AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2003 FOR THE MAINTENANCE OF THE DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR CERTAIN PERMANENT IMPROVEMENTS
Whereas, the deferred operation of this act would tend to defeat its purpose, which is immediately to make appropriations for the fiscal year beginning July 1, 2002, and to make certain changes in law, each of which is immediately necessary or appropriate to effectuate said appropriations or for other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for the maintenance for the several departments, boards, commissions and institutions and other services, and for certain permanent improvements and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D and 3, 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, 2003. 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 compensations, in-service or apprenticeship training programs and all terms and conditions of employment.
SECTIONS 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 Juen 30, 2002 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 and 2B. 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.
FY2003
Revenue By Source and Budgetary Fund (in millions) |
|||||
| Source | ?All
Funds |
?General |
?Highway |
?Local |
?Other |
| Alcoholic Beverages | 63.36 |
63.36 |
- |
- |
- |
| Commercial Banks and Savings Institutions | 152.37 |
152.37 |
- |
-
| - |
| Cigarette | 276.58 |
???????????????
93.75 |
- |
- |
?????????????
182.83 |
| Corporations | 705.16 |
?????????????
423.09 |
- |
?????????????
282.06 |
- |
| Deeds | 122.41 |
?????????????
122.41 |
- |
-
| - |
| Income | 7,535.93 |
??????????
4,521.56
| - |
??????????
3,014.37
| - |
| Estate/Inheritance | 138.40 |
?????????????
138.40
| - |
-
| - |
| Insurance | 335.53 |
?????????????
335.53
| - |
-
| - |
| Motor Fuels | 687.31 |
???????????????
91.44 |
?????????????
587.39 |
- |
?????????????????
8.48 |
| Utilities | 105.69 |
?????????????
105.69
| - |
- |
- |
| Racing | 6.20 |
6.20
| - |
- |
- |
| Room Occupancy | 136.84 |
???????????????
69.85
| - |
- |
???????????????
66.99 |
| Sales & Use: Regular | 2,174.30 |
??????????
1,301.16
| - |
?????????????
867.44 |
?????????????????
5.70 |
| Sales & Use: Meals | 496.52 |
?????????????
296.91
| - |
?????????????
197.94 |
?????????????????
1.68 |
| Sales & Use: Motor Vehicles | 453.03 |
?????????????
271.82
| - |
?????????????
181.21 |
- |
| Miscellaneous | 18.61 |
?????????????????
4.92
| - |
- |
???????????????
13.70 |
| Unemployment Insurance Surcharges | 23.50
| - |
- |
- |
???????????????
23.50 |
| ?Joint Tax Resolution | 13,431.74 |
7,998.46 |
587.39 |
4,543.02 |
302.87 |
| Tax changes | |||||
| ???? Part B rate | 215.00 |
?????????????
129.00
| - |
???????????????
86.00
| - |
| ???? Exemptions | 240.00 |
?????????????
144.00
| - |
???????????????
96.00
| - |
| ???? Charitable | 190.00 |
?????????????
114.00
| - |
???????????????
76.00
| - |
| ???? Capital Gains | 275.00 |
?????????????
165.00
| - |
?????????????
110.00
| - |
| ????? Tobacco | 220.00 |
?????????????
220.00
| - |
- |
- |
| Total Taxes | 14,571.74 |
8,770.46 |
587.39 |
4,911.02 |
302.87 |
| Federal Reimbursements | 4,673.02 |
3,500.59 |
10.61
| - |
1,161.82 |
| Departmental Revenues | 1,984.19 |
1,049.96 |
440.75 |
1.88 |
496.60 |
| Transfers & Other Receipts | 880.82 |
756.37 |
(50.47) |
856.71 |
(681.79) |
| Total for Budget | 22,114.68 |
14,077.39 |
988.27 |
5,769.61 |
1,279.50 |
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: Executive Office Summary
| Revenue Source | Unrestricted Non-Tax | Restricted Non-Tax | Total Non-Tax |
| $0.00 | $0.00 | $0.00 | |
| Labor, Education and Development | $0.00 | $0.00 | $0.00 |
| Office of the State Treasurer | $3,653,019.00 | $3,653,019.00 | $7,306,038.00 |
| Judiciary | $78,506,425.00 | $3,000,000.00 | $81,506,425.00 |
| District Attorneys | $21,188.00 | $0.00 | $21,188.00 |
| Office of the Governor | $11,000.00 | $0.00 | $11,000.00 |
| Office of the Secretary of State | $109,207,364.00 | $851,000.00 | $110,058,364.00 |
| Office of the State Treasurer | $352,172,034.00 | $778,091,951.00 | $1,130,263,985.00 |
| State Auditor's Office | $414.00 | $0.00 | $414.00 |
| Office of the Attorney General | $5,792,269.00 | $0.00 | $5,792,269.00 |
| Ethics Commission | $44,830.00 | $0.00 | $44,830.00 |
| Office of the Inspector General | $0.00 | $196,530.00 | $196,530.00 |
| Campaign & Political Finance | $32,750.00 | $0.00 | $32,750.00 |
| Office of the State Comptroller | $236,367,957.00 | $25,000.00 | $236,392,957.00 |
| Executive Office: Administration & Finance | $423,713,881.00 | $34,098,344.00 | $457,812,225.00 |
| Executive Office: Environmental Affairs | $82,823,968.00 | $7,938,735.00 | $90,762,703.00 |
| Executive Office: Human Services | $4,456,470,859.00 | $133,318,665.00 | $4,589,789,524.00 |
| Executive Office: Transportation | $7,347,297.00 | $27,344.00 | $7,374,641.00 |
| Board of Library Commissioners | $1,901.00 | $0.00 | $1,901.00 |
| Labor, Education and Development | $273,415,804.00 | $2,407,000.00 | $275,822,804.00 |
| Executive Office of Public Safety | $490,371,203.00 | $47,030,772.00 | $537,401,975.00 |
| Executive Office of Elder Affairs | $5,325,890.00 | $0.00 | $5,325,890.00 |
| Legislature | $22,000.00 | $0.00 | $22,000.00 |
| Taxes | $14,578,741,000.00 | $0.00 | $14,578,741,000.00 |
| $21,104,043,053.00 | $1,010,638,360.00 |
$22,114,681,413.00 |
|
Non-Tax Revenue: Executive Office by Department Summary
| Revenue Source | Unrestricted Non-T | Restricted Non-Tax | Total
Non-Tax |
|
| $0.00 | $0.00 | $0.00 | ||
| Division of Energy Resources | $0.00 | $0.00 | $0.00 | |
| State Lottery Commission | $3,653,019.00 | $3,653,019.00 | $7,306,038.00 | |
| Judiciary | ||||
| Supreme Judicial Court | $1,673,715.00 | $0.00 | $1,673,715.00 | |
| Appeals Court | $0.00 | $0.00 | $0.00 | |
| Committee for Public Counsel | $85,000.00 | $0.00 | $85,000.00 | |
| Appeals Court | $245,135.00 | $0.00 | $245,135.00 | |
| Supreme Judicial Court | $0.00 | $2,000,000.00 | $2,000,000.00 | |
| Trial Court | $76,502,575.00 | $1,000,000.00 | $77,502,575.00 | |
| District Attorneys | ||||
| Northern District Attorney | $12,548.00 | $0.00 | $12,548.00 | |
| Northwestern District Attorney | $2,200.00 | $0.00 | $2,200.00 | |
| Eastern District Attorney | $1,233.00 | $0.00 | $1,233.00 | |
| Middle District Attorney | $3,924.00 | $0.00 | $3,924.00 | |
| Bristol District Attorney | $0.00 | $0.00 | $0.00 | |
| Hampden District Attorney | $1,283.00 | $0.00 | $1,283.00 | |
| Plymouth District Attorney | $0.00 | $0.00 | $0.00 | |
| Office of the Govern | ||||
| Office of the Governor | $11,000.00 | $0.00 | $11,000.00 | |
| Office of the Secreta | ||||
| Secretary of State | $109,207,364.00 | $851,000.00 | $110,058,364.00 | |
| Office of the State Tr | ||||
| Treasurer's Office | $187,812,043.00 | $0.00 | $187,812,043.00 | |
| State Lottery Commission | $149,756,819.00 | $778,091,951.00 | $927,848,770.00 | |
| Mass Cultural Council | $14,603,172.00 | $0.00 | $14,603,172.00 | |
| State Auditor's Offic | ||||
| State Auditor's Office | $414.00 | $0.00 | $414.00 | |
| Office of the Attorne | ||||
| Attorney General | $5,782,769.00 | $0.00 | $5,782,769.00 | |
| Victim Witness Assistance | $9,500.00 | $0.00 | $9,500.00 | |
| Ethics Commission | ||||
| Ethics Commission | $44,830.00 | $0.00 | $44,830.00 | |
| Office of the Inspect | ||||
| Inspector General | $0.00 | $196,530.00 | $196,530.00 | |
| Campaign & Political | ||||
| Campaign & Political Finance | $32,750.00 | $0.00 | $32,750.00 | |
| Office of the State C | ||||
| Comptroller's Office | $234,666,000.00 | $0.00 | $234,666,000.00 | |
| Comptroller's Office | $975,861.00 | $0.00 | $975,861.00 | |
| Comptroller's Office | $726,096.00 | $25,000.00 | $751,096.00 | |
| Executive Office: Ad | ||||
| Veterans Affairs | $111,000.00 | $150,000.00 | $261,000.00 | |
| Civil Service Commission | $512,000.00 | $0.00 | $512,000.00 | |
| Secretary of Administration & Finance | $54,043,624.00 | $0.00 | $54,043,624.00 | |
| Division of Fiscal Affairs - Fringe Recovery | $64,006,166.00 | $0.00 | $64,006,166.00 | |
| Fingold Library | $688.00 | $0.00 | $688.00 | |
| Office of Dispute Resolution | $0.00 | $436,381.00 | $436,381.00 | |
| DCAMM | $7,962,392.00 | $12,254,322.00 | $20,216,714.00 | |
| Group Insurance Commission | $159,216,101.00 | $0.00 | $159,216,101.00 | |
| Division of Administrative Law Appeals | $89,625.00 | $0.00 | $89,625.00 | |
| M.C.A.D. | $461,098.00 | $2,157,318.00 | $2,618,416.00 | |
| Dept of Revenue | $134,336,133.00 | $15,547,280.00 | $149,883,413.00 | |
| Appellate Tax Board | $2,489,079.00 | $300,000.00 | $2,789,079.00 | |
| Human Resources Division | $112,999.00 | $1,300,000.00 | $1,412,999.00 | |
| Division of Operational Services | $249,623.00 | $1,351,706.00 | $1,601,329.00 | |
| BSOB | $120,752.00 | $0.00 | $120,752.00 | |
| Division of Information Technology | $2,602.00 | $601,337.00 | $603,939.00 | |
| Executive Office: Env | ||||
| Secretary of Environmental Affairs | $6,592.00 | $50,000.00 | $56,592.00 | |
| Secretary of Environmental Affairs | $0.00 | $0.00 | $0.00 | |
| Dept of Environmental Management | $8,484,670.00 | $4,753,612.00 | $13,238,282.00 | |
| Dept of Environmental Protection | $36,166,081.00 | $0.00 | $36,166,081.00 | |
| Fish/Wildlife Environmental Law Enforcement | $16,523,989.00 | $542,898.00 | $17,066,887.00 | |
| Metropolitan District Commission | $19,686,803.00 | $2,592,225.00 | $22,279,028.00 | |
| Dept of Food & Agriculture | $1,955,834.00 | $0.00 | $1,955,834.00 | |
| Executive Office: Hu | ||||
| Dept of Youth Services | $0.00 | $0.00 | $0.00 | |
| Secretary of Human Services | $100.00 | $0.00 | $100.00 | |
| Chelsea Soldiers' Home | $9,500,000.00 | $0.00 | $9,500,000.00 | |
| Division of Medical Assistance | $3,013,278,279.00 | $70,000,000.00 | $3,083,278,279.00 | |
| Division of Health Care Finance and Policy | ($30,044,477.00) | $0.00 | ($30,044,477.00) | |
| Mass Commission for the Blind | $2,580,026.00 | $0.00 | $2,580,026.00 | |
| Mass Rehabilitation Commission | $3,724,000.00 | $7,000,000.00 | $10,724,000.00 | |
| Mass Commission for the Deaf | $4,000.00 | $175,000.00 | $179,000.00 | |
| Office of Child Care Services | $199,240,087.00 | $0.00 | $199,240,087.00 | |
| Chelsea Soldiers' Home | $8,744,712.00 | $207,000.00 | $8,951,712.00 | |
| Holyoke Soldiers' Home | $6,628,926.00 | $835,125.00 | $7,464,051.00 | |
| Dept of Youth Services | $4,404,228.00 | $0.00 | $4,404,228.00 | |
| Dept of Transitional Assistance | $402,512,938.00 | $0.00 | $402,512,938.00 | |
| Dept of Public Health | $80,364,166.00 | $48,876,540.00 | $129,240,706.00 | |
| Dept of Social Services | $256,023,365.00 | $0.00 | $256,023,365.00 | |
| Dept of Mental Health | $91,059,884.00 | $6,125,000.00 | $97,184,884.00 | |
| Dept of Mental Retardation | $408,450,625.00 | $100,000.00 | $408,550,625.00 | |
| Executive Office: Tra | ||||
| Secretary of Transportation | $1,175,531.00 | $27,344.00 | $1,202,875.00 | |
| Mass Aeronautics Commission | $280,260.00 | $0.00 | $280,260.00 | |
| Mass Highway | $5,891,506.00 | $0.00 | $5,891,506.00 | |
| Board of Library Co | ||||
| Board of Library Commissioners | $1,901.00 | $0.00 | $1,901.00 | |
| Labor, Education an | ||||
| Office of Director of Labor | $0.00 | $0.00 | $0.00 | |
| Office of Director of Labor | $1,065,715.00 | $200,000.00 | $1,265,715.00 | |
| Dept of Industrial Accidents | $18,543,032.00 | $0.00 | $18,543,032.00 | |
| Labor Relations Commission | $500.00 | $0.00 | $500.00 | |
| Board of Concilliation & Arbitration | $120,669.00 | $0.00 | $120,669.00 | |
| Office of Communities and Development | $3,373,326.00 | $1,000,000.00 | $4,373,326.00 | |
| Director of Consumer Affairs and Business Reg. | $850.00 | $0.00 | $850.00 | |
| Secretary of Economic Affiars | $4,000.00 | $0.00 | $4,000.00 | |
| Division of Banks | $23,671,400.00 | $0.00 | $23,671,400.00 | |
| Division of Insurance | $36,000,298.00 | $0.00 | $36,000,298.00 | |
| Division of Insurance | $65,000.00 | $0.00 | $65,000.00 | |
| Division of Registration | $13,529,952.00 | $0.00 | $13,529,952.00 | |
| Division of Standards | $982,397.00 | $608,900.00 | $1,591,297.00 | |
| Community Antenna Television Division | $1,596,500.00 | $0.00 | $1,596,500.00 | |
| Dept of Public Utilities | $14,369,273.00 | $0.00 | $14,369,273.00 | |
| Energy Facilities Siting Commission | $0.00 | $75,000.00 | $75,000.00 | |
| Alcohol Beverages Control Commission | $1,697,745.00 | $0.00 | $1,697,745.00 | |
| State Racing Commission | $5,165,857.00 | $0.00 | $5,165,857.00 | |
| Board of Medicine | $2,892,979.00 | $0.00 | $2,892,979.00 | |
| Division of Energy Resources | $300,715.00 | $0.00 | $300,715.00 | |
| Department of Education | $11,467,380.00 | $0.00 | $11,467,380.00 | |
| Higher Education | $41,806,359.00 | $523,100.00 | $42,329,459.00 | |
| University of Massachusetts | $96,761,858.00 | $0.00 | $96,761,858.00 | |
| Executive Office of P | ||||
| Secretary of Public Safety | $388,073.00 | $17,980.00 | $406,053.00 | |
| Chief Medical Examiner | $300.00 | $0.00 | $300.00 | |
| Criminal History Systems Board | $8,147,661.00 | $0.00 | $8,147,661.00 | |
| Board of Building Regulations | $585,842.00 | $0.00 | $585,842.00 | |
| Architectural Access Board | $13,690.00 | $0.00 | $13,690.00 | |
| Dept of State Police | $516,645.00 | $25,750,329.00 | $26,266,974.00 | |
| Criminal Justice Training Council | $2,500.00 | $1,161,500.00 | $1,164,000.00 | |
| Dept of Public Safety | $6,865,710.00 | $980,000.00 | $7,845,710.00 | |
| Dept of Fire Services | $8,193,094.00 | $0.00 | $8,193,094.00 | |
| Dept of Fire Services | $10,815.00 | $0.00 | $10,815.00 | |
| Registry of Motor Vehicles | $446,437,050.00 | $6,515,000.00 | $452,952,050.00 | |
| Merit Rating Board | $37,000.00 | $0.00 | $37,000.00 | |
| Sex Offender Registry Board | $826.00 | $0.00 | $826.00 | |
| Military Division | $2,000.00 | $500,000.00 | $502,000.00 | |
| Emergency Management Agency | $635,801.00 | $0.00 | $635,801.00 | |
| Gov's Highway Safety Bureau | $227,706.00 | $0.00 | $227,706.00 | |
| Dept of Corrections | $15,523,631.00 | $9,224,000.00 | $24,747,631.00 | |
| Sheriff's Department Franklin | $508,000.00 | $650,000.00 | $1,158,000.00 | |
| Sheriff's Department Berkshire | $29,141.00 | $0.00 | $29,141.00 | |
| Sheriff's Department Essex | $733,791.00 | $400,000.00 | $1,133,791.00 | |
| Sheriff's Department Hampden | $843,827.00 | $743,963.00 | $1,587,790.00 | |
| Sheriff's Department Middlesex | $239,000.00 | $925,000.00 | $1,164,000.00 | |
| Sheriff's Department Hampshire | $196,500.00 | $163,000.00 | $359,500.00 | |
| Sheriff's Department Worcester | $222,600.00 | $0.00 | $222,600.00 | |
| Parole Board | $10,000.00 | $0.00 | $10,000.00 | |
| Executive Office of E | ||||
| Secretary of Elder Affairs | $5,325,890.00 | $0.00 | $5,325,890.00 | |
| Legislature | ||||
| House of Representatives | $21,000.00 | $0.00 | $21,000.00 | |
| Joint Legislative | $0.00 | $0.00 | $0.00 | |
| Senate | $1,000.00 | $0.00 | $1,000.00 | |
| Taxes | ||||
| Taxation | $14,578,741,000.00 | $0.00 | $14,578,741,000.00 | |
JUDICIARY.
Supreme Judicial Court.
0320-0001
For the office of the chief justice and the 6 associate justices .........................................................
$912,413
0320-0003
For the operation of the supreme judicial court ...........................................................................
$4,792,476
0320-0010
For the operation of the clerk's office of the supreme judicial court for Suffolk
county .................... $976,267
0320-0016
For the cost of upgrading and purchasing computer equipment for the supreme
judicial court and the appeals court of the commonwealth ..........................................................................................................................
$622,770
0321-0001
For the operation of the commission on judicial conduct ...............................................................
$405,036
0321-0100
For the services of the board of bar examiners ...........................................................................
$1,060,765
0321-1500 For the operation of the committee for public counsel services as authorized by chapter 211D of the General Laws, including expenses for an audit and oversight unit; provided, that employee compensation levels funded herein shall not exceed the compensation levels in fiscal year 2002 ..................................................$7,614,304
0321-1502
For compensation to public counsel assigned cases under the provisions of subsection
(a) of section 6 of chapter 211D of the General Laws, pursuant to section 13
of chapter 211D of the General Laws, including compensation for the chief counsel,
deputy chief counsels, and general counsel; provided further, that the committee
shall submit a report to the clerks of the house of representatives and senate,
the speaker and minority leader of the house of representatives, the president
and minority leader of the senate and the house and senate committees on ways
and means not later than January 31, 2003 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 said 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 case and geographic location; (f) the average
cost for services rendered by said committee by type of case; (g) the average
number of hours spent per attorney or staff per type of case; (h) the feasibility
of the implementation of a flat rate compensation system based on the type of
case...$7,241,014
0321-1503
For the children and family law program pursuant to section 6A of chapter 211D
of the General Laws $751,397 0321-1504 For the continuation of a youth advocacy
program .....................................................................
$414,274
Committee for Public Counsel Services.
0321-1510
For compensation paid to private counsel assigned to criminal cases under subsection
(b) of section 6 of chapter 211D of the General Laws, pursuant to section 12
of said chapter 211D; provided, that not more than $500,000 of the sum appropriated
in this item may be expended for services rendered before fiscal year 2003;
provided further, that the chief counsel may transfer funds to item 0321-1512
as necessary, pursuant to schedules submitted to the house and senate committees
on ways and means 30 days before any such transfer; and provided further, that
the rates of compensation paid for private counsel services from this item shall
be the same as the rates paid in fiscal year 2002 ...... $41,184,881
0321-1512
For compensation paid to private counsel assigned to family law and mental health
cases under subsection (b) of section 6 of chapter 211D of the General Laws,
pursuant to section 12 of said chapter 211D; provided, that not more than $500,000
of the sum appropriated in this item may be expended for services rendered before
fiscal year 2003; provided further, that the chief counsel may transfer funds
to item 0321-1510 as necessary, pursuant to schedules submitted to the house
and senate committees on ways and means 30 days before any such transfer; and
provided further, that the rates of compensation paid for private counsel services
from this item shall be the same as the rates paid in fiscal year 2002 .......
