hospital and a sole community hospital; or (vii) operate as a disproportionate share hospital with a psychiatric lockdown inpatient unit in region 5. The secretary shall structure expenditures under this section to maximize allowable federal reimbursement under Title XIX. Hospitals receiving funds under this section shall not be precluded from also receiving funds through grants or rates authorized under items 4000-0500 or 4000-0700 of section 2 and expended to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively. The secretary shall accept applications to receive funds up to January 1, 2011, and shall distribute those funds not later than March 31, 2011. The secretary shall file with the house and senate committees on ways and means a distribution plan for the funds, and the extent to which expenditures qualify for federal financial participation, on or before March 1, 2011. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the General Fund.SECTION 360. A special commission is hereby established to consider the circumstances under which project labor agreements should be utilized, including consideration of their appropriateness and function and the size, complexity and duration of the public construction projects for which they should be utilized. The commission shall consist of the secretary of administration and finance or designee , the attorney general or designee , the auditor or designee, the commissioner of capital planning and operations or designee, a representative of the Construction Industries of Massachusetts, a representative of the Massachusetts Building Trades Council, a representative of the Associated Builders and Contractors of Massachusetts and a representative of the Association of Commercial and Industrial Builders of Massachusetts. The commission shall report its findings, together with drafts of any legislation it recommends, to the joint committee on labor and workforce development not later than July 1, 2011.SECTION 361. (a) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the department of conservation and recreation, may convey the property acquired by the former metropolitan district commission pursuant to item 6005-9575 of section 2H of chapter 273 of the acts of 1994, together with all trees and structures thereon, if any, and appurtenant access, utility and other easements, collectively referred to in this section as the ’DCR Parcel’ as directed herein. The DCR Parcel is shown on the plan entitled “Plan of Land Between Reserved Channel and East First Street in the South Boston Designated Port Area,” dated March 24, 2010, drawn by _John A. Hammer III, PLS, on file with the Massachusetts Port Authority. The DCR Parcel shall be conveyed subject to and with the benefit of that certain lease between the Massachusetts Bay Transportation Authority and the Boston Harbor Lobstermen’s Association, Inc., dated April 1, 1984, with respect to approximately 96,000 square feet of land and associated water sheet and access rights. The exact boundaries of the DCR Parcel are set forth in section 106 of said chapter 273.

(b) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the department of conservation and recreation, may convey the portion of the DCR Parcel consisting of 569,517 square feet, as shown on the plan described in subsection (a) as the “Designated Port Area Parcel,” to the Massachusetts Port Authority. The legal description of the Designated Port Area Parcel is as follows:

Beginning at a point at the northeasterly corner of the parcel at the intersection of the westerly line of a street formerly known as O Street and the southerly line of the Reserved Channel,

Thence S88-23-28W a distance of 802.82 feet by said Reserved Channel,

Thence S01-36-32E, a distance of 770.00 feet by land now or formerly of Exelon New Boston, LLC,

Thence N88-23-28E, a distance of 562.83 feet,

Thence N37-45-36E, a distance of 51.74 feet,

Thence N01-36-32W, a distance of 120.00 feet,

Thence N88-23-28E, a distance of 300.00 feet to said former O Street,

Thence N01-36-32W, a distance of 610.00 feet by said former O Street to the point of the beginning,

(c) Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the department of conservation and recreation, may convey the portion of the DCR Parcel consisting of 67,400 square feet, as shown on the plan described in subsection (a) as “MBTA Use Area,” to the Massachusetts Bay Transportation Authority. The legal description of the MBTA Use Area is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 80.00 feet by said East First Street,

Thence N01-36-32W, a distance of 280.00 feet,

Thence N88-23-28E, a distance of 100.00 feet,

Thence N01-36-32W, a distance of 250.00 feet, said last three courses by other land of the MBTA,

Thence S88-23-28W, a distance of 272.83 feet by the previously described Designated Port Parcel,

Thence S01-36-32E, a distance of 530.00 feet by land now or formerly of Exelon New Boston, LLC to the point of the beginning.