$19,882,356
0321-1520
For fees and costs as defined in section 27A of chapter 261 of the General Laws,
as ordered by a justice of the appeals court or a justice of a department of
the trial court of the commonwealth on behalf of indigent persons, as defined
in said section 27A of said chapter 261; provided, that not more than $500,000
of the sum appropriated in this item may be expended for services rendered before
fiscal year 2003 ..................................................... $4,382,420
0321-1600
For the Massachusetts Legal Assistance Corporation to provide legal representation
for indigent or otherwise disadvantaged residents of the commonwealth; provided,
that $1,190,129 shall be expended for the disability benefits project, $544,286
shall be expended for the Medicare advocacy project, and $2,490,993 shall be
expended for the battered women's legal assistance project; provided further,
that said corporation shall submit a report to the house and senate committees
on ways and means not later than January 30, 2003 that shall include, but not
be limited to the following: (a) the number of persons said programs assisted
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 indigent
or otherwise disadvantaged residents of the commonwealth who received services
by said corporation, by type of case and geographic location; provided further,
that the first paragraph of section 9 of chapter 221A of the General Laws shall
not apply to said programs; and provided further, that said corporation may
contract with any organization for the purpose of providing such representation
...................................................... $4,225,408
0321-1610
For the Massachusetts Legal Assistance Corporation for the purpose of distributing
funds for general operating costs of local and statewide civil legal services
providers; provided, that the corporation shall submit a plan to the house and
senate committees on ways and means not later than February 15, 2003 on the
proposed implementation of expanding legal services for civil cases; and provided
further, that the plan shall detail the amounts and sources of funding to be
secured by the corporation for the purposes of the expansion, the dates upon
which the funding shall be available from each such source, and the proposed
distribution of such expansion funds by type of case, and geographic
location ......... $4,734,750
0321-2000
For the operation of the mental health legal advisors committee and for certain
programs for the indigent mentally ill, as provided in section 34E of chapter
221 of the General Laws .....................................................
$501,085
0321-2100
For the Massachusetts correctional legal services committee .......................................................
$700,250
0321-2205
For the expenses of the social law library located in Suffolk county .............................................
$1,629,479
0321-2206
For the social law library to operate the electronic law database project .....................................
$264,600
Appeals Court.
0322-0100
For the appeals court, including the salaries, traveling allowances and expenses
of the chief justice, recall judges and the associate justices, and the expenses
of the conference program ..................................................
$8,825,436
Supreme Judicial Court.
0330-0101
For the salaries of the justices of the superior court department of the trial
court; provided, that the chief justice for administration and management shall
provide written notification to the house and senate committees on ways and
means of any transfers of funds from this item to any other item of appropriation
within 30 days of such transfer .......$9,016,916
0330-0102
For the salaries of the justices of the district court department of the trial
court; provided, that the chief justice for administration and management shall
provide written notification to the house and senate committees on ways and
means of any transfers of funds from this item to any other item of appropriation
within 30 days of such transfer ......$19,659,604
0330-0103
For the salaries of the justices of the probate and family court department
of the trial court; provided, that the chief justice for administration and
management shall provide written notification to the house and senate committees
on ways and means of any transfers of funds from this item to any other item
of appropriation within 30 days of such transfer $5,706,930
0330-0104
For the salaries of the justices of the land court department of the trial court;
provided, that the chief justice for administration and management shall provide
written notification to the house and senate committees on ways and means of
any transfers of funds from this item to any other item of appropriation within
30 days of such transfer ...$711,211
0330-0105
For the salaries of the justices of the Boston municipal court; provided, that
the chief justice for administration and management shall provide written notification
to the house and senate committees on ways and means of any transfers of funds
from this item to any other item of appropriation within 30 days of such transfer
................ $1,253,410
0330-0106
For the salaries of the justices of the housing court department of the trial
court; provided, that the chief justice for administration and management shall
provide written notification to the house and senate committees on ways and
means of any transfers of funds from this item to any other item of appropriation
within 30 days of such transfer.....$1,110,824
0330-0107
For the salaries of the justices of the juvenile court department of the trial
court; provided, that the chief justice for administration and management shall
provide written notification to the house and senate committees on ways and
means of any transfers of funds from this item to any other item of appropriation
within 30 days of such transfer .......$4,585,226
0330-0300
This item was reduced and language was striken by the
acting Governor
For the central administration of the trial court, including costs associated
with trial court non-employee services, trial court dental and vision health
plan agreement, jury expenses, trial court law libraries, county courthouse
leases, statewide telecommunications, private and municipal court rental and
leases, operation of courthouse facilities, witness fees, printing expenses,
equipment maintenance and repairs, court interpreter program, and insurance
and chargeback costs; provided, that notwithstanding the provisions of section
9A of chapter 30, or any general or special law to the contrary, the rights
afforded to a veteran, pursuant to said section 9A of said chapter 30, shall
also be afforded to any veteran, as so defined, who holds a trial court office
or position in the service of the commonwealth not classified under chapter
31, other than an elective office, an appointive office for a fixed term or
an office or position under section 7 of chapter 30, and who (1) has held such
office or position for not less than one year and (2) has 30 years of total
creditable service to the commonwealth, as such service is defined in chapter
32; provided further, that there shall be a special commission of the legislature
to examine and evaluate the various issues relating to the administration, management
and operation of the judiciary; provided further, that said issues shall include
the following: (1) the administrative organization and structure of the judiciary,
including, but not limited to, the consolidation of the seven departments of
the trial court into one unified trial court system, the management of the trial
court by a non-judicial, professional administrator, and the administration
of the individual divisions or places for holding court within the trial court,
(2) the fiscal practices and policies of the judiciary to allocate, manage and
spend appropriations, (3) the process to develop, create and administer the
budget for the judiciary, (4) the post appointment review and evaluation of
judges and clerk-magistrates, (5) the personnel policies and practices, including
the hiring, supervision and evaluation of employees in all court departments,
(6) the practice and policies for the implementation of technology, including
planning, usage and spending, (7) the use of technology to enhance the public's
confidence in the judiciary, (8) sentencing standards and guidelines, including
mandatory sentencing, appropriate exercise of judicial discretion and the commonwealth's
right to appeal sentencing decisions, (9) treatment of victims and victim's
families including, but not limited to, an evaluation of the judicial compliance
with the assessments required pursuant to section 8 of chapter 258B, (10) the
management, maintenance and construction of court facilities, and (11) the operation
of the courts, including assignments of personnel, transferability of funds
and the scheduling of court sessions; provided further, that not less than $100,000
shall be expended from this item for a contract with Massachusetts General Hospital
for a research program on abused children; provided further, that not less
than $100,000 shall be expended for the implementation of a changing lives through
literature program; provided further, that members of the commission shall
include the chief justice of the supreme judicial court or her designee, the
chief justice for administration and management or her designee, 5 members appointed
by the speaker of the house of representatives, one of whom shall co-chair the
commission, one of whom shall be from a private business, one of whom shall
be from academia and two others so chosen by the speaker; 5 members appointed
by the senate president, one of whom shall serve as co-chair, one of whom shall
be the chair of the joint committee on the judiciary, and one of whom shall
be the chair of the joint committee on criminal justice; provided further, that
said commission shall submit a report to the house of representatives within
120 days after the formation and appointment of said commission so that any
legislative recommendations may be fully considered during the next legislative
session; 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 said report shall include, but not be limited to, the number of
cases in which said assessment was reduced or waived by a judge or clerk-magistrate
within said courts; provided further, that said report shall be submitted to
the victim and witness assistance board on or before January 15, 2003 .............................. $96,545,267 $96,445,267
0330-0410
For alternative dispute resolution services for the trial court; provided, that
such services shall be made available to the extent possible in connection with
child care, protection and custody proceedings in juvenile and probate courts;
provided further that not less than $44,337 shall be expended for North Central
Court Services, Inc.; provided further, that not less than $40,000 shall be
expended for the North Shore Community Mediation Program in Salem; provided
further, that not less than $48,032 shall be expended for Metropolitan Mediation
Services; provided further, that not less than $36,947 shall be expended for
Community Mediation of Worcester; provided further, that not less than $62,811
shall be expended for Mediation Works, Inc; provided further, that not less
than $36,947 shall be expended for Quabbin Mediation in Athol; provided further,
that not less than $25,863 shall be expended for the Mediation and Training
Collaborative of Franklin County in Greenfield; provided further, that not less
than $36,947 shall be expended for Framingham Court Mediation Services; provided
further, that not less than $42,737 shall be expended for Dispute Resolution
Services, Inc., in Springfield district court; provided further, that not less
than $25,863 shall be expended for the Housing Services and Mediation Program
operated by the Berkshire County Regional Housing Authority in Pittsfield; provided
further, that not less than $36,947 shall be expended for the Cape Cod Resolution
Center; provided further, that not less than $36,947 shall be expended for the
Community Dispute Settlement Center, Inc., of Cambridge; provided further, that
not less than $36,947 shall be expended for the Somerville Mediation Program;
provided further, that not less than $29,558 shall be expended for Berkshire
Mediation Services inc.; provided further, that not less than $11,084 shall
be expended for the Winchester Mediation Program; provided further, that not less than $48,032 shall be expended for the Middlesex Multi-door Court House
Program; and provided further, that all remaining funds from this item shall
be expended for approved mediation programs in fiscal year 2003 ....... $600,000
0330-0317
For the operation and expenses of the Massachusetts sentencing commission,
pursuant to chapter 211E of the General
Laws ..................................................................................................................................................
$232,756
This item was vetoed by the acting Governor
0330-0441
For permanency mediation services in the probate and juvenile courts .........................................
$476,598
0330-2410
For the operation of the judicial training institute .........................................................................
$500,000
0330-3200
For the court security program, including personnel and expenses; provided,
that security guards and court officers may be available for assignment in accordance
with juvenile court expansion funded pursuant to item 0337-0003; provided further,
that all other per diem court officers shall be paid the daily rate in accordance
with collective bargaining agreements; and provided further, that the chief
justice for administration and management shall submit a report to the house
and senate committees on ways and means not later than January 30, 2003, detailing
the number of court officers and security personnel located in each trial court
of the commonwealth ....................................... $48,468,335
0330-3420
This item was reduced and language was striken by the
acting Governor
The chief justice for administration and management may expend revenues up to
a maximum of $1,000,000 from fees charged for attorney representation of indigent
clients; provided, that the only revenue available for expenditure in this item
for fiscal year 2003 shall be revenue collected in excess of the amount collected
in fiscal year 2002 from said fees; and provided further, that the comptroller
shall certify to said chief justice of administration and finance upon collection
of fiscal year 2003 revenues in excess of fiscal year 2002 revenue from said
fees .......................... $1,000,000 $250,000
0330-4500
For the buyback costs associated with the trial court early retirement program
............................ $1,029,498
Superior Court Department.
0331-0100
This item was reduced by the acting Governor
For the administrative office of the superior court department ...................................... $7,651,412 $7,341,113
0331-0300
For medical malpractice tribunals established in accordance with the provisions
of section 60B of chapter 231 of the General Laws ........................................................................................................................................
$72,401
0331-2100
This item was reduced by the acting Governor
For the Barnstable superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ............. $633,737 $599,270
0331-2200
For the Berkshire superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ................................
$236,780
0331-2300
This item was reduced by the acting Governor
For the Bristol superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ............................... $1,159,313 $1,008,941
0331-2400
For the Dukes superior court; provided, that the clerk of the court shall have
responsibility for the internal administration of his office, including personnel,
staff services and record keeping ......................................................
$188,586
0331-2500
For the Essex superior court; provided, that the clerk of the court shall have
responsibility for the internal administration of his office, including personnel,
staff services and record keeping ......................................................
$1,701,216
0331-2600
This item was reduced by the acting Governor
For the Franklin superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ...................................... $364,940 $352,168
0331-2700
For the Hampden superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ..............................
$1,472,430
0331-2800
For the Hampshire superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ................................
$344,737
0331-2900
This item was reduced by the acting Governor
For the Middlesex superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping .................. $3,903,094 $3,797,731
0331-3000
For the Nantucket superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ..............................
$158,921
0331-3100
This item was reduced by the acting Governor
For the Norfolk superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ...........................................$1,525,423 $1,394,139
0331-3200
This item was reduced by the acting Governor
For the Plymouth superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ...................... $1,287,139 $1,278,069
0331-3300
This item was reduced by the acting Governor
For the Suffolk superior civil court; provided, that the clerk of the court
shall have responsibility for the internal administration of his office, including
personnel, staff services and record keeping .................. $3,648,563 $3,494,379
0331-3400
For the Suffolk superior criminal court; provided, that the clerk of the court
shall have responsibility for the internal administration of his office, including
personnel, staff services and record keeping ........................ $2,280,297
0331-3404
For an education and community outreach pilot program to be administered in
the Suffolk superior criminal
court ......$218,341
0331-3500
This item was reduced by the acting Governor
For the Worcester superior court; provided, that the clerk of the court shall
have responsibility for the internal administration of his office, including
personnel, staff services and record keeping .................. $1,299,938 $1,257,996
District Court Department.
0332-0100
For the administrative office of the district court department, including a
civil conciliation program ........... $1,180,294 (
0332-1100
This item was reduced by the acting Governor
For the first district court of Barnstable .................................................................... $2,001,208 $1,938,085
0332-1200
For the second district court of Barnstable at Orleans .................................................................
$1,232,089
0332-1203
For the third district court of Barnstable at Falmouth ..................................................................
$1,045,719
0332-1300
For the district court of northern Berkshire at Adams, North Adams and Williamstown
............... $695,582
0332-1400
For the district court of central Berkshire at Pittsfield ..................................................................
$1,269,393
0332-1500
This item was reduced by the acting Governor
For the district court of southern Berkshire at Great Barrington and Lee .......................... $537,420 $507,892
0332-1600
For the first district court of Bristol at Taunton ............................................................................
$1,988,803
0332-1700
For the second district court of Bristol at Fall River ....................................................................
$2,793,618
0332-1800
For the third district court of Bristol at New Bedford ..................................................................
$3,103,172
0332-1900
For the fourth district court of Bristol at Attleboro ......................................................................
$1,383,447
0332-2000
For the district court of Edgartown ............................................................................................
$302,672
0332-2100
For the first district court of Essex at Salem ................................................................................
$1,989,415
0332-2300
For the third district court of Essex at Ipswich ............................................................................
$431,157
0332-2400
For the central district court of northern Essex at Haverhill ..........................................................
$1,881,985
0332-2500
This item was reduced by the acting Governor
For the district court of eastern Essex at Gloucester ........................................................ $915,812 $894,717
0332-2600
For the district court of Lawrence ..............................................................................................
$3,397,350
0332-2700
For the district court of Southern Essex at Lynn ..........................................................................
$2,908,919
0332-2800
For the district court of Newburyport ........................................................................................
$1,446,350
0332-2900
For the district court of Peabody ...............................................................................................
$1,296,616
0332-3000
This item was reduced by the acting Governor
For the district court of Greenfield ...........................................................................
$1,152,149
0332-3100
For the district court of Orange ..................................................................................................
$671,961
0332-3200
For the district court of Chicopee ..............................................................................................
$1,143,072
0332-3300
For the district court of Holyoke ................................................................................................
$1,283,253
0332-3400
For the district court of eastern Hampden at Palmer ...................................................................
$827,320
0332-3500
For the district court of Springfield .............................................................................................
$3,886,127
0332-3600
This item was reduced by the acting Governor
For the district court of western Hampden at Westfield .................................................. $883,444 $847,141
0332-3700
For the district court of Hampshire at Northampton ....................................................................
$1,784,340
0332-3800
This item was reduced by the acting Governor
For the district court of eastern Hampshire at Ware .................................................... $503,180 $503,180
0332-3900
This item was reduced by the acting Governor
For the district court of Lowell .................................................................................... $3,476,062 $3,376,062
0332-4000
For the district court of Somerville .............................................................................................
$2,471,344
0332-4100
For the district court of Newton .................................................................................................
$978,255
0332-4200
For the district court of Marlborough .........................................................................................
$1,102,342
0332-4300
For the district court of Natick ...................................................................................................
$879,978
0332-4400
This item was reduced by the acting Governor
For the first district court of eastern Middlesex at Malden .............................................$2,191,784 $2,065,027
0332-4500
For the second district court of eastern Middlesex at Waltham ...................................................
$1,509,974
0332-4600
This item was reduced by the acting Governor
For the third district court of eastern Middlesex at Cambridge ...................................... $3,333,247 $3,313,040
0332-4700
For the fourth district court of eastern Middlesex at Woburn ......................................................
$2,263,122
0332-4800
For the first district court of northern Middlesex at Ayer .............................................................
$1,061,628
0332-4900
For the first district court of southern Middlesex at Framingham ..................................................
$2,169,652
0332-5000
This item was reduced by the acting Governor
For the district court of central Middlesex at Concord ................................................. $1,321,436 $1,221,436
0332-5100
For the district court of Nantucket .............................................................................................
$269,937
0332-5200
This item was reduced by the acting Governor
For the district court of northern Norfolk at Dedham; provided, that one court
officer shall be designated by the first justice of said court as the chief
court officer; provided further, that said designation shall not result in the
hiring of any additional personnel; and provided further, that said designation
shall occur without additional cost to the
commonwealth ...............................................................$1,912,579 $1,824,481
0332-5300
For the district court of East Norfolk at Quincy ..........................................................................
$4,684,184
0332-5400
For the district court of western Norfolk at Wrentham ................................................................
$1,535,991
0332-5500
This item was reduced by the acting Governor
For the district court of southern Norfolk at Stoughton ............................................. $1,614,018 $1,482,277
0332-5600
For the municipal court of Brookline ..........................................................................................
$863,861
0332-5700
For the district court of Brockton ...............................................................................................
$3,213,897
0332-5800
For the second district court of Plymouth at Hingham ...............................................................$1,867,849
0332-5900
This item was reduced by the acting Governor
For the third district court of Plymouth at Plymouth ..................................................$2,053,887 $1,953,887
0332-6000
For the fourth district court of Plymouth at Wareham ...............................................................$1,939,992
0332-6100
This item was reduced by the acting Governor
For the district court of Brighton .......................................................................... $1,315,671 $1,178,934
0332-6200
This item was reduced by the acting Governor
For the district court of Charlestown ......................................................................... $717,435 $678,797
0332-6300
For the district court of Chelsea; provided, that notwithstanding the provisions
of any general or special law to the contrary, said district court shall be
the permanent location for the northern trial session to handle six person jury
cases; provided further, that all personnel within said district court whose
duties relate to said northern trial session shall report to the clerk magistrate
of said district court; and provided further, that the clerk magistrate shall
utilize whatever space within the facility at-large he deems necessary to comply
with S.J.C. Rule 3:12, Canon 3(A)6 ....................... $2,318,984
0332-6400
For the municipal court of the Dorchester district .............................. $4,468,725
0332-6500
For the district court of East Boston ........................................ $1,723,538
0332-6600
This item was reduced by the acting Governor
For the district court of Roxbury ............................................................................ $3,638,014 $3,538,014
0332-6700
For the district court of South Boston .................................................... $1,066,330
0332-6800
For the district court of West Roxbury ................................... $2,101,917
0332-6900
For the central district court of Worcester .................................. $4,067,920
0332-7000
For the district court of Fitchburg ....................................... $1,397,999
0332-7100
For the district court of Leominster ....................................... $1,010,628
0332-7200
This item was reduced by the acting Governor
For the district court of Winchendon ............................................. $285,996 $258,995
0332-7300
This item was reduced by the acting Governor
For the first district court of northern Worcester at Gardner ....................................... $1,204,259 $1,089,671
0332-7400
For the first district court of eastern Worcester at Westborough ............................. $1,028,718
0332-7500
For the second district court of eastern Worcester at Clinton ............................... $804,202
0332-7600
This item was reduced by the acting Governor
For the district court of southern Worcester at Dudley .............................................. $1,289,184 $1,272,440
0332-7700
For the second district court of southern Worcester at Uxbridge .................................................
$914,287
0332-7800
This item was reduced by the acting Governor
For the third district court of southern Worcester at Milford ........................................ $998,739 $818,134
0332-7900
For the district court of western Worcester at East Brookfield ....................................................
$886,703
0332-8000
For the development of an early intervention project for substance abusers
at the Cambridge division of the district court department; provided, that such
project shall be administered by a seven member advisory board consisting of
the first justice of the Cambridge court or his designee, the clerk of the Cambridge
court or his designee, the chief probation officer of the Cambridge court or
his designee, the Middlesex county district attorney or his designee, the city
manager of the city of Cambridge or his designee, the chief administrative justice
of the trial court or his designee and one person to be appointed by the governor;
and provided further, that the employment conditions of the project director
and the allocation of project funds shall be determined by the executive board
..............................................$102,410This item was vetoed by the acting Governor
Probate and Family Court Department.
0333-0002
This item was reduced by the acting Governor
For the administrative office of the probate and family court department; provided,
that the case manager shall meet monthly with the department of social services
and shall report quarterly to the house and senate committees on ways and means
on the backlog of cases in the probate court and the parties' progress made
in such backlog each
month ....................................................... $1,831,301 $1,573,653
0333-0100
For the Barnstable probate court ...............................................................................................
$1,591,396
0333-0150
For the operation of a child and parents program in the Barnstable probate court;
provided, that this item shall not be subject to paragraphs (a) and (b) of clause
(xxiii) of the third paragraph of section 9 of chapter 211B of the General
Laws ..............................................$97,020
0333-0200
This item was reduced by the acting Governor
For the Berkshire probate court ................................................................................ $825,226 $810,096
0333-0300
For the Bristol probate court .....................................................................................................