(d) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority may convey to the Massachusetts Port Authority the parcel of land consisting of 159,309 square feet shown on the plan described in subsection (a) as “Excess MBTA Parcel”, together with all trees and structures thereon, if any, and appurtenant access, utility or other easements. The legal description of the Excess MBTA Parcel is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 210.00 feet by said East First Street,

Thence N43-23-28E, a distance of 56.57 feet by land of Massport,

Thence N01-36-32W, distance of 650.00 feet by said former O Street,

Thence S88-23-28W, a distance of 300.00 feet,

Thence S01-36-32E, a distance of 120.00 feet,

Thence S37-45-33W, a distance of 51.74 feet, said last three courses by said Designated Port Area Parcel,

Thence reversing southeasterly along a non-tangent curve to the right of radius 144.08 feet, an arc distance of 114.93 feet, on a chord bearing S49-15-39E,

Thence S19-21-25E, a distance of 169.03 feet,

Thence southeasterly along a non-tangent curve to the left of radius 340.00 feet, an arc distance of 82.05 feet, on a chord bearing S26-39-44E,

Thence continuing southeasterly along a tangent curve to the left of radius 282.00 feet, an arc distance of 100.89 feet, on a chord bearing S43-49-31E,

Thence S01-36-32E, a distance of 45.15 feet,

Thence S88-23-28W, a distance of 150.28 feet,

Thence S01-36-28E, a distance of 100.00 feet, said last seven courses by remaining land of MBTA shown as MBTA PARCEL, to the point of the beginning.

(e) Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel and the Excess MBTA Parcel pursuant to this section, the Massachusetts Port Authority shall dedicate a haul road right-of-way for future truck access to and egress from the Conley Terminal. The location and dimensions of such right-of-way may be established and changed by the Massachusetts Port Authority from time to time as long as such right-of-way remains north of, and does not encroach upon or cross, the Buffer Zone Area described in subsection (f) or the Extended Buffer Areas described in subsection (g). At such time as the additional right of way of appropriate width and dimensions is made available to the Massachusetts Port Authority to enable the haul road right of way to connect directly from Conley Terminal across the Excess MBTA Parcel and the Designated Port Area Parcel to Summer Street, the Massachusetts Port Authority shall have the obligation to design and construct said haul road.

(f) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land abutting East First Street in South Boston shown as “Buffer Zone Area” on the Plan referenced in subsection (a), which shall be used by the Massachusetts Port Authority as a buffer zone to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel. The Massachusetts Bay Transportation Authority shall retain an easement within the Buffer Zone Area to maintain, repair and replace its existing access, egress and utilities across such Buffer Zone Area, as the same may be relocated, modified or expanded in a manner consistent with this section and with the approval of the Massachusetts Port Authority. The legal description of the Buffer Zone Area is as follows:

Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 552.82 feet by said East First Street,

Thence N01-36-32W, a distance of 80.00 feet,

Thence S88-23-28W, a distance of 472.82 feet,

Thence N01-36-32W, a distance of 20.00 feet,

Thence S88-23-28W, a distance of 80.00 feet,

Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning.

(g) Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area pursuant to this section, the Massachusetts Port Authority shall: (i) dedicate the use of the Buffer Zone Area and the areas labeled as “Extended Buffer Areas” on the plan described in subsection (a), as a buffer zone along East First street to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel; and (ii) promptly engage in a planning process, with a committee of South Boston community residents, to design the Buffer Zone Area and Extended Buffer Areas to achieve the purposes of this section. The committee shall be comprised of 10 members, 2 of whom shall be appointed by the mayor of the city of Boston, 2 of whom shall be appointed by the senator in the general court representing the South Boston district in which the DCR Parcel is located, 2 of whom shall be appointed by the representative in the general court representing the South Boston district in which the DCR Parcel is located, 2 of whom shall be appointed by the city district councilor representing the South Boston district in which the DCR Parcel is located and 2 of whom shall be appointed by the Massachusetts Port Authority. The legal descriptions of the areas labeled as “Extended Buffer Areas” on the plan described in subsection (a) are as follows:

Beginning at a point on East First Street at the southwesterly corner of said Excess MBTA Parcel being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,

Thence N88-23-28E, a distance of 1382.43 feet by said East First Street,

Thence N01-36-32W, a distance of 100.00 feet,

Thence S88-23-28W, a distance of 1382.43 feet,

Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning,

(h) The Massachusetts Port Authority may provide access and egress and utility services across the Buffer Zone Area and Extended Buffer Areas described in this section; provided, however, that after the acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel and the Buffer Zone Area by the Massachusetts Port Authority under this section, freight hauling to and from Conley Terminal shall not encroach upon or cross the Buffer Zone Area or Extended Buffer Areas.

(i) The transfers in legal title and changes in use of land authorized in this shall occur notwithstanding any inconsistent public use and no compensation shall be paid. Notwithstanding any general or special law or regulation to the contrary, the transfers in legal title and changes in use of land authorized by this section may be implemented without any review, approval, authorization, or procedure otherwise applicable under any general or special law or rule or regulation.

(j) After acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel and the Buffer Zone Area by the Massachusetts Port Authority under this act, the Massachusetts Port Authority shall use and maintain the Buffer Zone Area and Extended Buffer Areas as described herein as a buffer zone along East First street to help reduce visual and noise impacts associated with the existing and future uses along Reserved Channel and the Buffer Zone Area and the Extended Buffer Areas shall be subject to the Article XCVII of the Constitution.

(k) Notwithstanding section 2B of chapter 59 of the General Laws or section 17 of chapter 465 of the acts of 1956, leasehold improvements leased to a foreign or domestic electric company, distribution company or generating company, as such terms are defined in section 1 of chapter 164 of the General Laws, constructed on land acquired by the Massachusetts Port Authority pursuant to this section shall be subject to taxation and assessment to the lessee thereof in the same manner as the lands and buildings thereon would be taxed to such lessee under said section 2B of said chapter 59 by the city of Boston, except that the payment of the tax shall not be enforced by a lien upon or sale of the lands; provided, however, that a sale of the leasehold interest therein and of the buildings thereon may be made by the collector of the city of Boston in the manner provided by law for the nonpayment of taxes on real property. Except as expressly provided in this section, the land acquired by the Massachusetts Port Authority pursuant to this act shall not be subject to taxation or assessment by the city of Boston nor shall the Massachusetts Port Authority be required to make payments in lieu of taxes to the city of Boston with respect to such land, such land being used for an essential governmental functionSECTION 362. Notwithstanding any general or special law to the contrary, the Massachusetts Technology Collaborative shall conduct a review and evaluation of the feasibility and efficacy of managing and treating patients with specified chronic medical conditions using telehealth. The study shall include the cost effectiveness, quality improvements and hospital admission and readmission rates associated with utilizing telehealth in treating chronic medical conditions which require health care services of unusually high frequency, urgency, or duration. The evaluation may include a demonstration project in consultation with home health agencies and manufacturers of telehealth monitoring devices. The collaborative shall submit a final report and recommendations for use of telehealth technology, with any drafts of legislation necessary to carry out those recommendations into effect, by filing the same with the joint committee on health care financing and the house and senate committees on ways and means not later than July 1, 2011.SECTION 363. Notwithstanding any general or special law to the contrary, the division of health care finance and policy shall conduct a review and evaluation of the tobacco use cessation treatment benefits included in policies of insurance for accident or sickness, or agreement for medical or health services available through the commonwealth care health insurance program established in chapter 118H of the General Laws and the group insurance commission established in chapter 32A. The evaluation shall examine the availability of said benefits, the consistency of benefits available to subscribers and the cost effectiveness of said benefits. The division shall submit a final report and recommendations for consistent benefit strategies, together with any drafts of legislation necessary to carry out those recommendations by filing the same with the joint committee on health care financing and the house and senate committees on ways and means not later than December 31, 2010.SECTION 364. (a) 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, in consultation with the department of conservation and recreation and the University of Massachusetts at Lowell, may convey to the city of Lowell, 3 parcels of land, generally shown as parcels 13, 22 and 25 in a plan entitled “Plan of the Road in the City of Lowell, Middlesex County, Bridge Replacement, University Avenue over the Merrimack River” on file with the city engineer of the city of Lowell.

(b) The first parcel to be conveyed, parcel 22, contains approximately or 0.082 acres. The parcel is bounded by the line described as follows: beginning at a point, said point being S60º39’05”W and 82.92 feet from station 13+34.63 of the University Avenue baseline thence, turning and running N53°29’54”E 147.38 feet to a point said point also being N60º39’05” E and 63.32 feet from station 13+52.98 of said baseline thence, turning and running N40°59’40”W 25.26 feet more or less to a point on the shoreline of the Northern Canal said point also being N60º39’05”E and 58.22 feet from station 13+77.71 of said baseline thence, turning and running by the shoreline of the Northern Canal 145 feet more or less to a point said point also being S60º39’05”W and 85.82 feet from station 13+57.74 of said baseline thence, turning and running S36°30’06”E 23.30 feet to the point of beginning.

(c) The second parcel to be conveyed, parcel 25, contains approximately 0.289 acres. The parcel adjoins the southerly location line of the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) and bounded by the line described as follows: beginning at a point, said point being S45º06’49”E and 41.50 feet from station 144+83.52 of said baseline thence, turning and running S45°06’49”E 9.69 feet to a point said point also being S45º06’49”E and 51.19 feet from station 144+83.52 of said baseline thence running N47°45’45”E 15.00 to a point of curvature said point also being S45º06’49”E and 51.95 feet from station 144+68.54 of said baseline thence running by a curve to the right having a radius of 23.10 feet an arc distance of 41.48 feet said point of also being S45º06’49”E and 81.29 feet from station 144+47.47 of said baseline thence turning and running S29°20’55”E 115.95 feet more or less to a point on the shoreline of the Merrimack River said point being S45º06’49”E and 192.88 feet from station 144+78.97 of said baseline and also S60º39’05”W and 50.00 feet from station 17+80.78 of the University Avenue baseline, thence turning and running easterly along the shoreline of said Merrimack River 112 feet more or less to a point said point also being S45º06’49”E and 181.96 feet from station 143+67.96 of the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) baseline and also N60º39’05”E and 53.87 feet from station 18+21.46 of the University Avenue baseline, thence turning and running N45º23’58”W 75.74 to a point on the southerly location line of the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) said point also being 106.23 feet from station 143+68.34 of said baseline and also N60º39’05”E and 32.93 feet from station 18+94.24 of the University Avenue baseline.

(d) The third parcel to be conveyed, parcel 13, contains approximately 0.118 acres. The parcel adjoins the northerly location line of the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) and bounded by the line described as follows: beginning at a point, said point being N45º06’49”W and 55.01 feet from station 144+17.32 of the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) baseline and also S55º41’24”W and 54.10 feet from station 20+40.90 of the University Avenue baseline thence, turning and running by a curve to the left having a radius of 15.00 feet an arc distance of 20.74 feet to a point said point also being N45º06’49”W and 67.20 feet from station 144+02.58 from the Veterans of Foreign Wars Highway of the 1949 State Highway Layout (Layout No. 3648) baseline and also S54º53’31”W and 41.81 feet from station 20+56.22 of the University Avenue baseline thence, turning and running by a curve to the left having a radius of 986.45 feet an arc distance of 188.37 feet to a point said point also being S44º42’06”W and 40.51 feet from station 22+51.86 of said University Avenue baseline thence, turning and running N45º16’43”W 8.55 feet to a point said point also being S44º37’45”W and 40.49 feet from station 22+60.74 of said University Avenue baseline thence, turning and running N45°00’09”W 164.54 feet to a point said point also being S44º37’45”W and 39.44 feet from station 24+25.00 of said University Avenue baseline thence turning and running N44°37’45”E 9.24 feet to a point on the westerly sideline of the University Avenue layout line said point also being S44º37’45”W and 30.20 feet from station 24+25.00 of said University Avenue baseline.