$2,530,000
0333-0400
This item was reduced by the acting Governor
For the Dukes probate court ..................................................................................... $227,134 $134,190
0333-0500
For the Essex probate court ......................................................................................................
$2,534,154
0333-0600
For the Franklin probate court ...................................................................................................
$870,781
0333-0700
For the Hampden probate court ................................................................................................
$2,514,644
0333-0711
For the operation of the Berkshire, Franklin, Hampden and Hampshire family court
clinic to be administratively located in the city of Springfield and to serve
the Berkshire, Franklin, Hampden and Hampshire divisions of the probate court
$48,510
0333-0800
For the Hampshire probate court ...............................................................................................
$984,822
0333-0900
This item was reduced by the acting Governor
For the Middlesex probate court ............................................................................... $5,339,127 $5,135,730
0333-0911
For the Middlesex probate court family services clinic ................................................................
$236,477
0333-1000
For the Nantucket probate court ...............................................................................................
$172,439
0333-1100
For the Norfolk probate court ...................................................................................................
$2,672,020
0333-1111
For the Norfolk probate court family services clinic ..............................................$103,980
0333-1200
For the Plymouth probate court .................................................................................................
$2,395,177
0333-1300
This item was reduced by the acting Governor
For the Suffolk probate court ............................................................................... $3,764,192 $3,711,524
0333-1313
For the Suffolk probate community access program of community outreach and education;
provided, that said program shall be targeted at low income persons who experience
educational and language barriers to court access; and provided further, that
said program shall be administered by the register of probate of Suffolk county
.................... $230,715
0333-1400
For the Worcester probate court ...............................................................................................
$2,753,363
0333-1411
For the Worcester probate court family services clinic ................................................................
$206,697
Land Court Department.
0334-0001
For the operation of the land court; provided, that funds shall be expended
for additional operating and personnel expenses ..................................................................................................................................................
$2,868,631
Boston Municipal Court Department.
0335-0001
This item was reduced by the acting Governor
For the operation of the Boston municipal court ......................................................... $8,464,474 $7,843,323
Housing Court Department.
0336-0002
For the administrative office of the housing court department ......................................................
$115,389
0336-0100
For the Boston housing court .....................................................................................................
$1,043,740
0336-0200
For the western division of the housing court ..............................................................................
$738,496
0336-0300
For the Worcester county housing court .....................................................................................
$718,565
0336-0400
For the southeastern division of the housing court .......................................................................
$1,308,847
0336-0500
F or the northeastern division of the housing court .......................................................................
$728,028
Juvenile Court Department.
0337-0002
For the administrative office of the juvenile court department ......................................................
$1,181,789
0337-0003
For the personnel and expenses associated with the expansion of the juvenile
court, including Berkshire, Essex, Hampshire/Franklin, Hampden, Middlesex, Norfolk,
Plymouth, Suffolk, Worcester and Nantucket/Dukes counties; provided, that $91,150
shall be expended on the CASA program in the Lawrence juvenile court; provided
further, that $72,920 shall be expended for the CASA program in the Worcester
juvenile court; provided further, that $72,920 shall be expended for the CASA
program in the Plymouth county juvenile court; provided further, that $77,478
shall be expended for the Franklin/Hampshire CASA program, including Northampton,
Greenfield, Orange and Ware district courts; provided further, that $54,690
shall be expended for a Berkshire CASA program in the Berkshire county juvenile
court; provided further, that each CASA program shall be assessed 5 per cent
of its appropriation to conduct a qualified independent study of its program;
and provided further, that the findings of said study shall be reported to the
house and senate committees on ways and means not later than January 1, 2003
................................................. $17,262,707
0337-0100
For the Boston juvenile court .....................................................................................................
$3,617,118
0337-0200
For the Bristol juvenile court ......................................................................................................
$3,050,714
0337-0300
For the Springfield juvenile court; provided further, that $145,841 shall be
expended for the CASA program in the Springfield juvenile court; provided further,
that each CASA program shall be assessed 5 per cent of its appropriation to
conduct a qualified independent study of its program; and provided further,
that the findings of said study shall be reported to the house and senate committees
on ways and means not later than January 1, 2003 ................. $1,899,450
0337-0400
For the Worcester juvenile court ................................................................................................
$1,574,382
0337-0500
For the Barnstable county juvenile court located in the town of Plymouth ....................................
$2,116,587
Office of the Commissioner of Probation.
0339-1001
For the office of the commissioner of probation; provided, that notwithstanding
the provisions of any general or special law, rule or regulation to the contrary,
said commissioner, subject to appropriation, shall have exclusive authority
to appoint, dismiss, assign and discipline probation officers, associate probation
officers, probation officers-in-charge, assistant chief probation officers and
chief probation officers; and provided further, that said associate probation
officers shall only perform in-court functions and shall assume the in-court
duties of the currently employed probation officers who shall be reassigned
within the probation service subject to collective bargaining agreements to
perform intensive, community-based supervision of probationers, including the
provisions of intensive supervision and community restraint services as described
in item 0339-1004 of this act ..............................................$13,315,523
0339-1002
For the superior court probation services ...................................................................................
$9,795,463
0339-1003
For the operation of the trial court office of community corrections, including
the costs of personnel.......$3,902,505
0339-1004
For the cost of intensive supervision and community corrections programs; provided,
that said 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, that the number of placements
in said 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 said programs that are undertaken and administered by
court probation offices and county sheriffs' offices; provided further, that
said funds shall be expended for the purpose of providing said programs in Barnstable,
Berkshire, Bristol, Dukes, Essex, Franklin, Hampden, Hampshire, Middlesex, Nantucket,
Norfolk, Plymouth, Suffolk, and Worcester counties in fiscal year 2003; provided
further, that the executive director of the office of community corrections
of the trial court shall enter into interagency service agreements and memoranda
of understanding with said probation offices and sheriffs' offices for the provision
of said programs, including the contracting for detention space for probationers
arrested for violating probation and awaiting court action and detention space
for probationers who have been ordered by the trial court to be supervised at
a higher level of restraint; provided further, that said agreements and memoranda
shall be entered into at the direction of said executive director; provided
further, that said executive director shall submit a spending and management
plan for said programs to the house and senate committees on ways and means
not later than January 30, 2003; and provided further, that said plan shall
include the projected number of probationers to be served by each such program
and include a description of the oversight and services provided to said probationers
................................... $11,760,240
0339-1005
This item was reduced and language was striken by the
acting Governor
The office of the commissioner of probation may expend revenues up to a maximum
of $1,000,000 from fees charged for attorney representation of indigent clients;
provided, that the only revenue available for expenditure in this item for fiscal
year 2003 shall be revenue collected in excess of the amount collected in fiscal
year 2002 from said fees; and provided further, that the comptroller shall
certify to said commissioner upon collection of fiscal year 2003 revenues in
excess of fiscal year 2002 revenue from said fees ........................................................................... $1,000,000 $250,000
0339-1006
This item was reduced and language was striken by the
acting Governor
The commissioner of probation may expend revenues collected from fees charged
for probation supervision pursuant to section 87A of chapter 276 of the General
Laws in excess of the amount collected in fiscal year 2002, calculated on a
monthly basis; provided, that the comptroller shall certify to said commissioner
of probation at the end of each month the amount available for expenditure from
this item .......................................................... $1,000,000 $250,000
Office of the Jury Commissioner.
0339-2100
For the office of jury commissioner in accordance with chapter 234A of the General
Laws ......... $1,918,172
Suffolk District Attorney.
0340-0100
For the Suffolk district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
the domestic violence unit and the children's advocacy center; provided, that
not more than $125,000 shall be expended for a North Dorchester safe neighborhood
initiative, in Suffolk county; provided further, that not more than $125,000
shall be expended for a safe neighborhood initiative, in Suffolk county; provided
further, that the office shall submit a report to the house and senate committees
on ways and means not later than February 1, 2003 summarizing the number and
types of criminal cases managed or prosecuted by the office in calendar year
2002 and the disposition or status thereof which shall be delineated by each
jurisdiction of the district, juvenile, probate or superior court in which the
cases were managed or prosecuted; and provided further, that no assistant district
attorney shall be paid an annual salary of less than $35,000.......................................................$13,079,260
General Fund .................................................................................................... 93.00%
Victim and Witness Assistance Fund ................................................................... 7.00%
Middlesex District Attorney.
0340-0200
For the Middlesex district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
and the domestic violence unit; provided, that the office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by said office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which the cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less
than $35,000 .......................................................$10,499,483
General Fund .................................................................................................... 89.00%
Victim and Witness Assistance Fund .................................................................... 11.00%
Essex District Attorney.
0340-0300
For the Essex district attorney's office, including the victim and witness assistance
program, the child abuse and sexual assault prosecution program, and the domestic
violence unit; provided, that the office shall submit a report to the house
and senate committees on ways and means not later than February 1, 2003 summarizing
the number and types of criminal cases managed or prosecuted by the office in
calendar year 2002 and the disposition or status thereof which shall be delineated
by each jurisdiction of the district, juvenile, probate or superior court in
which the cases were managed or prosecuted; and provided further, that no assistant
district attorney shall be paid an annual salary of less
than $35,000 ......... $6,363,177
General Fund .................................................................................................... 89.00%
Victim and Witness Assistance Fund .................................................................. 11.00%
Worcester District Attorney.
0340-0400
For the Worcester district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program and
the domestic violence unit; provided, that the office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which the cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less than $35,000........................... $6,773,463
General Fund ................................................................................................ 92.00%
Victim and Witness Assistance Fund ............................................................... 8.00%
Hampden District Attorney.
0340-0410
For the analyses of narcotic drug synthetic substitutes, poisons, drugs, medicines
and chemicals at the University of Massachusetts medical school in order to
support the law enforcement efforts of the district attorneys, the state police
and municipal police departments .....................................................................................................
$300,000
0340-0500
For the Hampden district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
and the domestic violence unit; provided, that the office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which the cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less
than $35,000 ...............................................$5,861,138
General Fund ..................................................................................................... 87.00%
Victim and Witness Assistance Fund ................................................................. 13.00%
Hampshire/Franklin District Attorney.
0340-0600
For the Hampshire/Franklin district attorney's office, including the victim
and witness assistance program, the child abuse and sexual assault prosecution
program, and the domestic violence unit; provided, that said office shall submit
a report to the house and senate committees on ways and means not later than
February 1, 2003 summarizing the number and types of criminal cases managed
or prosecuted by said office in calendar year 2002 and the disposition or status
thereof which shall be delineated by each jurisdiction of the district, juvenile,
probate or superior court in which said cases were managed or prosecuted; provided,
that not less than $120,000 shall be expended for the salaries and expenses
of a children's advocacy project, so-called; and provided further, that no assistant
district attorney shall be paid an annual salary of less than $35,000 ..................................................................................................................................................
$4,120,908
General Fund .................................................................................................... 86.00%
Victim and Witness Assistance Fund ................................................................. 14.00%
Norfolk District Attorney.
0340-0700
For the Norfolk district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
and the domestic violence unit; provided, that said office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by said office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which said cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less than $35,000 $6,833,969
General Fund ............................................................................................... 89.00%
Victim and Witness Assistance Fund ............................................................. 11.00%
Plymouth District Attorney.
0340-0800
For the Plymouth district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
and the domestic violence unit; provided, that no assistant district attorney
shall be paid an annual salary of less than $35,000; provided further, that
the Plymouth county district attorney's office shall employ a special assistant
district attorney to specialize in the investigation and prosecution of alleged
criminal offenses committed by inmates in state correctional facilities, county
and state houses of corrections, and jails; provided further, that interagency
service agreements shall be established between the Plymouth county district
attorney's office and the office of the district attorneys for Bristol, and
the Cape and Islands to equally share the compensation and related expenses
of said special assistant; provided further, that said special assistant shall
practice only in those jurisdictions participating in said interagency service
agreement; 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 herein .........................
$5,391,403
General Fund .............................................................................................. 88.00%
Victim and Witness Assistance Fund ............................................................. 12.00%
Bristol District Attorney.
0340-0900
For the Bristol district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program and
the domestic violence unit; provided, that the office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by the office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which the cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less
than $35,000 ......... $5,818,947
General Fund ........................................................................................... 87.00%
Victim and Witness Assistance Fund ...................................................... 13.00%
Cape and Islands District Attorney.
0340-1000
For the Cape and Islands district attorney's office, including the victim and
witness assistance program, the child abuse and sexual assault prosecution program
and the domestic violence unit; provided, that not less than $20,000 shall be
expended for the Cape and Islands Child Advocacy Center; and provided further,
that no assistant district attorney shall be paid an annual salary of less than
$35,000 ....................................................................................
$2,611,949
General Fund ............................................................................................. 83.00%
Victim and Witness Assistance Fund ......................................................... 17.00%
Berkshire District Attorney.
0340-1100
For the Berkshire district attorney's office, including the victim and witness
assistance program, the child abuse and sexual assault prosecution program,
and the domestic violence unit; provided, that said office shall submit a report
to the house and senate committees on ways and means not later than February
1, 2003 summarizing the number and types of criminal cases managed or prosecuted
by said office in calendar year 2002 and the disposition or status thereof which
shall be delineated by each jurisdiction of the district, juvenile, probate
or superior court in which said cases were managed or prosecuted; and provided
further, that no assistant district attorney shall be paid an annual salary
of less than $35,000 $2,426,106
General Fund ................................................................................................. 80.00%
Victim and Witness Assistance Fund ........................................................ 20.00%
District Attorneys Association.
0340-2100
For the operation of the Massachusetts District Attorneys' Association, including
the implementation and related expenses of the district attorneys' office automation
and case management and tracking system; provided, that expenses associated
with the system may be charged directly to this item; provided further, that
the 11 district attorneys of the commonwealth may contribute a portion of their
fiscal year 2003 appropriation to the Massachusetts District Attorneys' Association
in order to alleviate the cost of the case management and tracking system as
well as the cost of data lines associated with the district attorney's computer
network; provided further, that each district attorney shall submit a report
to the Massachusetts District Attorneys' Association and the house and senate
committees on ways and means delineating all funds expended for the purpose
of implementing the case management and tracking system not later than February
15, 2003; provided further, that the report shall include, but not be limited
to, an analysis of the total cost of the district attorneys' computer network,
the total cost incurred by each district attorney's office, a detailed list
of all hardware and software leased, owned or operated by each district attorney,
a plan for any purchases to be made in the remainder of fiscal year 2003 and
a detailed summary of any policies implemented to contain the costs of the network
by either the Massachusetts District Attorneys Association or the individual
district attorneys' offices; provided further, that no expenditures shall be
made, on or after the effective date of this act, which would cause the commonwealth's
obligation for the purpose of this item to exceed the amount appropriated in
this item; and provided further, that the said association shall submit a report
to the house and senate committees on ways and means not later than January
31, 2003 detailing, by district attorney office, all sources of revenue, including,
but not limited to, federal and state grants that were received in fiscal year
2002 ..................................................... $1,344,906
0340-2101
For the overtime costs of state police officers assigned to the district attorneys;
provided, that no such costs associated with said officers shall be funded from
item 8100-0007; provided further, that not less than $261,479 shall be expended
at the direction of the district attorney for the Suffolk district; provided
further, that not less than $366,410 shall be expended at the direction of the
district attorney for the Middlesex district; provided further, that not less
than $348,894 shall be expended at the direction of the district attorney for
the Essex district; provided further, that not less than $281,208 shall be expended
at the direction of the district attorney for the Worcester district; provided
further, that not less than $219,703 shall be expended at the direction of the
district attorney for the Hampden district; provided further, that not less
than $127,953 shall be expended at the direction of the district attorney for
the Franklin/Hampshire district; provided further, that not less than $318,672
shall be expended at the direction of the district attorney for the Norfolk
district; provided further, that not less than $242,316 shall be expended at
the direction of the district attorney for the Plymouth district; provided further,
that not less than $229,498 shall be expended at the direction of the district
attorney for the Bristol district; provided further, that not less than $187,750
shall be expended at the direction of the district attorney for the Cape and
Islands district; provided further, that not less than $70,603 shall be expended
at the direction of the district attorney for the Berkshire district; 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 herein ..............................................
$3,079,377
Highway Fund ........................................................................................ 88.20%
Local Aid Fund ................................................................................ 9.50%
General Fund .......................................................................................... 2.30%
0340-8908
For the costs associated with maintaining the association's wide area network
............................. $1,285,000
EXECUTIVE.
0411-1000
For the offices of the governor, the lieutenant governor, the governor's council,
and the governor's commission on mental retardation; provided, that the amount
appropriated in this item may be used at the discretion of the governor for
the payment of extraordinary expenses not otherwise provided for and for transfer
to appropriation accounts where the amounts otherwise available may be insufficient;
provided further, that not more than $205,161 shall be spent on the governor's
commission on mental retardation; and provided further, that the advisory council
on Alzheimer's disease and related disorders, as established in the office of
the governor by section 379 of chapter 194 of the acts of 1998, and section
80 of chapter 236 of the acts of 2000, shall continue during fiscal years 2003
and 2004 ............. $5,135,418
SECRETARY OF THE COMMONWEALTH.
0511-0000
For the operation of the office of the secretary; provided, that said office
shall submit a report detailing staffing patterns for each program operated
by said office; provided further, that said report shall include, but not be
limited to, actual and functional job titles by program, compensation rates
and lengths of service for each employee; and provided further, that said office
shall submit said report not later than January 31, 2003 to the house and senate
committees on ways and means ............................$6,628,293
0511-0001
The state secretary is hereby authorized to expend revenues not to exceed $30,000
from the sale of merchandise at the Massachusetts state house gift shop for
the purpose of replenishing and restocking gift shop inventory ........................................................$30,000
0511-0108
The state secretary acting on behalf of the commonwealth may sell, transfer
or license the Division of Corporations' software and related documents pertaining
to its web based searching and filing applications, including uniform commercial
code software, developed by the department of the secretary and copyrighted
by it to other states, multi-state or regional associations or other sovereign
governments on such terms or conditions as in his sole discretion reasonably
compensates the commonwealth for its interests. From the proceeds of such sales
or license or use agreements, the secretary may retain and expend revenues not
to exceed 10 per cent or $800,000 whichever is greater for technical activities
of the corporations division the remainder to be deposited in the General Fund.
The secretary may also provide web hosting, and on-going support and maintenance
to other states, provinces or territories of Canada relative to their UCC and
corporate applications. The department of the state secretary may accept credit
and debit cards from individuals and corporations filing documents with the
department ...................................................................................................................
$800,000
0511-0200
For the operation of the state archives division ...........................................................................
$530,450
0511-0230
For the operation of the records center ......................................................................................
$155,985
0511-0250
For the operation of the archives facility .....................................................................................
$416,804
0511-0260
For the operation of the commonwealth museum ........................................................................
$187,390
0511-0420
For the operation of the address confidentiality program .............................................................
$108,662
0517-0000
For the printing of public documents ..........................................................................................
$850,107
0521-0000
For the operation of the elections division, including preparation, printing
and distribution of ballots and for other miscellaneous expenses for primary
and other elections; provided, that the secretary of state may award grants
for voter registration and education in the cities of Boston, Springfield and
Worcester; provided further, that such registration and education activities
may be conducted by community-based voter registration and education organizations;
and provided further, that said secretary shall submit a report to the house
and senate committees on ways and means not later than January 31, 2003 detailing
the amount appropriated for the purposes of providing reimbursements for the
costs of extended polling hours from this item to each city or town ..................................................................
$4,580,239
0521-0001
For the operation of the central voter registration computer system; provided
that a report detailing the status, remaining costs and further implementation
requirements of the central voter registration system shall be submitted to
the house and senate committees on ways and means not later than January 31,
2003; and provided further, that an annual report detailing voter registration
activity shall be submitted to the house and senate committees on ways and means
on or before January 31, 2003 ..............................................................................................................................
$4,494,023
0524-0000
For providing information to voters ............................................................................................
$1,151,322
0526-0100
For the operation of the Massachusetts historical commission; provided, that
funds may be expended for the Essex National Heritage Commission archives ...................................................................................................
$792,856
0527-0100
For the operation of the ballot law commission ...........................................................................
$16,286
0528-0100
For the operation of the records conservation board ..................................................................
$30,740
0540-0900
For the registry of deeds located in Lawrence in the former county of Essex
............................... $744,292
0540-1000
For the registry of deeds located in Salem in the former county of Essex. ...................................
$2,188,103
0540-1100
For the registry of deeds in the former county of Franklin ...........................................................
$495,444
0540-1200
For the registry of deeds in the former county of Hampden .........................................................
$2,016,837
0540-1300
For the registry of deeds in the former county of Hampshire .......................................................
$527,234
0540-1400
For the registry of deeds located in Lowell in the former county of Middlesex
............................. $1,232,274
0540-1500
For the registry of deeds located in Cambridge in the former county of Middlesex
....................... $3,290,986
0540-1600
For the registry of deeds located in Adams in the former county of Berkshire
.............................. $289,748
0540-1700
For the registry of deeds located in Pittsfield in the former county of Berkshire
............................ $450,614
0540-1800
For the registry of deeds located in Great Barrington in the former county of
Berkshire ............... $204,051
0540-1900
For the registry of deeds in the former county of Suffolk .............................................................
$2,007,223
0540-2000
For the registry of deeds located in Fitchburg in the former county of Worcester
......................... $507,349
0540-2100
For the registry of deeds located in the city of Worcester in the former county
of Worcester ....... $1,947,832
TREASURER AND RECEIVER-GENERAL.
Office of the Treasurer and Receiver-General.
0610-0000
For the office of the treasurer and receiver-general; provided, that the treasurer
shall provide computer services required by the teachers' retirement board;
provided further, that to the extent that bank fees, so-called, exceed the amount
appropriated in item 0610-0100, the treasurer may, subject to an allocation
plan filed in advance with the house and senate committees on ways and means,
transfer from this item to said item 0610-0100, an amount sufficient to ensure
full payment of the bank fees; provided, further, that 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; and provided further, that said report shall be submitted
to said board on or before January 31, 2003 $7,054,378
General Fund .......................................................................................... 50.00%
Local Aid Fund .........................................................................................
Highway Fund ............................................................................................. 10.00%
0610-0100
For the payment of bank fees; provided, that the treasurer may transfer funds
from this item to item 0610-0000 for one-time, non-recurring expenditures upon
certification to the secretary of administration and finance that the remaining
balance in this account will be sufficient to make all necessary expenditures
.................................. $4,453,880
General Fund ............................................................................................ 50.00%
Local Aid Fund ......................................................................................... 40.00%
Highway Fund ................................................................................... 10.00%
0610-1500
For tuition payments as required by section 12B of chapter 76 of the General
Laws, notwithstanding chapter 29 of the General Laws to the contrary; provided,
that the state treasurer may expend in anticipation of revenue amounts necessary
to meet payments; and provided further, that the state treasurer shall deduct
the amount expended from this account from items 7061-0008 and 0611-5500 and
from the amounts specified in section 3, in accordance with said section 12B
of said chapter 76.
0611-1000
For bonus payments to war veterans ..........................................................................................
$17,500
0611-5500
This item was reduced by the acting Governor
For additional assistance to cities and towns to be distributed according to
section 3 and for assistance to certain public entities of the commonwealth
which have constructed water pollution abatement facilities; provided, that
the distribution to the public entities shall equal $1,249,948 .............................................................. $477,565,230 $446,565,230
Local Aid Fund ..................................................................................... 100.00%
0611-5510
This item was reduced by the acting Governor
For reimbursements to cities and towns in lieu of taxes on state-owned land
pursuant to sections 13 to 17, inclusive, of chapter 58 of the General Laws
.................................................................................. $15,000,000 $10,000,000
Local Aid Fund .............................................................................. 100.00%
0611-5800
For distribution to each city and town within which racing meetings are conducted
pursuant to section 18D of chapter 58 of the General Laws ......................................................................................................................
$1,701,250
Local Aid Fund .................................................................................... 100.00%
Pension Benefits.
0612-0105
For payment of the public safety employee killed in line of duty benefit authorized
by section 100A of chapter 32 of the General Laws ............................................................................................................................
$500,000
Local Aid Fund ................................................................................. 100.00%
0612-1010
For the Commonwealth's Pension Liability Fund established under section 22 of
chapter 32 of the General Laws; provided, further, that the amount appropriated
in this item shall constitute the second payment of a triennial funding schedule
as part of the 23 year funding schedule for the commonwealth's unfunded pension
liability pursuant to section 22 of chapter 32; provided further, that the amount
appropriated in this item shall meet the commonwealth's obligations under section
22C of said chapter 32, including retirement benefits payable by the state employees'
and the state teachers' retirement systems, for the costs associated with a
3 per cent cost-of-living adjustment pursuant to section 102 of said chapter
32, the reimbursement of local retirement systems for previously authorized
cost-of-living adjustments pursuant to section 102 of said chapter 32, and for
the costs of increased survivor benefits pursuant to chapter 389 of the acts
of 1984; provided further, that subject to the rules and regulations promulgated
by the treasurer, the state retirement board and each city, town, county and
district shall verify the cost thereof and the treasurer may to make such payments
upon a transfer of funds as provided in this item, to reimburse certain cities
and towns for pensions to retired teachers and including any other obligations
which the commonwealth has assumed on behalf of any retirement system other
than the state employees' or state teachers' retirement systems and including
the commonwealth's share of the amounts to be appropriated pursuant to section
22B of said chapter 32 and the amounts to be appropriated pursuant to subsection
(a) of the last paragraph of section 21 of chapter 138 of the General Laws;
provided further, that all payments for the purposes described in this item
shall be made only pursuant to distribution of monies from the fund; provided
further, that any such distribution and the payments for which distributions
are required shall be detailed in a written report filed quarterly by the commissioner
of administration with the house and senate committees on ways and means and
the joint committee on public service in advance of such distribution; provided
further, that such distributions shall not be made in advance of the date on
which a payment is actually to be made; provided further, that the state retirement
board may expend an amount for the purposes of the higher education coordinating
council's optional retirement program pursuant to section 40 of chapter 15A
of the General Laws; provided further, that except where authorized in this
item, no funds shall be expended from this item, other than deposits to the
Commonwealth's Pension Liability Fund; and provided further, that to the extent
that the amount appropriated in this item exceeds the amount necessary to adequately
fund this item, the excess amount shall be credited to the Pension Reserves
Investment Trust Fund of the commonwealth for the purpose of reducing the unfunded
pension liability of the commonwealth .......................................................
$796,758,000
Local Aid Fund ..................................................................................... 59.00%
General Fund ........................................................................................... 33.90%
H ighway Fund ......................................................................................... 7.00%
Inland Fisheries and Game Fund ............................................................. 0.10%
0612-2000
For retirement benefits authorized pursuant to chapters 712 and 721 of the acts
of 1981, chapter 154 of the acts of 1983, chapter 67 of the acts of 1988, and
chapter 621 of the acts of 1989, for the compensation of veterans who may be
retired by the state board of retirement, including individuals formerly in
the service of the division of employment security whose compensation for such
service was paid in full from a grant from the federal government and for the
cost of medical examinations in connection therewith, for pensions of retired
judges or their widows or widowers, for retirement allowances of certain employees
formerly in the service of the administrative division of the metropolitan district
commission, for retirement allowances of certain veterans and police officers
formerly in the service of the metropolitan district commission, for retirement
allowances of certain veterans formerly in the service of the metropolitan sewerage
district, for retirement allowances of certain veterans formerly in the service
of the metropolitan water system and for annuities for widows or widowers of
certain former members of the uniformed branch of the state police .... $16,790,766
General Fund ............................................................................................................... 82.20%
Highway Fund ............................................................................ .17.80%
Commission on Firefighters' Relief.
0620-0000
For financial assistance to injured firefighters ..............................................................................
$9,808
Local Aid Fund .......................................................................................... 100.00%
Emergency Finance Board.
0630-0000
For the operation of the emergency finance board; provided, that notwithstanding
any general or special law to the contrary, no employee of the department of
revenue shall receive any reimbursement for services from this item $41,739
Local Aid Fund ............................................................................ 100.00%
Lottery Commission.
0640-0000
This item was reduced by the acting Governor
For the operation of the state lottery commission and arts lottery; provided,
that no funds shall be expended from this item for any costs associated with
the promotion or advertising of lottery games; provided further, that positions
funded by this item shall not be subject to chapters 30 and 31 of the General
Laws; and provided further, that 25 per cent of the amount appropriated herein
shall be transferred quarterly from the State Lottery Fund to the General
Fund .............................................................................. $64,341,822
0640-0001
For the operation of the state lottery commission; provided, that the commission
may seek revenue from corporate advertising for non-lottery products on scratch
tickets; provided further, that tickets shall show the odds of winning; provided
further, that payments from corporate advertising shall be deposited into the
general fund; and provided further, that expenditure in this item is limited
to an amount not to exceed 50 per cent of revenues collected from corporate
advertising payments or the amount appropriated herein, whichever is less .............................................
$3,653,019
0640-0005
For the costs associated with the continued implementation of the game of keno;
provided, that any sums expended on promotional activities shall be limited
to point of sale promotions and agent newsletters; and provided further, that
25 per cent of the amount appropriated in this item shall be transferred quarterly
from the State Lottery Fund to the General Fund $1,233,347
0640-0010
For the promotional activities associated with the state lottery program; provided,
that such promotional expenses 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 ............... $240,000 $132,549
0640-0096
For the purpose of the commonwealth's fiscal year 2003 contributions to the
health and welfare fund established pursuant to the collective-bargaining agreement
between the lottery commission and the service employees international union,
Local 254, AFL-CIO; provided, that the contributions shall be paid to the trust
fund on such basis as the collective bargaining agreement provides; and provided
further, that 25 per cent of the amount appropriated herein shall be transferred
quarterly from the State Lottery Fund to the General Fund ...................................................
$301,392
0640-0300
This item was reduced by the acting Governor
For the services and operations of the council, including grants to or contracts
with public and non-public entities; provided, that notwithstanding the provisions
of any general or special law to the contrary, the council may expend the amounts
herein appropriated for the purposes of the council as provided in sections
52 to 58, inclusive, of chapter 10 of the General Laws in amounts and at times
as the council may determine pursuant to section 54 of said chapter 10; provided
further, that 25 per cent of the amount appropriated herein shall be transferred
quarterly from the Arts Lottery Fund to the General Fund; provided further,
that any funds expended from this item for the benefit of schoolchildren shall
be expended for the benefit of all Massachusetts schoolchildren and on the same
terms and conditions; provided further, that the council shall not expend funds
from this item for any grant or contract recipient that, in any program or activity
for Massachusetts schoolchildren, does not apply the same terms and conditions
to all such schoolchildren; provided further, that not more than $1,000,000
of the funds appropriated herein shall be used to assist cultural organizations
in augmenting or initiating endowments to promote the financial stability of
such organizations and the assistance shall be in the form of challenge grants
to the organizations; provided further, that in order to receive a grant a cultural
organization shall raise an amount at least equal to the amount of the grant
for the organization's endowment; provided further, that funds provided by the
grants shall, in perpetuity, be used solely to provide free or reduced rate
public programs or services to citizens of the commonwealth; provided further,
that no grant made under this program shall exceed $100,000; and provided further,
that persons employed under this item shall be considered employees within the
meaning of section 1 of chapter 150E of the General Laws and shall be placed
in the appropriate bargaining units .................... $13,102,801 $6,551,401
0640-0350
This item was reduced by the acting Governor
For the purposes of cultural resources pursuant to section 36 of chapter 69
of the General Laws including grants to or contracts with public and non-public
entities; provided, that the council shall not expend funds from this item for
any recipient that, in any program or activity for Massachusetts schoolchildren,
does not apply the same terms and conditions to all such schoolchildren; and
provided further, that 25 per cent of the amount appropriated herein shall be
transferred quarterly from the State Lottery Fund to the General Fund ............................................... $1,487,040 $743,520
Debt Service.
0699-0015
For the payment of interest, discount and principal on certain bonded debt and
the sale of bonds of the commonwealth, previously charged to the Local Aid Fund,
the State Recreation Areas Fund, the Metropolitan Parks District Fund, the Metropolitan
Water District Fund, the Metropolitan Sewerage District Fund, the Watershed
Management Fund, the Highway Fund, and the Inter-City Bus Fund; provided, that
payments of certain serial bonds maturing previously charged to the Local Aid
Fund, the State Recreation Areas Fund, the Metropolitan Water District Fund,
the Metropolitan Sewerage District Fund, and the Highway Fund shall be paid
from this item; provided further, that notwithstanding any general or special
law to the contrary, the state treasurer may make payments pursuant to section
38C of chapter 29 of the General Laws from this item and item 0699-9100; provided
further, that such 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, 2003, from this item
to 0699-9100 or from 0699-9100 to this item which would otherwise have insufficient
amounts to meet debt service obligations for the fiscal year ending June 30,
2003; provided further, that each amount transferred shall be charged to the
funds as specified in the line item to which the amount is transferred; provided
further, that payments on bonds issued pursuant to section 2O of chapter 29
of the General Laws shall be paid from this item and shall be charged to the
Infrastructure sub-fund of the Highway fund; provided further, that payments
of interest, discount and principal on certain bonded debt of the commonwealth
associated with the Watershed Management Fund for the acquisition of development
rights and other interests in land, including fee simple acquisitions of watershed
lands of the Quabbin and Wachusett reservoirs and the Ware river watershed above
the Ware river intake pipe shall be paid from this item; provided further, that
notwithstanding any general or special law to the contrary or other provisions
of this item, the comptroller may charge the payments authorized herein to the
appropriate budgetary or other fund subject to a plan which the comptroller
shall file 10 days in advance with the house and senate committees on ways and
means; and provided further, that the comptroller shall transfer from this item
to the government land bank fund an amount equal to the amount by which debt
service charged to said fund exceeds revenue deposited to said fund ........
$1,337,485,000
General Fund .............................................................................................. 56.34%
Highway Fund ........................................................................................... 31.93%
Local Aid Fund .......................................................................................... 11.39%
Watershed Management Fund ................................................................. 0.34%
0699-0017
For payment of interest on notes issued pursuant to Chapter 235 of the Acts
of 1998 in anticipation of certain payments to be received from the Massachusetts
Port Authority .........................................................................
$6,299,000
Highway Fund .................................................................... 100.00%
0699-2004
For the payment of interest, discount and principal on certain indebtedness
which may be incurred for financing the central artery/third harbor tunnel funding
shortfall ...................................................................................
$52,989,000
Highway Fund .....................................................................................100.00%
0699-9100
For the payment of interest and issuance costs on bonds and bond and revenue
anticipation notes and other notes pursuant to sections 47 and 49B of chapter
29 of the General Laws; provided, that the treasurer shall certify to the comptroller
a schedule of the distribution of costs among the various funds of the commonwealth;
provided further, that the comptroller shall charge costs to such funds in accordance
with such schedule; and provided further, that any deficit in this item at the
close of the fiscal year ending June 30, 2003 shall be charged to the various
funds or to the General Fund or highway fund debt service reserves ..................................................................................................................................................
$20,950,000
0699-9101
For the purpose of depositing with the trustee under the trust agreement authorized
in section 10B of chapter 11 of the acts of 1997, an amount to be used to pay
the interest due on notes of the commonwealth issued pursuant to section 9 of
said chapter 11 and secured by the Federal Highway Grant Anticipation Note Trust
Fund .........$74,698,000
0699-9200
For certain debt service contract assistance to the Massachusetts Development
Finance Agency in accordance with chapter 23G of the General Laws ..........................................................................................................
$13,279,968
Office of the State Auditor.
0710-0000
For the office of the state auditor, including the review and monitoring of
privatization contracts in accordance with sections 52 to 55, inclusive, of
chapter 7 of the General Laws and shared oversight of the central artery/third
harbor tunnel project; provided, that a report shall be submitted to the house
and senate committees on ways and means not later than December 1, 2002 delineating
the privatization contracts reviewed and monitored during fiscal year 2002;
and provided further, that the report shall further detail the number of full-time
equivalent positions assigned by the office for the review of each of the privatization
contracts ................................................... $14,380,300
0710-0100
For the operation of the division of local mandates .....................................................................
$585,103
Local Aid Fund ............................................................................... 100.00%
0710-0200
For the operation of the bureau of special investigations; provided, that the
director of the bureau shall report to the house and senate committees on ways
and means no later than February 15, 2003 on the monthly investigator caseload,
without disclosing names or other personal identifiers, for fiscal years 1995
to 2001, inclusive; provided further, that said report shall include the monthly
average of the amounts recovered by the commonwealth through successful prosecution,
settlement or other disposition of such cases investigated for fiscal years
1995 to 2002, inclusive; provided further, that said report shall separately
delineate the caseload data for the front-end detection program so-called; and
provided further, that said report shall state the most recent activity date
for each open case assigned to each investigator as of the first business day
of each fiscal quarter of fiscal years 2001 and 2002 for which such information
is available ..$1,300,000
Office of the Attorney General.
0810-0000
For the office of the attorney general, including the administration of the
local consumer aid fund, the operation of the anti-trust division, all regional
offices, a high-tech crime unit and the victim and witness compensation program;
provided, that the victim and witness compensation program shall be administered
in accordance with chapters 258B and 258C of the General Laws; provided further,
that the attorney general shall submit to the general court and the secretary
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; provided further, that not more than $250,000
shall be expended for a grants program for the safe neighborhood initiative-jobs
for youth program; provided further, that not more than $250,000 shall be expended
from the funds appropriated in this item for a safe neighborhood initiative
pilot program in the Bowdoin/Geneva area, of Dorchester; provided further, that
the public proceedings unit shall review the water rate increases; provided
further, that no more than $240,000 shall be expended for the operation of a
child protection unit, so-called; and provided further, that funds may be expended
for the commission on uniform state
laws .................................................................... $20,851,774
General Fund ....................................................................................... 92.74%
Local Aid Fund ........................................................................................... 3.91%
Anti-Trust Law Enforcement Fund ............................................................. 1.98%
Victim and Witness Assistance Fund .................................................... 0.88%
Safe Drinking Water Act Fund ......................................................... 0.49%
0810-0004
For compensation to victims of violent crimes; provided, that notwithstanding
the provisions of chapter 258C of the General Laws, if a claimant is 60 years
of age or older at the time of the crime and is not employed or receiving unemployment
compensation, such claimant shall be eligible for compensation in accordance
with said chapter 258C even if the claimant has suffered no out-of-pocket loss;
provided further, that compensation to such claimant shall be limited to a maximum
of $50; and provided further, that notwithstanding the provisions of any general
or special law to the contrary, victims of the crime of rape shall be notified
of all available services designed to assist rape victims including, but not
limited to, the provisions outlined in section 5 of chapter 258A of the General
Laws $2,156,000
General Fund ........................................................................................... 78.21%
Victim and Witness Assistance Fund .................................................... 21.79%
0810-0007
For the overtime costs of state police officers assigned to the attorney general;
provided, that no such costs associated with said officers shall be funded from
item 8100-0007; 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 ............................................................................................................
$486,517
Highway Fund ................................................................................ 88.20%
Local Aid Fund .............................................................................. 9.50%
General Fund .............................................................................. 2.30%
0810-0014
For the operation of the department of telecommunications and energy proceedings
unit, pursuant to section 11E of chapter 12 of the General Laws; provided, that
notwithstanding any general or special law to the contrary, the amount assessed
to said unit shall be equal to the amount expended from this item ..............................
$1,395,065
0810-0017
For the expenses related to judicial proceedings relevant to the fuel charge
pursuant to section 94G of chapter 164 of the General Laws and such other proceedings
as may be reasonably related to the section; provided, that the assessment levied
for such expense shall be credited to the General Fund ...............................................................
$73,500
0810-0021
For the operation of the Medicaid fraud control unit; provided, that the federal
reimbursement for any expenditure from this item shall not be less than 75 per
cent of such expenditure; provided further, that not less than $225,000 shall
continue to be used specifically for the investigation and prosecution of abuse,
neglect, mistreatment and misappropriation based on referrals from the department
of public health pursuant to section 72H of chapter 111 of the General Laws;
provided further, that the unit shall provide training for all investigators
of the department's division of health care quality responsible for such investigations
on a periodic basis pursuant to a comprehensive training program to be developed
by the division and the unit; and provided further, that training shall include
instruction on techniques for improving the efficiency and quality of investigations
of abuse, neglect, mistreatment and misappropriation pursuant to said section
72H ....$1,816,248
0810-0045
For the labor law enforcement program pursuant to subsection (b) of section
1 of chapter 23 of the General Laws; provided, that notwithstanding the provisions
of any general or special law to the contrary, any non-management position funded
by this item shall be deemed a job title in a collective bargaining unit as
prescribed by the labor relations commission and shall be subject to the provisions
of chapter 150E of the General Laws ................... $3,043,422
0810-0201
For the costs incurred in administrative or judicial proceedings on insurance
as authorized by section 11F of chapter 12 of the General Laws; provided, that
funds made available in this item may be used to supplement the automobile insurance
fraud unit and the workers' compensation fraud unit of the office of the attorney
general; and provided further, that notwithstanding any general or special law
to the contrary, the amount assessed for said costs shall be equal to the amount
expended from this item ....... $1,375,223
0810-0338
For the investigation and prosecution of automobile insurance fraud; provided,
that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount
assessed pursuant to said section 3 for the cost of this program shall be $280,164
........$280,164
0810-0399
For the investigation and prosecution of workers' compensation fraud; provided,
that notwithstanding section 3 of chapter 399 of the acts of 1991, the amount
assessed pursuant to said section 3 for the cost of this program shall be $280,164;
provided further, that the attorney general shall investigate and prosecute,
where appropriate, employers who fail to provide workers' compensation insurance
in accordance with the laws of the commonwealth; and provided further, that
said unit shall investigate and report on all companies not in compliance with
chapter 152 of the General Laws ..$280,164
Victim Witness Assistance Board.
0840-0100
For the operation of the Massachusetts office for victim assistance; provided,
that said office shall submit a comprehensive report compiled from the information
required of and submitted to said 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 said report shall be submitted to the house
and senate committees on ways and means on or before February 15, 2003 ...................................
$380,007
Victim and Witness Assistance Fund ..................................................... 100.00%
0840-0101
For the safeplan advocacy program; provided, that the amount allocated in this
item shall be expended on the salaries and employee benefits of safeplan advocates
and regional coordinators, including the advocates in the Hampshire probate
and family court and the Northampton and Ware district courts; provided further,
that funds may be expended by the Massachusetts office for victim assistance
to administer the program; provided further, that said office shall submit to
the house and senate committees on ways and means not later than February 3,
2003 a report detailing the effectiveness of contracting for said program including,
but not limited to, the number and types of incidents to which such advocates
responded, the types of services and service referrals provided by such domestic
violence advocates, the cost of providing such services and the extent of coordination
with other service providers and state
agencies ......................................... $590,826
STATE ETHICS COMMISSION.