(e) The consideration for the conveyance shall be the full and fair market value of the parcels as determined by the commissioner of capital asset management and maintenance pursuant to 1 or more independent professional appraisals.

(f) Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to subsection (e). The inspector general shall prepare a report of his review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any conveyance authorized by this section or any subsequent amendment thereto, submit the proposed conveyance or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed conveyance or amendment. The commissioner of capital asset management and maintenance shall submit the proposed conveyance or amendment and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before execution of the conveyance.

(g) The city shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyance authorized in this subsection (a) as such costs may be determined by the commissioner.

SECTION 365 The searchable website created pursuant to section 14C of chapter 7 of the General Laws shall be accessible to the public on or before January 1, 2011 and shall contain data for fiscal year 2010; provided, that the requirement for the location of a recipient or agency receiving a state award in clause (1) of subsection (b) of said section 14C of said chapter 7 shall not take effect until July 1, 2011.

SECTION 366. The searchable website created pursuant to section 14C of chapter 7 of the General Laws shall be accessible to the public not later than January 1, 2011, and shall contain data for fiscal year 2010; provided, that the requirement for the location of a recipient or agency receiving a state award under clause (1) of subsection (b) of said section 14C of said chapter 7 shall not take effect until July 1, 2011.

SECTION 367. The first annual report required under subsection (k) of section 11C1/2 of chapter 25A of the General Laws shall be filed not later than January 1, 2012. The rules and procedures required under subsection (l) of said section 11C1/2 of said chapter 25A shall be filed not later than December 1, 2010.

SECTION 368. Notwithstanding any general or special law to the contrary and except as expressly provided otherwise, sections 43, 48 and 50 shall apply only to employees who become members of a retirement system after January 1, 2011, sections 46 and 47 shall apply only to repayments and purchases of creditable service after January 1, 2011, and sections 49 and 68 shall apply only to employees who are members of retirement systems who retire after January 1, 2011.

SECTION 369. Notwithstanding any general or special law to the contrary, no increases in allowances provided pursuant to sections 52, 53 and 66 shall take effect before January 1, 2011.

SECTION 370. Sections 2 and 3 of chapter 30C of the General Laws shall apply as follows:

(1) on or after September 1, 2010, with respect to public employers, contractors, or subcontractors of 500 or more employees;

(2) on or after September 1, 2011, with respect to public employers, contractors, or subcontractors of 100 or more employees; and

(3) on or after September 1, 2012, with respect to all public employers, contractors or subcontractors.

SECTION 371. Nothing in section clause (n1/2) of section 5 of chapter 614 of the acts of 1968, inserted by section 218 shall apply to the person holding the office of commissioner of probation on the effective date of this act.SECTION 372. Sections 6, 14, 41, 55, 57 to 63, inclusive, 72 to 77, inclusive, and sections 176 shall take effect 90 days after the effective date of this act.SECTION 373. Sections 7, 15, 169, 170, 210, 215 and 248 shall take effect on July 1, 2011.

SECTION 374. Section 16 shall be effective for tax years beginning on or after January 1, 2010, with respect to installment obligations as of the close of the tax year.

SECTION 375. Section 56 shall take effect as of January 1, 2011.

SECTION 376. Sections 84, 85, 93 and 97 shall take effect on January 1, 2011.

SECTION 377. Section 100 shall take effect on July 1, 2012.SECTION 378. Section 159 shall take effect on October 1, 2010.

SECTION 379. Sections 159 and 160 shall apply retroactively to persons who, before the effective date of this act, have attained the age of 18 and have not yet reached the age of 22.SECTION 380. Section 1 and sections 3 to 8, inclusive, of chapter 140B1/2 of the General Laws, inserted by section 171, shall take effect on July 1, 2011.

SECTION 381. Section 2 of chapter 140B1/2 of the General Laws, inserted by said section 171, shall take effect on January 1, 2011.SECTION 382. Except as otherwise specified, this act shall take effect on July 1, 2010.