0900-0100
For the operation of the state ethics commission .........................................................................
$1,265,221
General Fund ........................................................................ 50.00%
Local Aid Fund ..................................................................... 50.00%
OFFICE OF THE INSPECTOR GENERAL.
0910-0200
For the operation of the office of the inspector general ................................................................
$1,725,658
0910-0210
The office of the inspector general may expend revenues collected up to a maximum
of $196,530 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
.............................................................................................................
$196,530
OFFICE OF CAMPAIGN AND POLITICAL FINANCE.
0920-0300
For the operation of the office of campaign and political finance ..................................................
$997,813
General Fund ............................................................................. 50.00%
Local Aid Fund .............................................................................. 50.00%
OFFICE OF THE STATE COMPTROLLER.
1000-0001
Language was struck out by the acting Governor
For the office of the state comptroller for the purpose and cost of compliance
with the Single Audit Act of 1984, Public Law 89-502, and for the federally
required comprehensive, statewide single audit of state operations for the fiscal
year ending June 30, 2003 in accordance with generally accepted accounting principles;
provided, that the office of the comptroller shall charge other items of appropriation
for the cost of said audit from allocated federal funds transferred from federal
reimbursement and grant receipts; provided further, that the office of the comptroller
shall charge not more than a total of $725,000 to other items of appropriation
for the cost of said audit; provided further, that notwithstanding any general
or special law to the contrary, allocated federal funds transferred from federal
reimbursement and grant receipts shall be retained and expended from a separate
item without further appropriation, in addition to state funds appropriated
to this item, for the cost of compliance with the mandate of the federal law
and the office of management and budget regulations; provided further, that
the amount of any such federal funds and grant receipts so credited and expended
from this item shall be reported to the house and senate committees on ways
and means; provided further, that the comptroller shall maintain a special federal
and non-tax revenue unit which shall operate under policies and procedures developed
in conjunction with the secretary 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, the full year estimate
of revenues and revenues collected; provided further, that notwithstanding
the provisions of any general or special law to the contrary, the comptroller
shall deduct an amount of $1,000 from any item of appropriation in section 2
of this act in which a reporting requirement is stipulated within said item
and which report is not filed within ten days of the stated due date; provided
further, that any and all amounts deducted shall be deposited in the General
Fund and said comptroller shall notify the house and senate committees on ways
and means of any and all amounts so deducted; provided further, that notwithstanding
the provisions of any general or special law to the contrary, the comptroller
may enter into contracts with private vendors to identify and pursue cost avoidance
opportunities for programs of the commonwealth and to enter into interdepartmental
service agreements with state agencies, as applicable, for said purpose; provided
further, that payments to private vendors on account of such cost avoidance
projects shall be made only from such actual cost savings as have been certified
in writing to the house and senate committees on ways and means by the comptroller
and the budget director as attributable to such cost avoidance projects; provided
further, that the comptroller may establish such procedures, in consultation
with the budget director and the affected departments, as he deems appropriate
and necessary to accomplish the purpose of this section; provided further, that
the budget director shall report on a quarterly basis to the house and senate
committees on ways and means the status of all cost avoidance projects which
are undertaken pursuant to the provisions of this section; and provided further,
that the comptroller shall report on said projects as a part of his annual report
pursuant to section 12 of chapter 7A of the General Laws .....................
$7,905,392
General Fund ......................................................................... 93.81%
Revenue Maximization Fund .................................................... 6.19%
1000-0004
The office of the comptroller shall expend an amount not to exceed $25,000 from
fees collected from vendors who participate in training on statewide financial
systems including, but not limited to, the Massachusetts management accounting
and reporting system; provided, that said office shall provide such training,
offer sessions to vendors who do business with the commonwealth and establish
and charge a reasonable fee for such training ............. $25,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE.
Office of the Secretary
1100-1100
For the office of the secretary; provided, that the secretary shall conduct
an ongoing review of affirmative action steps taken by the various agencies,
boards, departments, commissions or divisions to determine whether such agencies,
boards, departments, commissions or divisions are complying with the commonwealth's
policies of non-discrimination and equal opportunity; provided further, that
whenever non-compliance is determined by the secretary, the secretary shall
hold a public hearing on the matter and report his resulting recommendations
to the head of the particular agency, board, department, commission or division,
to the governor and to the massachusetts commission against discrimination;
and provided further, that the secretary shall report on the status of each
agency, board, department, commission or division receiving monies under this
act, including supplemental and deficiency budgets, as to compliance or non-compliance
with affirmative action policies to the chairs of the house and senate committees
on ways and means, the joint committee on public service and the joint committee
on commerce and labor on or before December 1, 2002; provided that a special
commission is hereby established to investigate and study the calculation of
superannuation retirement allowances for members classified as Group 1 under
chapter 32 of the General Laws; provided, that said investigation and study
shall include, but not be limited to, an analysis of alternative calculations
of said allowances, including comparison of member eligibility, vesting, portability,
the contribution rate of members, other benefits and the effects on accrued
liabilities and costs attributable to such alternative calculations; provided,
that said commission shall consist of eleven members as follows: the house and
senate chairmen of the joint committee on public service, who shall serve as
co-chairs of the commission; the house and senate chairmen of the committees on ways and means, or their designees; the Governor or designee, the Secretary
of Administration and Finance or designee, a representative of the Massachusetts
Municipal Association, a representative of the Massachusetts Association of
Contributory Retirement Systems; the chairmen of the State Teachers' Retirement
Board and the State Retirement Board, or their designees, and the chairman of
the Public Employee Retirement Administration Commission, or his designee; and
provided further, that said commission shall report to the general court the
results of its study together with its recommendations and draft of legislation
necessary to carry such recommendations into effect by filing the same with
the clerk of the house of representatives, the joint committee on public service
and the house and senate committees on ways and means on or before the December
31, 2002 ..................................................................................................................................................
$1,410,584
Office of Dispute Resolution.
1100-1103
This item was reduced by the acting Governor
For the operation of the office of dispute resolution .................................................................... $200,000 $100,000
1100-1104
The office of dispute resolution may expend an amount not to exceed $436,381
in revenues collected from fees charged to cities, towns or public instrumentalities
and other political subdivisions of the commonwealth or to corporations and
individuals for the costs of mediation and related services; and provided further,
that for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the office of dispute resolution 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 cost of personnel ......... $436,381
Fiscal Affairs Division.
1101-2100
For the administration of the fiscal affairs division, including costs associated
with a capital budgeting program; provided, that charges for the cost of computer
resources and services provided by the information technology division for the
design, development and production of reports and information required to be
included in budgets submitted by the governor to the legislature shall not be
charged to this item ........................................................
$1,820,536
Division of Capital Asset Management and Maintenance.
1102-3205
The division may expend for the maintenance and operation of the Massachusetts
information technology center an amount not to exceed $5,500,000 in revenues
collected from rentals, commissions, fees, parking fees and any and all other
sources pertaining to the operations of said center; provided, that the building
manager selected by the division shall make such expenditures on behalf of the
division pursuant to section 2AA of chapter 29 of the General Laws; and provided
further, that notwithstanding any general or special law to the contrary, and
for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the division may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate therefore as reported in the state accounting
system .................................................... $5,500,000
State Building Management Fund ................................................. 100.00%
1102-3206
For the costs associated with the maintenance and security of surplus state
properties ................. $600,000
1102-3214
For the state transportation building; provided, that the division may expend
revenues collected up to a maximum of $6,100,000 from rentals, commissions,
fees, parking fees and from any and all other sources pertaining to the operation
of the state transportation building for the maintenance and operation of said
building; provided further, that the building manager selected by the division
shall make such expenditures on behalf of the division pursuant to section 2AA
of chapter 29 of the General Laws; and provided further, that for the purpose
of accommodating discrepancies between the receipt of retained revenues and
related expenditures, the division may incur expenses and the comptroller may
certify for payment amounts not to exceed the lower of this authorization or
the most recent revenue estimate as reported in the state accounting system..........................................$6,100,000
State Building Management Fund ................................................. 100.00%
1102-3231
For the Springfield state office building; provided, that the division may expend
revenues collected up to a maximum of $654,322 from rents charged to agencies
occupying said building for the maintenance and operation of said building,
pursuant to section 2AA of chapter 29 of the General Laws; 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
..................................................................................
$654,322
State Building Management Fund .................................................... 100.00%
Bureau of State Office Buildings.
1102-3301
For the operation of the bureau and for the maintenance and operation of buildings
under the jurisdiction of the state superintendent of buildings; provided, that
the bureau shall retain full jurisdiction over all contracts, purchases and
payments for any and all materials and services required in the operation of
the bureau .........$7,957,787
1102-3302
For the purposes of utility costs and associated contracts for the properties
managed by the bureau of state office buildings ..................................................................................................................................................
$4,530,273
Office of Disability.
1107-2400
For the office on disability ..........................................................................................................
$604,825
1107-2501
For the disabled persons protection commission; provided, that the commission
shall facilitate compliance by the department of mental health and the department
of mental retardation with uniform investigative standards, so-called; provided
further, that the commission shall report to the house and senate committees
on ways and means not later than the last day of each quarter on the number
of claims of abuse by caretakers made by employees or contracted service employees
of the departments of mental retardation and mental health and the Massachusetts
rehabilitation commission; provided further, that the report shall include:
(i) the number of claims found to be substantiated; (ii) the number of claims
found to be unsubstantiated; and (iii) the number of claims found to be falsely
reported as a result of intentional and malicious action; and provided further,
that the commission shall ensure that all calls received by the commission's
24-hour hotline are recorded, that all persons who call said hotline shall be
immediately informed that all calls are recorded, and each such person shall
be provided with the opportunity to elect that the call not be recorded ..............................................................................................
$1,631,153
Civil Service Commission.
1108-1011
For the civil service commission; provided, that the general fund shall be reimbursed
for the appropriation herein through a fee charged on a per claim basis, provided
further, that said commission shall develop and implement regulations to implement
said reimbursement to the general fund; provided further, that any fee imposed
upon a person for filing a grievance or appeal with the commission shall be
returned to him upon a finding on the merits in favor of the aggrieved person
..................................................................................$512,000
Group Insurance Commission.
1108-5100
For the administration of the group insurance commission; provided, that the
commission shall generate the maximum amounts allowable under the federal consolidated
omnibus budget reconciliation act, as amended, and from reimbursements allowed
by sections 8, 10B, 10C and 12 of chapter 32A of the General Laws; provided
further, that the commission, in consultation with the department of public
health, the division of medical assistance, the Extended Care Federation, the
Massachusetts Home and Health Care Association, the Massachusetts Council of
Home Care Aides Services, the Mass Home Care Association, Mass Aging, the Personal
Assistance Coalition, the Service Employees International Union and the Paraprofessional
Health Care Institute shall review relevant surveys and studies of health care
coverage for direct care workers and the progress of the implementation of the
health care plan for private health and human service workers permitted by this
item, and shall develop a report listing options and recommendations for increasing
access to health insurance for health care workers and shall file the report
with the house and senate committees on ways and means no later than June 1,
2003; provided further, that the commission may establish a health plan for
private health and human service providers who deliver services under contract
with departments within the executive office of health and human services and
the executive office of elder affairs, including providers who deliver services
by rate; provided further, that (1) the commission, in consultation with the
executive office of health and human services, the executive office of elder
affairs and the department of public health, may establish eligibility criteria
for the service providers in the plan and shall maintain a separate health care
risk pool for individuals in the plan, (2) health care costs and administrative
costs of the plan shall be paid by eligible service providers and their employees,
(3) the Massachusetts council of human service providers or its contractor shall
administer eligibility and collection of premiums, (4) participation by each
eligible service provider and employee shall be voluntary, and (5) the Commission
shall assess the enrollees of the plan for any administrative costs incurred
by the state that are associated with the implementation of the plan; provided
further, that said health plan shall commence on January 1, 2004 and shall expire
on January 30, 2007; provided further, that the group insurance commission may
enter into an agreement with the Massachusetts council of human service providers
or its contractor for services to implement the plan; provided further, that
prior to implementation, the Massachusetts council of human services providers
shall acknowledge in writing its obligation to comply with the requirements
of the plan, including its obligation to ensure that the commonwealth shall
not be liable for any costs incurred by said plan; provided further, that on
or before March 1 of each year, the Massachusetts council of human service providers
shall submit to the secretary of administration and finance and house and senate
committees on ways and means a report to include, but not be limited to the
following: (1) the number of covered lives enrolled in said plan, (2) the number
of employees enrolled in said plan who previously had no health coverage, (3)
the cost to administer said plan, (4) the total health care expenditures of
said plan, (5) the premium increases of said plan, and (6) the recommendations
necessary for the continued viability of said plan; and provided further, that
nothing herein shall prohibit the group insurance commission from making modifications
to said plan .................................. $1,984,318
1108-5200
This item was reduced and language was striken by the
acting Governor Overridden by the Legislature
For the commonwealth's share of the group insurance premium and plan costs incurred
in fiscal year 2003; provided, that the secretary of administration and finance
shall charge the division of employment and training and other departments,
authorities, agencies and divisions, which have federal or other funds allocated
to them for this purpose, for that portion of insurance premiums and plan costs
as the secretary determines should be borne by such funds, and shall notify
the comptroller of the amounts to be transferred, after similar determination,
from the several state or other funds and amounts received in payment of all
such charges or such transfers shall be credited to the General Fund; provided
further, that prior year costs incurred by the state indemnity health insurance
plan and the preferred provider organization shall be funded from this item;
provided further, that the group insurance commission shall report quarterly
to the house and senate committees on ways and means the amounts expended from
this item for said 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 one year; provided further, that the amounts received in payment
for such 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 said chapter 32A and for the purposes of section
14 of said chapter 32A, the commonwealth's share of the group insurance premium
for state employees who have retired before July 1, 1994 shall be 90 per cent
and the commonwealth's share of the group insurance premium for state employees
who have retired on or after July 1, 1994 shall be 85 per cent; provided further,
that the commission shall provide the number of retirees for whom the commonwealth
pays said 85 per cent to the house and senate committees on ways and means by
February 1 of each year; provided further, that the commonwealth's share of
such premiums for active state employees shall be 85 per cent of such premiums
and rates; provided further, that notwithstanding chapter 150E of the General
Laws, retirees of the Massachusetts Bay Transportation Authority and of regional
transit authorities shall continue to pay the same percentage, if any, of the
health insurance premium that they paid on June 1, 1994; provided further, that
active employees of the Massachusetts Bay Transportation Authority and of regional
transit authorities shall pay 15 per cent of such premiums and rates; provided
further, that the commission shall notify the house and senate committees on
ways and means by March 15 of each year of the cost of the commonwealth's projected
share of group insurance premiums for the next fiscal year; and provided further,
however, that the commission shall issue, at the request of the beneficiary,
a separate identification number for enrollment and benefit purposes instead
of the social security number ..................................... $744,063,652
1108-5350
For elderly governmental retired employee premium payments ....................................................
$1,109,509
1108-5400
This item was reduced by the acting Governor Overridden by the Legislature
For the costs of the retired municipal teachers' premiums and the audit of such
premiums ..... $41,710,424
Local Aid Fund ........................................................................ 100.00%
1108-5500
For the costs, notwithstanding chapter 32A of the General Laws to the contrary,
of dental and vision benefits for those active employees of the commonwealth,
not including employees of authorities and any other political subdivision,
who are not otherwise provided such benefits pursuant to a separate appropriation
or the provisions of a contract or collective bargaining agreement; provided,
that such employees shall pay 15 per cent of the monthly premium established
by the commission for such benefits; and provided further, that the commission
shall expend all necessary funds from this item to ensure that all dental and
vision benefits shall be at least at the level in effect on June 30, 1998 .........
$5,994,310
Division of Administrative Law Appeals.
1110-1000
For the operation of the division of administrative law appeals established
by section 4H of chapter 7 of the General
Laws ..................................................................................................................................................
$661,161
George Fingold Library.
1120-4005
For the administration of the library; provided, that said library shall maintain
regular hours of operation from 9:00 a.m. to 5:00 p.m. ..........................................................................................................................................
$1,153,824
Massachusetts Commission Against Discrimination.
1150-5100
For the office of the commission, including the processing and resolution of
cases pending before the commission that were filed on or before July 1, 1999;
provided, that not less than $667,500 shall be expended in fiscal year 2003
for full-time equivalent investigators, attorneys, conciliators, hearing officers
and contracted personnel as required for the exclusive purpose of reducing the
backlog of cases pending before the commission; provided further, that on or
before November 1, 2002 the commission shall submit to the house and senate
committees on ways and means a report on the total number of all currently pending
cases and the total number of such cases in the investigation, conciliation,
post-probable cause and pre-public hearing and post-hearing stages; provided
further, that the commission shall file an update of the report with such committees
on or before March 1, 2003; provided further, that the commission shall identify
in such reports the number of cases in which the commission has determined there
is probable cause to believe that a violation of chapter 151B of the General
Laws has been committed in a case in which Massachusetts Bay Transportation
Authority is named as a respondent; provided further, that the commission shall
report to the house and senate committees on ways and means on or before November
1, 2002 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 such cases in which there is probable cause to believe that a
violation of chapter 151B has been committed; provided further, that the commission
shall include in such report the total number of new cases filed in 2002 and
the total number of cases closed by the commission in 2002; provided further,
that an amount not to exceed $15,000 may be expended to fund Edward Brooke scholarships,
whereby the recipients of such scholarships assist the commission in resolving
cases filed on or before July 1, 1999; provided further, that funds made available
in this item shall be in addition to funds available in item 1150-5104; provided
further, that all positions, except clerical, shall be exempt from chapter 31
of the General Laws; and provided further, that the commission shall pursue
the highest allowable rate of federal reimbursement ........ $2,064,248
1150-5104
The Massachusetts commission against discrimination may expend 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 2003 and federal reimbursements
received for these and other programs in prior years; provided, 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;
provided further, that notwithstanding section 1 or any other general or special
law to the contrary, federal reimbursements received in excess of $2,129,818
shall be credited to the General Fund; provided further, that the commission
shall report to the house and senate committees on ways and means, not later
than the last day of each quarter, the following: federal reimbursements received
in each such quarter, anticipated reimbursements to be received in the remaining
quarters of the fiscal year and reimbursements projected to be collected in
the subsequent fiscal year for such purposes; provided further, that such report
shall detail actual and anticipated reimbursements by date of receipt, case
type, reimbursement per case and cases resolved; and provided further, that
the costs of personnel may be charged to this item ......... $2,129,818
1150-5116
The Massachusetts commission against discrimination may expend an amount not
to exceed $27,500 from revenues collected from fees charged for the training
and certification of diversity trainers for the operation of the discrimination
prevention certification program .....................................................
$27,500
Department of Revenue.
1201-0100
Language was struck out by the acting Governor
For the operation of the department of revenue, including tax collection administration, audits of certain foreign corporations, and the division of local services; provided, that the department may allocate an amount not to exceed $250,000
to the office of the attorney general for the purpose of the tax prosecution unit; provided further, that the department may charge the expenses for computer services, including the cost of personnel and other support costs provided to the child support enforcement unit, from this item to item 1201-0160, consistent with the costs attributable to said unit; provided further, that the department may not charge the office of tax policy for said services; provided further, that the department shall maintain regional offices in the cities of Hyannis, Springfield, Pittsfield, Fall River, and Worcester; and provided further, that the department shall provide to the general court access to the municipal data
bank................................................... $109,077,990
General Fund .................................... 60.00%
Local Aid Fund .................................... 35.00%
Highway Fund ...................................... 5.00%
1201-0101
The department of revenue may expend an amount not to exceed $9,000,000 from the revenues collected under the tax amnesty program authorized by section 182 for the costs of administering this program, for discovering and identifying
persons who are delinquent either in the filing of any tax return or the payment of any tax due and payable to the commonwealth, for the costs of obtaining those delinquent returns and collecting those delinquent taxes for any prior fiscal
year, and for other administrative expenses of the department; provided, that the department shall seek to contract with an outside vendor to enhance the department's capacity to identify unreported income and increase collection
of taxes owed to the commonwealth; and provided further, notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate therefore as reported in the state accounting system ......................... $9,000,000
1201-0160
For the child support enforcement unit; provided, that the department may allocate
funds appropriated herein to the department of state police, the district courts,
the probate and family courts, the district attorneys and other state agencies
for the performance of certain child support enforcement activities, and such
agencies are hereby authorized to expend said funds for the purposes of this
item; provided further, that all such allocations shall be reported quarterly
to the house and senate committees on ways and means upon the allocation of
said funds; provided further, that the federal receipts associated with the
child support computer network shall be drawn down at the highest possible rate
of reimbursement and deposited into a revolving account to be expended for said
network; provided further, that federal receipts associated with child support
enforcement grants shall be deposited into a revolving account to be drawn down
at the highest possible rate of reimbursement and to be expended for the grant
authority, so-called; provided further, that the department shall file quarterly
reports with the house and senate committees on ways and means, detailing the
balance, year-to-date and projected receipts and year-to-date and projected
expenditures, by subsidiary, of the child support trust fund established pursuant
to section 9 of chapter 119A of the General Laws; and provided further, that
the department shall file a performance report with the house and senate committees
on ways and means on or before January 15, 2003 detailing current staffing levels
by function and performance indicators, including, but not limited to, TAFDC
and non-TAFDC caseloads, collection levels, court cases, paternities established,
court orders established, average employee workload, federal reimbursements,
projections of said indicators for the remainder of the fiscal year and any
deviations of current performance from previous projections ....................$45,779,169
General Fund ......................................................................................... 97.80%
Child Support Fines and Penalties Fund ..................................................... 2.20%
1201-0163
For the child support enforcement division provided, that said division may
expend revenues in an amount not to exceed $6,547,280 from the federal reimbursements
awarded for personnel and lower subsidiary related expenditures......................
$6,547,280
1231-1000
This item was reduced by the acting Governor
For the Commonwealth Sewer Rate Relief Fund established by section 2Z of chapter
29 of the General
Laws ................$55,500,000 $38,655,335
Local Aid Fund ...................................................................................... 100.00%
1231-1020
For a program of loans, loan purchases or loan guarantees or interest subsidies
to assist homeowners, homeowner associations or condominium associations in
complying with revised state environmental code for subsurface disposal of sanitary
waste, Title V, so called; provided, that said program shall be in addition
to the loan program established pursuant to item 2200-9959 in section 2 of chapter
85 of the acts of 1994; provided further, that the department may contract with
third parties, including, but not limited to, commonwealth-based financial institutions
to manage said program; provided further, that the department and said third
parties shall take all steps necessary to minimize said program's administrative
costs; provided further, that such loans, loan purchases or loan guarantees
shall be available on the basis of a sliding scale that relates a homeowner's
income and assets to the cost of Title V compliance; provided further, that
interest subsidies shall be means-tested and may be for zero-interest loans
pursuant to income standards developed by the department; and provided further,
that the department of revenue shall consult with the department of environmental
protection in developing rules, regulations and guidelines for said program,
prior appropriation continued. 1232-0100 For underground storage tank reimbursements
to parties that have remediated spills of petroleum products pursuant to chapter
21J of the General Laws .......................................................................
$19,200,000
Underground Storage Tank Petroleum Product Cleanup Fund ...................... 100.00%
1232-0200
For the Underground Storage Tank Petroleum Cleanup Fund Administrative Review
Board pursuant to chapter 21J of the General Laws and for the administration
of the underground storage tank program associated with the implementation of
chapter 21J of the General Laws; provided, that notwithstanding section 4 of
chapter 21J or any other general or special law to the contrary, appropriations
made in this item shall be sufficient to cover said administrative expenses
of the underground storage tank program; provided further, that the board shall
submit to the house and senate committees on ways and means a report on the
status of the underground storage program, including, but not limited to, the
number of municipal grants made for the removal and replacement of underground
storage tanks and the reimbursements for remediated petroleum spills; provided
further, that the report shall detail how many tanks are out of compliance with
chapter 21J; and provided further, that the report shall be submitted not later
than February 16, 2003 ..........$1,428,651
Underground Storage Tank Petroleum Product Cleanup Fund ................... 100.00%
1232-0300
For underground storage tank municipal grants to remove and replace such tanks
pursuant to section 2 of chapter 21J of the General Laws and section 37A of
chapter 148 of the General Laws .......................................... $2,000,000
Underground Storage Tank Petroleum Product Cleanup Fund ......................... 100.00%
1233-2000
For reimbursing cities and towns for taxes abated pursuant to clauses Seventeenth,
Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second
E and Thirty-seventh of section 5 of chapter 59 of the General
Laws ...........................................................
$8,400,000
Local Aid Fund ............................................................. 100.00%
1233-2010
For reimbursing cities and towns for tax abatements granted to certain homeowners
over the age of 65 pursuant to clause Fifty-second of section 5 of chapter 59
of the General Laws ..................................................... $9,655
1233-2310
For reimbursing cities and towns for taxes abated pursuant to the clauses Forty-first,
Forty-first B and Forty-first C of section 5 of chapter 59 of the General Laws;
provided, that the commonwealth shall reimburse each city or town that accepts
the provisions of said clause forty-first B or clause forty-first C for additional
costs incurred in determining eligibility of applicants under said clauses in
an amount not to exceed $2 per exemption granted ................. $9,890,345
Local Aid Fund .................................................................................... 100.00%
Appellate Tax Board.
1310-1000
This item was reduced by the acting Governor
For the operation of the appellate tax board; provided, that the board shall
schedule hearings in Barnstable, Gardner, Lawrence, Milford, Northampton, Pittsfield,
Springfield, Worcester and southeastern Massachusetts; provided further, that
the board shall report to the house and senate committees on ways and means
on the number of hearings held at each location; and provided further, that
notwithstanding section 14 of chapter 58 of the General Laws, the town of Hadley
may submit and the appellate tax board shall review a written application for
a correction, under sections 13 or 15 of said chapter, within 180 days after
receipt of the determination of value by the commissioner of
revenue.................................................................................$1,677,359 $1,517,359
1310-1001
The appellate tax board may expend revenues up to a maximum of $300,000 from
fees collected; provided, that in order to accommodate discrepancies between
the receipt of retained revenues and related expenditures, the board may incur
expenses and the comptroller may certify for payment amounts not to exceed the
lower of this authorization or the most recent revenue estimate as reported
in the state accounting system ................................................
$300,000
Office of Tax Policy Analysis.
1350-0100 For the administration
of the office of tax policy analysis established pursuant to Chapter 58B of
the General Laws; provided that said office shall not be subject to the control
or supervision of the department of revenue, or the secretary of administration
and finance; provided further, that said office shall submit to the house and
senate committees on ways and means, and the secretary of administration and
finance, monthly tax collection reports not later than the second business day
of the following month that detail levels of tax collection including but not
limited to, income, corporate, and sales; provided further, that said reports
shall detail anticipated levels of tax collection based on the consensus tax
revenue estimate, so-called; provided further, that said office shall submit
a report to the house and senate committees on ways and means, and the secretary
of administration and finance, detailing the collection of taxes from capital
gains, bonuses, and dividends for the tax years 1991 to 2001, inclusive; provided
further, that said office shall take all steps necessary to track and report
on tax collections from capital gains, bonus income, and dividend income beginning
in fiscal year 2003; and provided further, that notwithstanding the provisions
of any general or special law to the contrary, charges for the cost of data
services required for the development of tax policy analysis and revenue estimates
shall not be charged by the Department of Revenue ...... $1,000,000
General Fund ...................................................................................... 60.00%
Local Aid Fund ................................................................................... 35.00%
Highway Fund ..................................................................................... 5.00%
This item was vetoed by the acting Governor
Department of Veterans Services.
0610-0093
For the purposes of allowing the department of veterans' services to make bonus
payments to Persian Gulf war veterans; provided, that all such payments shall
be consistent with the purposes of the trust instrument for "A Hero's Welcome
Trust Fund" ..............................................
$23,000
A Hero's Welcome Trust Fund ....................................................... 100.00%
1410-0010
For the operation of the office of veterans' services; provided, that not less
than $10,000 shall be obligated for a contract with the Korean war veterans
committee of Massachusetts for the purpose of maintaining the Massachusetts
Korean war memorial located in the shipyard park of the Charlestown navy yard;
provided further, that $10,000 shall be obligated for the purpose of maintaining
the Massachusetts Vietnam Veterans Memorial located in the Green Hill Park in
Worcester; provided further, that said office shall fund a housing specialist
from this item; and provided further, that the department may expend funds for
the Glory 54th Brigade ......................................................................
$2,118,057
1410-0012
For services to veterans, including the maintenance and operation of outreach
centers; provided, that said centers shall provide counseling to incarcerated
veterans and to Vietnam era veterans and their families who may have been exposed
to agent orange; provided further, that not less than $239,643 shall be obligated
for a contract with the Veterans Benefit Clearinghouse in the Roxbury section
of Boston; provided further, that not less than $86,698 shall be obligated for
a contract with the Veterans Northeast Outreach Center in the city of Haverhill;
provided further, that not less than $111,152 shall be obligated for a contract
with the North Shore Veterans Counseling Center in the city of Beverly; provided
further, that not less than $88,921 shall be obligated for a contract with the
Veterans Association of Bristol county in the city of Fall River; provided further,
that not less than $99,000 shall be obligated for a contract with NamVets of
the Cape and Islands in the town of Hyannis; provided further, that not less
than $88,921 shall be obligated for a contract with the Outreach Center, Inc.,
in the city of Pittsfield; provided further, that not less than $175,353 shall
be obligated for a contract with the Montachusett Veterans Outreach Center in
the city of Gardner; provided further, that not less than $88,475 shall be obligated
for a contract with the Metrowest/Metrosouth Outreach Center in the town of
Framingham; and provided further, that not less than $88,921 shall be obligated
for a contract with the Puerto Rican Veterans Association of Massachusetts,
Inc., in the city of Springfield $1,091,615
Local Aid Fund ............................................................................................. 100.00%
1410-0015
For the women veterans' outreach program ................................................................................
$40,281
1410-0018
The department may expend for the maintenance and operation of Agawam veterans'
cemetery an amount not to exceed $150,000 from revenue collected from fees,
grants, gifts, or other contributions to said cemetery $150,000 1410-0100 For
the revenue maximization project of the executive office of elder affairs to
identify individuals eligible for veterans' pensions who are currently receiving
home care and home health services .................................................
$126,183
1410-0250
For homelessness services, including the maintenance and operation of homeless
shelters and transitional housing for veterans; provided, that not less than
$303,966 shall be obligated for a contract with the central Massachusetts shelter
for homeless veterans located in the city of Worcester; provided further, that
not less than $352,395 shall be obligated for a contract with the southeastern
Massachusetts veterans housing program, Inc. located in the city of New Bedford;
provided further, that $100,350 shall be obligated for a contract with the Veterans
Benefit Clearinghouse located in Dorchester; provided further, that not less
than $90,000 shall be obligated for a contract with Unity House located in the
city of Gardner; provided further, that not less than $28,350 shall be obligated
for a contract with the Transition House located in the city of Springfield;
provided further, that not less than $51,975 shall be expended for a contract
with the Springfield bilingual veterans outreach center for the operation and
maintenance of a transitional housing unit at the YMCA of Springfield; provided
further, that not less than $44,888 shall be obligated for a contract with the
Mansion located in the city of Haverhill; provided further, that not less than
$28,350 shall be obligated for a contract with the Homestead located in the
town of Hyannis; provided further, that not less than $108,000 shall be obligated
for contracts with the veterans hospice homestead in the city of Leominster
and the veterans hospice in the town of Fitchburg; provided further, that not
less than $22,500 shall be obligated for a contract with the Turner House located
in the town of Williamstown; provided further, that not less than $73,350 shall
be obligated for a contract with the Veterans Benefit Clearinghouse located
in Roxbury; provided further, that not less than $90,000 shall be obligated
for a contract with Habitat P.L.U.S. in the city of Lynn; provided further, that not less than $43,200 shall be obligated for a contract with the Chapin
Mansion/Soldiers' home in the city of Holyoke for homeless veterans care; and
provided further, that not less than $22,500 shall be obligated for a contract
with the Maguder House/Soldiers' Home for transitional housing for veterans
in the city of Chicopee ........................................ $1,359,824
1410-0251
For homelessness services, including the maintenance and operation of homeless
shelters and transitional housing for veterans at the New England Shelter for
Homeless Veterans located in the city of Boston ......................... $2,135,727
1410-0300
For the payment of annuities to certain disabled veterans and the parents and
un-remarried spouses of certain deceased veterans; provided, that such payments
shall be made pursuant to section 6B of chapter 115 of the General Laws; provided
further, that the department shall take reasonable steps to terminate payments
upon the death of a recipient; and provided further, that the commissioner 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.............$11,002,311
1410-0400
For reimbursing cities and towns for money paid for veterans' benefits and for
payments to certain veterans; provided, that said reimbursements shall be made
pursuant to section 6 of chapter 115 of the General Laws; provided further,
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 commissioner of veterans' services
may continue a training program for veterans' agents and directors of veterans'
services in cities and towns of the commonwealth; provided further, that the
purpose of such training program shall be to maximize federal assistance available
for veterans and to assure that such agents and directors receive uniform instruction
on providing veterans and dependents with advice relative to procurement of
state, federal and local benefits to which they are entitled, including employment,
education, health care, retirement and other veterans' benefits; provided further,
that the subject matter of such training program shall include benefits available
under chapter 115 of the General Laws and alternative resources, including those
which are partially or wholly subsidized by the federal government, such as
Medicaid, Supplemental Security Income, and Social Security Disability benefits,
as well as federal pension and compensation entitlements; provided further,
that the commissioner shall promulgate regulations for said training program;
and provided further, that upon successful participation by such veterans' agents
or directors of veterans' services in such training program, the costs of such
training program incurred by the several cities and towns shall be reimbursed
by the commonwealth on or before November 10 following the fiscal year in which
such costs were
paid ................................................................ $10,260,803
Local Aid Fund ...................................................................................... 100.00%
1410-0630
For the administration of the veterans' cemeteries in the towns of Agawam and
Winchendon ....... $457,424
Reserves.
1599-0002
For contributions toward the maintenance of the old provincial state house
.................................. $75,000 This item was vetoed by the acting Governor
1599-0006
This item was reduced by the acting Governor
For reimbursement to the city of Boston for interest on bonds or notes in anticipation
thereof issued under the authority of section 7 of chapter 152 of the acts of
1997 ......................................................... $1,135,829 $850,000
Boston Convention and Exhibition Center Fund ..................................................................... 100.00%
1599-0009
For the payment of interest and principal on bonds of the commonwealth or notes
in anticipation thereof issued under the authority of section 11 of chapter
152 of the acts of 1997 .........................................................
$14,000,000
Boston Convention and Exhibition Center Fund ........................................................................ 100.00%
1599-0033
For a reserve to promote departmental revenue optimization projects authorized
by and subject to section 188 of
this act ..................................................................................................................................................
$1,000,000
Revenue Maximization Fund ....................................................................................... 100.00%
1599-0035
For certain debt service contract assistance to the Massachusetts Convention
Center Authority in accordance with section 39 of chapter 190 of the acts of
1982; provided, that said assistance shall be expended notwithstanding section
35J of chapter 10 of the General Laws .................................
$16,378,338
1599-0036
This item was reduced by the acting Governor
For the expenses of the Massachusetts Convention Center Authority ........................ $13,733,770 $10,000,000
Tourism Fund ............................................................................................................ 100.00%
1599-0041
For the expenses of the commission on end of life care as established by
section 480 of chapter 159 of the acts of 2000; provided, that notwithstanding
the provisions of any general or special law, the membership of said commission
shall consist of 16 members; and provided further, that one member of said commission
shall be from the Massachusetts extended care foundation ................................................................
$75,000 This item was vetoed by the acting Governor
1599-0049
For contract assistance payments to the Foxborough Industrial Development Finance
Authority in accordance with section 8 of chapter 16 of the acts of 1999 ..............................................................................................
$5,339,315
1599-0093
Language was struck out by the acting Governor
For contract assistance to the water pollution abatement trust for debt service
obligations of the trust, in accordance with the provisions of sections 6 and
6A of chapter 29C of the General Laws; provided, that the executive office
of administration and finance and the state treasurer shall, in conjunction
with the department of environmental protection and the state revolving fund
administration, examine and report on the status of clean and drinking water
state revolving funds to be administered in the fiscal year 2005 and beyond;
provided further, that said report shall include, but not be limited to, the
number of ongoing projects, projected numbers of projects to be undertaken over
the next 10 years, the status of the leveraging ratio of the fund, recommendations
for changing or maintaining the current leveraging ratio, and projections of
the commonwealth's contract assistance payments over said time period; provided
further, that notwithstanding the provisions of any general or special law to
the contrary, the water pollution abatement trust board is hereby directed to
leverage funds in the water pollution abatement trust for disbursement to finance
projects authorized pursuant to chapter 29C of the General Laws on the basis
of a 3-to-1 ratio; provided further, that if in the opinion of the state treasurer,
such 3-to-1 leveraging is not feasible, the proceeding provisions shall not
apply; and provided further, that the treasurer shall notify the secretary of
administration and finance, the house and senate committees on ways and means,
the commissioner of the department of environmental protection, and the joint
committee on natural resources upon making any such determination ...................................
$45,970,130
Local Aid Fund ....................................................................................... 100.00%
1599-1970
For a reserve for the Massachusetts turnpike authority for costs incurred in
fiscal year 2002 for the operation and maintenance of the central artery/ tunnel
project pursuant to chapter 235 of the acts of 1998 ...... $7,604,617
1599-1971
Language was struck out by the acting Governor
For the cost of hired and leased equipment, vehicle repair, and sand, salt,
and other control chemicals used for snow and ice control; provided, that the
secretary of administration and finance shall submit to the house and senate
committee on post audit and oversight and the house and senate committees on
ways and means a report no later than October 1, 2002 which shall include, but
not be limited to, the following: (a) a list of amounts paid to each vendor
from state appropriations for snow and ice control efforts for fiscal years
1997, 1998, 1999, 2000, 2001, and 2002; (b) a comparison of the average snowfall
by county as reported by the national weather service and the amount of state
snow and ice control effort funds appropriated by county for fiscal years 1997,
1998, 1999, 2000, 2001, and 2002; (c) a detailed account of the administrative
oversight exercised by either the secretary of administration and finance, the
secretary of transportation and construction, or the department of highways
for snow and ice control efforts, including an explanation of measures taken
to verify services provided, audit vendor payment vouchers, or any other measures
taken to ensure accountability relative to the expenditure of the state funds
for snow and ice control efforts; (d) a comparison delineated by county of
the commonwealth of the amounts expended on snow and ice control efforts to
the daily snowfall amounts as reported by the national weather service; and (e) any other information that said secretary determines is necessary to
account for and explain the extraordinary expenditure of state appropriations
for the control and removal of snow and ice; and provided further, that no
funds shall be expended from this appropriation until said secretary, the commissioner
of the department of highways and any other officer of the commonwealth involved
in snow and ice control efforts has submitted all documentation, testimony,
data and other information as required by the provisions of this appropriation ..... $15,000,000
1599-3234
For the commonwealth's south Essex sewerage district debt service assessment
.......................... $96,156
1599-3837
For the payment to the water pollution abatement trust to fund financial assistance
to municipalities and other eligible borrowers to meet debt service obligations
incurred by said municipalities and other eligible borrowers after January 1,
1992, to finance the costs of water treatment projects or portions thereof which
have been approved by the department of environmental protection, or otherwise
authorized by law, and which have been completed, as determined by said department,
on or prior to the promulgation date of said department's regulations related
to the implementation of the federal Safe Drinking Water Act, so-called ..............................................
$8,000,000
Local Aid Fund ..................................................................................... 100.00%
1599-3838
For a reserve for payment to the water pollution abatement trust to finance
the costs of water treatment projects or portions thereof which have been approved
by the department of environmental protection, or otherwise authorized by law,
after the promulgation date of said department's regulations related to the
implementation of the federal Safe Drinking Water Act, so-called .....................................................................
$4,700,000
Local Aid Fund ..................................................................................... 100.00%
1599-3856
For rent and associated costs at the Massachusetts information technology center
in Chelsea ...... $7,115,000
State Building Management Fund ......................................................... 100.00%
1599-3857
For capital lease payments from the university of Massachusetts to the Massachusetts
development finance agency and for annual operations of the advanced technology
and manufacturing center in Fall River ................... $1,100,884
1599-4116
For a reserve to meet the fiscal year 2002 costs of salary adjustments and other
economic benefits authorized by the collective bargaining agreement between
the Berkshire Sheriff's office and the Service Employees International Union,
Local 254, Unit SB1, and to meet the fiscal year 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those; and provided
further, that said secretary may transfer from the sum appropriated in this
item to other items of appropriation and allocations thereof for fiscal year
2002 such amounts as are necessary to meet those costs where the amounts otherwise
available are insufficient for the purpose, in accordance with a transfer plan
which shall be filed in advance with the house and senate committees on ways
and means ....................................$815,000
1599-4117
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the commonwealth and the Service Employees International Union, Local
254, Unit SC2, for the Berkshire county registry of deeds and to meet the fiscal
year 2001 and 2002 costs of salary adjustments and other economic benefits necessary
to provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2001 and 2002 such
amounts as are necessary to meet those costs where the amounts otherwise available
are insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means ...................................................
$55,000
1599-4118
For a reserve to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the commonwealth and the Service Employees International Union, AFL-CIO,
Local 285, for the Suffolk county registry of deeds and to meet the fiscal year
2000, 2001 and 2002 costs of salary adjustments and other economic benefits
necessary to provide equal adjustments and benefits to employees employed in
confidential positions which otherwise would be covered by said agreement; provided,
that the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means ............................
$350,000
1599-4119
For a reserve to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the commonwealth and the American Federation of State, County and Municipal
Employees, Council 93, Local 653, AFL-CIO, for the Essex county registry of
deeds and to meet the fiscal year 2000, 2001 and 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover said positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means ................................. $255,000
1599-4120
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the commonwealth and the American Federation of State, County and Municipal
Employees, Council 93, Local 653, AFL-CIO, for the Essex County registry of
deeds and to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means ...... $175,000
1599-4121
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Massachusetts Society of Professors/Faculty
Staff Union/MTA/NEA and to meet the fiscal year 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means ...............$6,340,000This item was vetoed by the acting Governor
1599-4122
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to the provisions of article 26.13 of the collective
bargaining agreement between the University of Massachusetts and the Massachusetts
Society of Professors/Faculty Staff Union/MTA/NEA regarding professional growth
and development; provided, that the secretary of administration and finance
may allocate during said fiscal years from the sum appropriated in this item
such amounts as are necessary to meet the costs of those obligations; and provided
further, that this appropriation shall expire on June 30, 2004........ $2,525,000 This item was vetoed by the acting Governor
1599-4123
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Professional Staff Union, Local 509,
Service Employees International Union, AFL-CIO/CLC, and to meet the fiscal year
2002 costs of salary adjustments and other economic benefits necessary to provide
equal adjustments and benefits to employees employed in confidential positions
which otherwise would be covered by said agreement; provided, that the personnel
administrator, with the approval of the secretary of administration and finance,
shall determine such adjustments and benefits for such confidential employees
in accordance with the collective bargaining agreement then in effect which
otherwise would cover those positions; and provided further, that said secretary
may transfer from the sum appropriated in this item to other items of appropriation
and allocations thereof for fiscal year 2002 such amounts as are necessary to
meet those costs where the amounts otherwise available are insufficient for
the purpose, in accordance with a transfer plan which shall be filed in advance
with the house and senate committees on ways and means ....................................
$3,350,000 This item was vetoed by the acting Governor
1599-4124
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to the provisions of clauses I and J of article 31.1
of the collective bargaining agreement between the University of Massachusetts
and the Professional Staff Union, Local 509, Service Employees International
Union, AFL-CIO/CLC, regarding professional development, licensure and certification;
provided, that the secretary of administration and finance may allocate during
said fiscal years from the sum appropriated in this item such amounts as are
necessary to meet the costs of those obligations; and provided further, that
this appropriation shall expire on June 30, 2004 .................. $1,350,000This item was vetoed by the acting Governor
1599-4125
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the University Staff Association/Massachusetts
Teachers Association/NEA and to meet the fiscal year 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means.......... $1,045,000 This item was vetoed by the acting Governor
1599-4126
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the University of Massachusetts and the International Brotherhood of
Police Officers, Local 432, Units A and B, and to meet the fiscal year 2001
and 2002 costs of salary adjustments and other economic benefits necessary to
provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means .................................
$197,000 This item was vetoed by the acting Governor
1599-4127
For a reserve to meet the fiscal year 2001 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the International Brotherhood of Teamsters,
Local 25, and to meet the fiscal year 2001 costs of salary adjustments and other
economic benefits necessary to provide equal adjustments and benefits to employees
employed in confidential positions which otherwise would be covered by said
agreement; provided, that the personnel administrator, with the approval of
the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and This item was vetoed by the acting Governor
means ..................... $60,000
1599-4128
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the University of Massachusetts and the International Brotherhood of
Police Officers, Local 399, and to meet the fiscal year 2001 and 2002 costs
of salary adjustments and other economic benefits necessary to provide equal
adjustments and benefits to employees employed in confidential positions which
otherwise would be covered by said agreement; provided, that the personnel administrator,
with the approval of the secretary of administration and finance, shall determine
such adjustments and benefits for such confidential employees in accordance
with the collective bargaining agreement then in effect which otherwise would
cover those positions; and provided further, that said secretary may transfer
from the sum appropriated in this item to other items of appropriation and allocations
thereof for fiscal year 2002 such amounts as are necessary to meet those costs
where the amounts otherwise available are insufficient for the purpose, in accordance
with a transfer plan which shall be filed in advance with the house and senate
committees on ways and means ................................$139,000 This item was vetoed by the acting Governor
1599-4129
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the American Federation of State, County
and Municipal Employees, AFL-CIO, Council 93, Local 507, and to meet the fiscal
year 2002 costs of salary adjustments and other economic benefits necessary
to provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means .......................................
$224,000 This item was vetoed by the acting Governor
1599-4130
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the National Association of Government Employees,
Local 245, and to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means ........................$135,000 This item was vetoed by the acting Governor
1599-4131
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the American Federation of Teachers, Local
1895, AFL CIO, Faculty Federation, and to meet the fiscal year 2002 costs of
salary adjustments and other economic benefits necessary to provide equal adjustments
and benefits to employees employed in confidential positions which otherwise
would be covered by said agreement; provided, that the personnel administrator,
with the approval of the secretary of administration and finance, shall determine
such adjustments and benefits for such confidential employees in accordance
with the collective bargaining agreement then in effect which otherwise would
cover those positions; and provided further, that said secretary may transfer
from the sum appropriated in this item to other items of appropriation and allocations
thereof for fiscal year 2002 such amounts as are necessary to meet those costs
where the amounts otherwise available are insufficient for the purpose, in accordance
with a transfer plan which shall be filed in advance with the house and senate
committees on ways and means ..................................................$1,422,000
This item was vetoed by the acting Governor
1599-4132
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to section C of article XI of the collective bargaining
agreement between the University of Massachusetts and the American Federation
of Teachers, Local 1895, AFL-CIO, Faculty Federation, regarding professional
development and research assistance; provided, that the secretary of administration
and finance may allocate during said fiscal years from the sum appropriated
in this item such amounts as are necessary to meet the costs of those obligations;
and provided further, that this appropriation shall expire on June 30, 2004
............................................................. $576,000 This item was vetoed by the acting Governor
1599-4133
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the American Federation of Teachers, Local
1895, AFL CIO, Educational Services Unit, and to meet the fiscal year 2002 costs
of salary adjustments and other economic benefits necessary to provide equal
adjustments and benefits to employees employed in confidential positions which
otherwise would be covered by said agreement; provided, that the personnel administrator,
with the approval of the secretary of administration and finance, shall determine
such adjustments and benefits for such confidential employees in accordance
with the collective bargaining agreement then in effect which otherwise would
cover those positions; and provided further, that said secretary may transfer
from the sum appropriated in this item to other items of appropriation and allocations
thereof for fiscal year 2002 such amounts as are necessary to meet those costs
where the amounts otherwise available are insufficient for the purpose, in accordance
with a transfer plan which shall be filed in advance with the house and senate
committees on ways and means ...........................................................................
$329,000 This item was vetoed by the acting Governor
1599-4134
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to clause 7 of article VI of the collective bargaining
agreement between the University of Massachusetts and the American Federation
of Teachers, Local 1895, AFL-CIO, Educational Services Unit, regarding professional
development and research assistance; provided, that the secretary of administration
and finance may allocate during said fiscal years from the sum appropriated
in this item such amounts as are necessary to meet the costs of those obligations;
and provided further, that this appropriation shall expire on June 30, 2004
............................................................................
$134,000 This item was vetoed by the acting Governor
1599-4135
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the University of Massachusetts and the International Association of
Police Officers and to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means................................. $285,000 This item was vetoed by the acting Governor
1599-4136
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Massachusetts Society of Professors/
Lowell and to meet the fiscal year 2002 costs of salary adjustments and other
economic benefits necessary to provide equal adjustments and benefits to employees
employed in confidential positions which otherwise would be covered by said
agreement; provided, that the personnel administrator, with the approval of
the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means ................................. $1,787,000 This item was vetoed by the acting Governor
1599-4137
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to clause C of article XIX of the collective bargaining
agreement between the University of Massachusetts and the Massachusetts Society
of Professors/Lowell regarding professional growth and development; provided,
that the secretary of administration and finance may allocate during said fiscal
years from the sum appropriated in this item such amounts as are necessary to
meet the costs of those obligations; and provided further, that this appropriation
shall expire on June 30, 2004 ....... $705,000
This item was vetoed by the acting Governor
1599-4138
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the American Federation of State, County
and Municipal Employees, AFL-CIO, Council 93, Local 1776, and to meet the fiscal
year 2002 costs of salary adjustments and other economic benefits necessary
to provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means ...............................................
$880,000
This item was vetoed by the acting Governor
1599-4139
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the board of higher education and the Association of Professional Administrators,
MTA/NEA, and to meet the fiscal year 2002 costs of salary adjustments and other
economic benefits necessary to provide equal adjustments and benefits to employees
employed in confidential positions which otherwise would be covered by said
agreement; provided, that the personnel administrator, with the approval of
the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and
means ...........$1,840,000
This item was vetoed by the acting Governor
1599-4140
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to article XIII of the collective bargaining agreement
between the board of higher education and the Association of Professional Administrators,
MTA/NEA, regarding professional growth and development; provided, that the secretary
of administration and finance may allocate during said fiscal years from the
sum appropriated in this item such amounts as are necessary to meet the costs
of those obligations; and provided further, that this appropriation shall expire
on June 30, 2004 ....... $380,000 This item was vetoed by the acting Governor
1599-4141
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Graduate Employee Organization, Local
2322, UAW, and to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means............................ $693,000 This item was vetoed by the acting Governor
1599-4142
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to article 24 of the collective bargaining agreement
between the University of Massachusetts and the Graduate Employee Organization,
Local 2322, UAW, regarding professional growth and development; provided, that
the secretary of administration and finance may allocate during said fiscal
years from the sum appropriated in this item such amounts as are necessary to
meet the costs of those obligations; and provided further, that this appropriation
shall expire on June 30, 2004 ......... $255,000 This item was vetoed by the acting Governor
1599-4143
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Service Employees' International Union,
Local 509, Unit B, and to meet the fiscal year 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means....................... $50,000 This item was vetoed by the acting Governor
1599-4144
For a reserve to meet the fiscal year 2001 and 2002 costs of salary adjustments
and other economic benefits authorized by the collective bargaining agreement
between the University of Massachusetts and the International Brotherhood of
Teamsters, Local 25, and to meet the fiscal year 2001 and 2002 costs of salary
adjustments and other economic benefits necessary to provide equal adjustments
and benefits to employees employed in confidential positions which otherwise
would be covered by said agreement; provided, that the personnel administrator,
with the approval of the secretary of administration and finance, shall determine
such adjustments and benefits for such confidential employees in accordance
with the collective bargaining agreement then in effect which otherwise would
cover those positions, and provided further, that said secretary may transfer
from the sum appropriated in this item to other items of appropriation and allocations
thereof for fiscal year 2002 such amounts as are necessary to meet those costs
where the amounts otherwise available are insufficient for the purpose, in accordance
with a transfer plan which shall be filed in advance with the house and senate
committees on ways and means .......................$96,000
This item was vetoed by the acting Governor
1599-4145
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Service Employees' International Union,
Local 254, AFL-CIO, CLC, Clerical-Technical Unit, and to meet the fiscal year
2002 costs of salary adjustments and other economic benefits necessary to provide
equal adjustments and benefits to employees employed in confidential positions
which otherwise would be covered by said agreement; provided, that the personnel
administrator, with the approval of the secretary of administration and finance,
shall determine such adjustments and benefits for such confidential employees
in accordance with the collective bargaining agreement then in effect which
otherwise would cover those positions; and provided further, that said secretary
may transfer from the sum appropriated to other items of appropriation and allocations
thereof for fiscal year 2002 such amounts as are necessary to meet those costs
where the amounts otherwise available are insufficient for the purpose, in accordance
with a transfer plan which shall be filed in advance with the house and senate
committees on ways and means ..........................................................
$83,000 This item was vetoed by the acting Governor
1599-4146
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Service Employees' International Union,
Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit, and to meet the fiscal
year 2002 costs of salary adjustments and other economic benefits necessary
to provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means ........................................
$730,000 This item was vetoed by the acting Governor
1599-4147
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to article XII of the collective bargaining agreement
between the University of Massachusetts and the Service Employees' International
Union, Local 254, AFL-CIO, CLC, Professional/Mid-Management Unit, regarding
professional growth and development; provided, that the secretary of administration
and finance may allocate during said fiscal years from the sum appropriated
in this item such amounts as are necessary to meet the costs of those obligations;
and provided further, that this appropriation shall expire on June 30, 2004
.................................................................. $298,000 This item was vetoed by the acting Governor
1599-4149
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the National Association of Government Employees,
and to meet the fiscal year 2002 costs of salary adjustments and other economic
benefits necessary to provide equal adjustments and benefits to employees employed
in confidential positions which otherwise would be covered by said agreement;
provided, that the personnel administrator, with the approval of the secretary
of administration and finance, shall determine such adjustments and benefits
for such confidential employees in accordance with the collective bargaining
agreement then in effect which otherwise would cover those positions; and provided
further, that said secretary may transfer from the sum appropriated in this
item to other items of appropriation and allocations thereof for fiscal year
2002 such amounts as are necessary to meet those costs where the amounts otherwise
available are insufficient for the purpose, in accordance with a transfer plan
which shall be filed in advance with the house and senate committees on ways
and means ..................... $142,000 This item was vetoed by the acting Governor
1599-4150
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Graduate Employee Organization, Local
1596, UAW, and to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means .....................$93,000
This item was vetoed by the acting Governor
1599-4151
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the University of Massachusetts and the Graduate Employee Organization Boston,
Local 1596, UAW, and to meet the fiscal year 2002 costs of salary adjustments
and other economic benefits necessary to provide equal adjustments and benefits
to employees employed in confidential positions which otherwise would be covered
by said agreement; provided, that the personnel administrator, with the approval
of the secretary of administration and finance, shall determine such adjustments
and benefits for such confidential employees in accordance with the collective
bargaining agreement then in effect which otherwise would cover those positions;
and provided further, that said secretary may transfer from the sum appropriated
in this item to other items of appropriation and allocations thereof for fiscal
year 2002 such amounts as are necessary to meet those costs where the amounts
otherwise available are insufficient for the purpose, in accordance with a transfer
plan which shall be filed in advance with the house and senate committees on
ways and means .........................$192,000 This item was vetoed by the acting Governor
1599-4152
For a reserve to meet the commonwealth's obligations for fiscal years 2002,
2003 and 2004 pursuant to article 13.04 of the collective bargaining agreement
between the University of Massachusetts and the Graduate Employee Organization
Boston, Local 1596, UAW, regarding professional development and research; provided,
that the secretary of administration and finance may allocate during said fiscal
years from the sum appropriated in this item such amounts as are necessary to
meet the costs of those obligations; and provided further, that this appropriation
shall expire on June 30, 2004 .......................$42,000
This item was vetoed by the acting Governor
1599-4153
For a reserve to meet the fiscal year 2002 costs of salary adjustments and
other economic benefits authorized by the collective bargaining agreement between
the board of higher education and the American Federation of State, County and
Municipal Employees, Council 93, Local 1067, AFL-CIO, and to meet the fiscal
year 2002 costs of salary adjustments and other economic benefits necessary
to provide equal adjustments and benefits to employees employed in confidential
positions which otherwise would be covered by said agreement; provided, that
the personnel administrator, with the approval of the secretary of administration
and finance, shall determine such adjustments and benefits for such confidential
employees in accordance with the collective bargaining agreement then in effect
which otherwise would cover those positions; and provided further, that said
secretary may transfer from the sum appropriated in this item to other items
of appropriation and allocations thereof for fiscal year 2002 such amounts as
are necessary to meet those costs where the amounts otherwise available are
insufficient for the purpose, in accordance with a transfer plan which shall
be filed in advance with the house and senate committees on ways and means .......................................................
$3,238,000
This item was vetoed by the acting Governor
1599-6901
For a reserve to adjust the wages, compensation or salary and associated employee-related
costs to personnel earning less than $20,000 in annual compensation who are
employed by private human service providers that deliver human and social services
under contracts with departments within the executive office of health and human
services and the executive office of elder affairs; provided, that the secretary
of administration and finance is hereby authorized to allocate the funds appropriated
herein to the departments in order to implement this initiative; provided further,
that the operational services division shall condition the expenditure of such
reserve upon assurances that such funds shall be used solely for the purposes
of such adjustments to wages, compensation or salary; provided further, that
the division shall submit to the house and senate committees on ways and means
a report delineating the number of employees, by job title and average salary,
receiving such adjustment in fiscal year 2003 and the average percentage adjustment
funded by this reserve; provided further, that the report shall also include,
for each contract scheduled to receive any allocation from this item in each
such department, the total payroll expenditures in each contract for the categories
of personnel scheduled to receive such adjustments; provided further, that no
funds from this item shall be allocated to special education programs under
chapter 71B of the General Laws, contracts for child care services or programs
for which payment rates are negotiated and paid as class rates as established
by the division of health care finance and policy; provided further, that no
funds shall be allocated from this item to contracts funded exclusively by federal
grants as delineated in section 2D; provided further, that the total fiscal
year 2003 cost of salary adjustments and any other associated employee costs
authorized thereunder shall not exceed $5,000,000; provided further, that $1,000,000
shall be expended in fiscal year 2003 to adjust the wages, compensation or salary
and associated employee-related costs to personnel earning more than $20,000
and not more than $22,500 in annual compensation who are employed by private
human service providers that deliver human and social services under contracts
with departments within the executive office of health and human services and
the executive office of elder affairs; and provided further, that the annualized
cost of the adjustments in fiscal year 2004 shall not exceed the amount appropriated
herein ................................................ $6,000,000
This item was vetoed by the acting Governor
1599-6902
For a commission to study the fiscal, economic and social implications of
the proposed expansion of legalized gaming in the commonwealth; provided, that
it is hereby found and declared that such proposed expansion in various forms
and scope warrants particularly careful consideration in order to protect the
short and long term interests of all of the citizens of the commonwealth; provided
further, that it is also found and declared that the research conducted relative
to the effects of casino gaming and other forms of gaming on the economic, social,
cultural and fiscal well-being of host states and localities has yielded conflicting
results; provided further, that it is in the interest of the commonwealth, its
political subdivisions and its citizens to investigate this issue thoroughly
in order to ensure that any potential expansion of legalized gaming be effectuated
through legislation that first and foremost protects the interests of the citizens
of the commonwealth; provided further, that it shall be the mission of the commission
established and funded herein to research comprehensively and identify specifically
the potential effects, positive and negative, of gaming expansion on the economic,
social, cultural and fiscal well-being of the commonwealth, its localities and
citizens; provided further, that the commission's evaluation shall include,
but not be limited to, consideration of the commonwealth's potential duties
and obligations relative the federal Indian Gaming Regulatory Act of 1988, 25
U.S.C. { 29-2701 - { 29-2721; provided further, that said commission shall consist
of 21 voting members: three appointed by the Governor; five appointed by the
speaker of the house of representatives; one appointed by the minority leader
of the house of representatives; five appointed by the president of the senate;
one appointed by the minority leader of the senate; three appointed by the attorney
general, one of whom shall represent the Massachusetts District Attorneys Association,
one of whom shall represent the Massachusetts Municipal Association, and one
of whom shall represent the Associated Industries of Massachusetts; three appointed
by the treasurer and receiver general, one of whom shall represent the Massachusetts
State Lottery; and provided further, that the commission shall submit a report
on its findings and recommendations to the clerks of the house and the senate
not later than December 1, 2002 ....... $100,000This item was vetoed by the acting Governor
Massachusetts Tourism Fund .............................................................. 100.00%
1599-7014
For a reserve for the facilities costs associated with the college of visual
and performing arts at the university of Massachusetts at Dartmouth; provided,
that funds may be expended for Bristol community college ........ $2,730,267
1599-7092
Language was struck out by the acting Governor
For a reserve for the county correctional programs; provided that, not withstanding
any general or special laws to the contrary, the sheriffs, in conjuncture with
the county government finance review board, shall develop a plan with the comptroller's
office to collect and report all revenue collection and all spending on the
Massachusetts Management Accounting Reporting System; provided further that
the comptroller shall not transfer the funds from this item to item 8910-0000
until 60 days has passed from the implementation of said plan; provided further,
that the county government finance review board shall, by January 1, 2003, have
developed a plan for the spending of all funds for fiscal year 2003, and developed
a sound fiscal spending plan for fiscal year 2004; provided further, that said
board shall build the spending plans with the direct input of the seven sheriffs
still functioning under the county government system; provided further, that
by January 15, 2003 the board shall report all spending plans to the house and
senate committees on ways and means; provided further, that the information
shall satisfy all fiscal requirements for a maintenance level of funding, including,
but not limited to, collective bargaining increases, legal fees, debt services,
one time costs, energy costs, equipment leases, medical costs, and workers compensation
issues; provided further, that no other spending information or requests shall
be submitted to the house and senate committees on ways and means by the individual
sheriffs until February 15, 2003; provided further, that the board shall also
provide a projection of all county funds to be collected for fiscal year 2003
and 2004; provided further, that the board shall release all funds from fiscal
year 2003 quarterly; and provided further, that any sheriff that spends more
than his quarterly approved budget shall have the money allocated to him for
the following quarter reduced by the excess amount overspent in the previous
quarter .............................$39,319,632
Local Aid ................................................................................... 100.00%
Division of Human Resources.
1750-0100
Language was struck out by the acting Governor
For the operation of the human resources division; provided, that the division
shall be responsible for the administration of examinations for state and municipal
civil service titles, establishment of eligible lists, certification of eligible
candidates to state and municipal appointing authorities, technical assistance
in selection and appointment to state and municipal appointing authorities; provided further, that notwithstanding clause (n) of section 5 of chapter
31 of the General Laws or any other general or special law to the contrary,
the commissioner of administration shall charge a fee of $50 to be collected
from each applicant for a civil service examination; provided further, that
no funds shall be obligated for purposes of executive search programs except
any executive search program which may be conducted pursuant to Executive Order
227 adopted on February 25, 1983; 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 upon certification
of any open competitive list for a public safety position in a city or town,
the personnel administrator shall cause to be published in a newspaper of general
circulation in a city or town, public notice that such eligible list has been
certified along with the notice of the last date to respond to the notice of
circulation; 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 and all economic benefits necessary to fund any incremental cost items
contained in any collective bargaining agreements with the various classified
public employees' unions; and provided further, that the nature and scope of
economic proposals contained in such agreements shall include all fixed percentage
or dollar based salary adjustments, non-base payments or other forms of compensation
and all supplemental fringe benefits resulting in any incremental costs; and
provided further, that any employee of the commonwealth who chooses to participate
in a bone marrow donor program or an organ donor transplant program shall be
granted a leave of absence with pay to undergo the medical procedure and for
associated physical recovery time, but this leave shall not exceed 5 days ...........................................$3,726,865
1750-0102
The human resources division may expend revenues up to a maximum of $1,150,000
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, a fee to be
collected from each applicant for a civil service examination or non-civil examination,
notwithstanding paragraph (n) of section 5 of chapter 31 of the General Laws
or any other general or special law to the contrary; and provided further, that
notwithstanding any general or special law to the contrary, for the purpose
of accommodating timing discrepancies between the receipt of retained revenues
and related expenditures, the division may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate therefor as reported in the state accounting
system ...........................$1,150,000
1750-0111
For the planning and implementation of a civil service continuous testing program;
provided, that the division shall file quarterly reports with the house and
senate committees on ways and means detailing the number of tests administered
and the amount of revenue collected through said program .....................................................................................
$204,059
Local Aid Fund ....................................................................................... 65.00%
General Fund ......................................................................................... 35.00%
1750-0115
For the operation of the bypass appeals process program; provided, that the
division shall report annually to the house and senate committees on ways and
means on the number of appeals requested through said program, the number of
appeals granted through said program and the number of appeals resulting in
the hiring of the appellant .... $118,382 1750-0116 The division may expend
an amount not to exceed $150,000 for the operation of the continuous testing
program, from fees charged to participants in said program; provided, that for
the purpose of accommodating discrepancies between the receipts 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
..........................................................................................
$150,000
1750-0119
For payment of workers' compensation benefits to certain former employees of
Middlesex and Worcester counties; provided, that the division shall routinely
re-certify said former employees pursuant to current workers' compensation procedures............
$188,540
1750-0120
For the costs of administration, training, and customer support related to the
commonwealth's human resources and compensation management system .................................$677,275
1750-0200
For implementation of the medical and physical fitness standards program established
pursuant to sections 61A and 61B of chapter 31 and chapter 32 of the General
Laws; provided, that the personnel administrator shall charge a fee of not less
than $50 to be collected from each applicant who participates in the physical
ability test; provided further, that the human resources division shall submit
a semi-annual report to the house and senate committees on ways and means detailing
all expenditures on said 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 said program; and provided further,
that said division shall report to the house and senate committees on ways and
means by February 1, 2003 on the projected costs of said program for fiscal
year 2003 ................................................................ $684,166
1750-0300
For the commonwealth's contributions in fiscal year 2003 to health and welfare
funds established pursuant to certain collective bargaining agreements; provided,
that such contributions shall be calculated as provided in the applicable collective
bargaining agreement and shall be paid to such health and welfare trust funds
on a monthly basis or on such other basis as the applicable collective bargaining
agreement provides ....................................................................................
$20,000,000
Division of Operational Services.
1775-0100
For the operation of the operational services division ..................................................................
$2,018,569
1775-0110
The operational services division may expend for the costs associated with the
Comm-PASS computer system an amount not to exceed $20,000 from revenues collected
from the use of Comm-PASS by government entities other than state agencies and
the sale of advertising space on Comm-PASS ............................................................................
$20,000
1775-0600
The operational services division may expend revenues collected up to a maximum
of $53,238 from the sale of state surplus personal property, including the payment,
expenses and liabilities for the acquisition, warehousing, allocation and distribution
of surplus property; provided, that for the purpose of accommodating discrepancies
between the receipt of retained revenues and related expenditures, the operational
services division may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate as reported in the state accounting system, including the costs of
personnel ............................................................ $53,238
1775-0700
The operational services division may expend revenues collected up to a maximum
of $53,000 in addition to the amount authorized in item 1775-1000 of section
2B, for printing, photocopying, related graphic art or design work and other
reprographic goods and services provided to the general public, including all
necessary incidental expenses .......$53,000
1775-0900
The operational services division may expend revenues in an amount not to exceed,
$55,000 collected pursuant to chapter 449 of the acts of 1984 and section 4L
of chapter 7 of the General Laws, including the costs of personnel, from the
sale of federal surplus property, including the payment, expenses and liabilities
for the acquisition, warehousing, allocation and distribution of federal surplus
property; provided, that for the purpose of accommodating discrepancies between
the receipt of retained revenues and related expenditures, the operational services
division may incur expenses and the comptroller may certify for payment amounts
not to exceed the lower of this authorization or the most recent revenue estimate
as reported in the state accounting system ......................................................................
$55,000
1775-1100
The operational services division may expend revenues in an amount not to exceed
$1,163,538 collected from the disposal of surplus motor vehicles, including,
but not limited to, state police vehicles from vehicle accident and damage claims
and from manufacturer warranties, rebates and settlements, for the purchase
of motor vehicles; provided, that 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.......................... $1,163,538
Information Technology Division.
1790-0100
For the operation of the information technology division; provided, that the
division shall continue a chargeback system for its bureau of computer services
including the operation of the commonwealth's human resources and compensation
management system, which complies with the requirements of section 2B; provided
further, that the division shall develop a formula to determine the cost that
will be charged to each agency for its use of the human resources and compensation
management system; provided further, that the division may coordinate with any
state agency or state authority which administers a grant program to develop
a statewide grant information page on the commonwealth's official worldwide
web site, that shall include all necessary application forms and a grant program
reference in a format that is retrievable and printable; provided further, that
the division shall continue conducting audits and surveys to identify and realize
savings in the acquisition and maintenance of communications lines; provided
further, that the commissioner shall file an annual status report with the house
and senate committees on ways and means by May 15, 2003 with actual and projected
savings and expenditures for the audits in the fiscal year ending June 30, 2003;
provided further, that the state comptroller shall establish accounts and procedures
as he deems appropriate and necessary to assist in accomplishing the purposes
of this item; provided further, that any planned information technology development
project or purchase by any agency under the authority of the governor for which
the total projected cost exceeds $200,000 including the cost of any related
hardware, software, or consulting fees, and regardless of fiscal year or source
of funds, shall be reviewed and approved by the chief information officer before
such agency may obligate funds for such project or purchase; and provided further,
that the chief information officer may establish such rules and procedures as
he deems necessary to implement the provisions of this paragraph ........................
$7,127,476
1790-0300
The information technology division may expend up to a maximum of $601,337 in
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
............................................. $601,337
1790-0600
For the operation of the commonwealth's data warehouse ..........................................................
$714,414
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Office of the Secretary.
2000-0100
This item was reduced and language was striken by the
acting Governor
For the office of the secretary, including the water resources commission, the
hazardous waste facility site safety council, the coastal zone management program,
environmental impact reviews conducted pursuant to chapter 30 of the General
Laws, the mosquito-borne disease vector control program, and a central data
processing center for the secretariat; provided, that the secretary of environmental
affairs may enter into interagency agreements with any line agency within the
secretariat whereby the line agency may render data processing services to said
secretary; provided further, that not less than $45,000 shall be extended
as a matching grant to the Mattapoisett River Valley Authority; provided
further, that not more than $250,000 shall be expended for volunteer monitoring
grants; provided further, that the secretary of environmental affairs and
the commissioners of the department of environmental management and of the department
of capital asset management and maintenance shall collaborate on a study to
determine amounts of compensation due to the Commonwealth, if any, resulting
from conveyances of state lands subject to Article XLVII of the Amendments to
the Constitution or interests in such lands, authorized by prior special acts,
from 1981 through 2001; provided further, that said commissioners, no later
than November 30, 2002, shall file a report with the house and senate committees
on ways and means, the joint committee on natural resources and agriculture,
and the joint committee on state administration identifying any such compensation
owed the Commonwealth and recommending, in each case, an appropriate amount
and form of compensation and proposed method for recovery; provided further,
that the department shall conduct a study to determine the costs of repairing
and maintaining the seawalls of the commonwealth; provided further, that said
study shall be submitted to the house and senate committees on ways and means
not later than April 2, 2003; provided further, that not more than $1,250,000
shall be expended for the Watershed initiative; provided further, that not
less than $50,000 shall be expended for a coastal shore water testing program
administered by the coalition for Buzzard's Bay; provided further, that
said secretary of environmental affairs in conjunction with the state comptroller
shall file a report with the house and senate committees on ways and means not
later than January 14, 2003; provided further, that the purpose of said report
shall be to examine the structural balances of the budgeted environmental minor
funds, so-called; provided further, that said report shall include, but not
be limited to, the following funds: the Natural Heritage and Endangered Species
fund, the Inland Fisheries and Game fund, the Environmental Challenge fund,
the Toxics Use Reduction fund, the Clean Environment fund, the Environmental
Permitting and Compliance fund, Underground Storage and Petroleum Products Cleanup
fund, the Environmental Law Enforcement fund, the Public Access fund, the Harbor
and Inland Water Maintenance fund, the Marine Fisheries fund, the Watershed
Management fund, the Clean Air Act Compliance fund, the Second Century fund,
the Ponkapoag Recreational fund, the Leo J. Martin Recreation fund, the Brownfields
Revitalization fund, and the Safe Drinking Water Act fund; provided further,
that said report shall include, but not be limited to, the following: (a) the
current fund balances of each said fund, (b) the enabling statutes for each
said fund, including amendments thereto, (c) a five year history of spending
charged to and revenue credited to each said fund, (d) fiscal years 2002 and
2003 expenditures charged to each said fund by line item and amount, (e) fiscal
years 2002 and 2003 revenues credited to each said fund by revenue source and
amount, (f) projected revenue for each said fund for fiscal years 2003, 2004,
2005, (g) the structure or formula for each fee that supports each revenue source
of each said fund, including the current fee, how long the current fee has been
in place, the date on which the fee was last changed and by what amount, (h)
a comparison of fees charged in other states for similar services or purposes,
(i) the current amount of outstanding uncollected fees or fines by each fund,
(j) recommendations for changes in fee structures or formulas to correct structural
fund deficits, (k) recommendations for consolidation of the environmental minor
funds, (l) recommendations for reductions in expenditures to correct structural
fund deficits, (m) recommendations to reduce all fund deficits to zero by the
end of fiscal year 2005; provided further, that said recommendations shall not
include any proposal to deplete amounts from or divert revenues from the General
Fund, Local Aid or Highway fund and shall include any legislation necessary
to effectuate the orderly and cost-effective implementation of the elimination
of said structural minor fund deficits; and provided further, that the comptroller
may allocate the costs for such data processing services to the several state
and other funds to which items of appropriation of such agencies are charged
.................. $6,703,905 $6,458,905
General Fund ........................................................................................ 75.34%
Local Aid Fund .......................................................................................... 17.60%
Clean Environment Fund .............................................................................. 2.73%
Toxics Use Reduction Fund ........................................................................ 1.93%
Harbors and Inland Waterways Fund ......................................................... 1.12%
Environmental Law Enforcement Fund ........................................................ 0.32%
Public Access Fund .............................................................................. 0.32%
Marine Fisheries Fund ............................................................................... 0.32%
Inland Fisheries and Game Fund ................................................................... 0.32%
2000-9004
This item was reduced by the acting Governor
For certain payments for the
maintenance and use of the trail-side museum and the Chickatawbut Hill
center ..............................................................$439,500 $219,750
2000-9900
For the office of geographic and environmental information established pursuant
to section 4B of chapter 21A of the General Laws .................................................................................................$385,378
2001-1001
The secretary of environmental affairs may expend an amount not to exceed $50,000
accrued from fees charged to authorities and units of government within the
commonwealth, other than state agencies, for the distribution of digital cartographic
and other data, and the review of environmental notification forms pursuant
to the Massachusetts environmental policy act, for the purposes of providing
said services ............................................ $50,000
2010-0100
This item was reduced and language was striken by the
acting Governor
For recycling and related purposes consistent with the recycling plan of the
solid waste master plan which includes municipal equipment, a municipal recycling
incentive program, recycled product procurement, guaranteed annual tonnage assistance,
recycling transfer stations, source reduction and technical assistance, consumer
education and participation campaign, municipal household hazardous waste program,
the recycling loan program, research and development, recycling market development
and recycling business development, and the operation of the Springfield materials
recycling facility; provided, that the department shall be prohibited from increasing
the number of full time employees paid from this line item above the number
assigned to this item on March 1, 2002; provided further, that not less than
$125,000 shall be expended for a public education campaign to encourage participation
in existing curbside pick-up recycling programs for the city of Boston; provided
further that, not less than $1,250,000 shall be expended on municipal equipment
grants; provided further, that not less than $2,525,000 shall be expended on
municipal recycling incentives; provided further, that funds may be expended
for a recycling industry reimbursement program pursuant to section 24I of chapter
43 of the acts of 1997; provided further, that the department of environmental
protection shall expend not less than $1,375,000 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 said redemption centers shall be
eligible for such funds if they were registered with the commonwealth as of
April 1, 2002; provided further, that for the purposes of this item and said
chapter 94, a redemption center shall be any business registered with the commonwealth
whose primary purpose is the redemption of reusable beverage containers; provided
further, that such program shall take into consideration the volume of redeemables
per redemption center, the length of time such center has been in operation,
the number of returnables redeemed quarterly by such centers, the submission
by such centers of documentation of their redeemed returnables to the department,
and the costs of transportation, packing, storage and labor; and provided further,
that the department shall make recommendations to the general court concerning
such costs by January 3, 2003 ............ $8,781,693 $4,881,693
Clean Environment Fund .................................................................. 100.00%
2020-0100
For toxics use reduction technical assistance and technology, in accordance
with the provisions of chapter 21I of the General Laws ........................................................................................................................................
$1,596,731
Toxics Use Reduction Fund ............................................................. 100.00%
Department of Environmental Management.
2100-0005
For the department of environmental management pursuant to the provisions of
section 10A of chapter 91 of the General Laws; provided, that expenditures from
this item shall be solely from the AA subsidiary, so-called $800,000 Harbors
and Inland Waters Maintenance Fund ...............................................................................
100.00%
2100-1000
This item was reduced by the acting Governor
For the operation of the department of environmental management ............................... $2,236,276 $2,124,462
Local Aid Fund .............................................................................. 100.00%
2100-2002
The department may expend $80,000 from revenues received from interstate fire-fighting
services authorized under section 44 of chapter 138 of the acts of 1991; provided,
that the department may expend from this item an amount equal to out of pocket
expenses and the costs of overtime and shift hours worked by employees of the
department and the metropolitan district commission from reimbursements collected
from the federal government for the costs of interstate fire-fighting; provided
further, that the department shall allocate such amounts to the metropolitan
district commission for such purposes; and provided further, that for the purpose
of accommodating discrepancies between the receipt of retained revenues and
related expenditures, the department and 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 $80,000
2100-2030
This item was reduced and language was striken by the
acting Governor
For the recreational and resource conservation operations of the department;
provided, that funds appropriated herein shall be used to operate all of the
department's parks, heritage state parks, reservations, campgrounds, beaches,
and pools, and for the oversight of rinks; provided further, that funds appropriated
herein shall be used to protect and manage the department's lands and natural
resources, including the forest and parks conservation services and the bureau
of forestry development; provided that the commissioner of environmental management
and the commissioner of the division of capital asset management and maintenance
shall collaborate with the secretary of environmental affairs on a study, as
detailed in item 2000-0100, to be submitted to the house and senate committees
on ways and means, the joint committee on natural resources and agriculture,
and the joint committee on state administration no later than November 30, 2002;
provided further, that not less than $75,000 shall be expended for the town
of Braintree for a conservation and education program; provided further, that
no funds from this item shall be made available for payment to true seasonal
employees; provided further, that the department is authorized to issue grants
to public and non-public entities from this item; provided further, that not
less than $250,000 shall be obligated for the Schooner Ernestina Commission; and provided further, that not less than $50,000 shall be expended for the
promotion of tourism in the city of Fall River .............. $20,542,416
$20,492,416
2100-2032
The department may expend up to $1,403,394 from new revenues related to the
department of environmental management including, but not limited to, 1-time
payments received as compensation due to the commonwealth associated with prior
conveyances of department of environmental management properties, or easements
or other interests in such properties, as identified through the study provided
for in item 2000-0100 of section 2, provided further, that funds shall be allocated
for expenditure only upon the deposit to the General Fund, in a ratio of 2-to-1,
of a corresponding amount of newThis item was vetoed by the acting Governor
revenues ......................................................................
$1,403,394
2100-2041
Language was struck out by the acting Governor
The department may expend revenues collected up to a maximum of $2,875,000 from
fees charged by the department credited to the Second Century Fund for additional
expenses, upkeep and improvements to the parks and recreation system of the
department; provided, that no funds from this item shall be expended for the
costs of personnel, including seasonal employees; and provided further, that
the department shall enter into a memorandum of understanding with the town
of Natick for access through John J. Lane park to Cochituate state park;
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 therefor
as reported in the state accounting system; provided further, that no expenditures
made in advance of the receipts shall be permitted to exceed 75 per cent of
the amount of revenues projected to be credited to the Second Century fund by
the first quarterly statement required by section 1B; provided further, that
the comptroller shall notify the budget director and the chairmen of 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 credited
to the Second Century fund in each such quarter and the implications of said
variance for expenditures made from the Second Century fund; and provided further,
that the department is authorized to issue grants to public and non-public entities
from this item ..................................... $2,875,000
Second Century Fund .................................................................... 100.00%
2100-2050
The department of environmental management may expend revenues collected up
to a maximum of $395,218 from campsite reservation transactions from the automated
campground reservation and registration program; provided, that these funds
shall be expended for the operation of this program; provided further, that
for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payments amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state accounting
system ......................................................................
$395,218
2100-3010
For the seasonal hires of the department, including hires for the fire control
unit; provided, that no funds from this item shall be expended for year-round
seasonal employees; provided further, that seasonal employees who are hired
prior to the second Sunday before Memorial Day and whose employment continues
beyond the Saturday following Labor Day and who received health insurance benefits
in fiscal year 2002 shall continue to receive such benefits in fiscal year 2003
during the period of their seasonal employment; and provided further, notwithstanding
the provisions of section 1 of chapter 31 of the General Laws, seasonal positions
funded by this account are positions requiring the services of an incumbent,
on either a full-time or less than full-time basis beginning no earlier than
April 1 and ending no later than October 31 .................... $6,274,067
Local Aid Fund ......................................................................................... 90.00%
Highway Fund ......................................................................................... 10.00%
Department of Environmental Protection.
2200-0100
This item was reduced and language was striken by the
acting Governor
For the operation of the department of environmental protection, including the
environmental strike force, the office of environmental results and strategic
planning, the bureau of resource protection, the Senator William X. Wall experimental
station, and a contract with the University of Massachusetts for environmental
research, notwithstanding the provisions of section 323F of chapter 94 of the
General Laws; provided, that the provisions of section 3B of chapter 7 of the
General Laws shall not apply to fees established pursuant to section 18 of chapter
21A of the General Laws; provided further, that enactment of the appropriations
made available by this act to the department shall be deemed a determination,
pursuant to subsection (m) of section 19 of chapter 21A of the General Laws;
provided further, that notwithstanding any general or special law or regulation
to the contrary, the said department shall promulgate emergency regulations
to increase any existing permit or compliance fee created under section 18 of
chapter 21A of the General Laws, that has not been modified more recently than
fiscal year 1997 to reflect the increase in the consumer price index since the
date the existing fee was established; provided further, that the increase shall
take effect during fiscal year 2003 as soon as the emergency regulations are
promulgated; provided further, that $100,000 be expended to the Water Resources
Research Center of the University of Massachusetts at Amherst to conduct a study
and prepare a report on the laws, regulations, and policies of the commonwealth
dealing with water conservation, water resource protection, drought preparedness,
and instream flow; provided further, that the report shall identify any inconsistencies
or potential inconsistencies of these laws with the federal Clean Water Act;
provided further, that the report shall include recommendations for legislative,
regulatory, and policy changes necessary to ensure the preservation of adequate
instream flows to protect the native biological communities of the rivers and
streams of the commonwealth and to ensure an adequate supply of water to meet
the health, safety and economic needs of the public; provided further, that
the report shall also make recommendations regarding additional water conservation
measures needed to improve the efficiency of residential, commercial, industrial,
institutional and agricultural water use in the commonwealth, including, but
not limited to, more aggressive leak detection and repair programs, and programs
and policies to reduce the amount of water that is unaccounted for, including
water meter responsibility and the need for tax credits or other financial incentives
to encourage water conservation; provided further, that $200,000 shall be expended
to provide for and test the public water supply in the town of Avon; provided
further, that not less than $100,000 shall be expended for grants to the town
of Mendon for testing wells, blood, and remediation of illegal dumping; and
provided further, that the Commonwealth make every effort to seek reimbursement
from those parties found responsible for said pollution ......................... $30,730,810 $28,830,810
General Fund ........................................................................................ 37.05%
Environmental Permitting and Compliance Fund ............................................. 36.95%
Clean Environment Fund ...................................................................... 26.00%
2210-0100
For the implementation and administration of chapter 21I of the General Laws;
provided, that the department shall submit a report to the house and senate
committees on ways and means on or before February 1, 2003 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
....$988,526
Toxics Use Reduction Fund ......................................................... 100.00%
2210-0110
This item was reduced by the acting Governor
For the second and final year appropriation for the solid waste master plan
....................... $7,000,000 $4,000,000
Clean Environment Fund ............................................................................ 100.00%
2220-2220
For the administration and implementation of the federal Clean Air Act, including
the operating permit program, the emissions banking program, the auto related
state implementation program, the low emission vehicle program, the non-auto
related state implementation program, and the commonwealth's commitments under
the New England Governor's/Eastern Canadian Premier's Action Plans for reducing
acid rain deposition and mercury emissions.$1,220,445
Clean Air Act Compliance Fund .............................................................. 100.00%
2220-2221
For the administration and implementation of the operating permit and compliance
program required under the federal Clean Air Act .....................................................................................................................................
$2,333,394
Clean Air Act Compliance Fund ............................................................... 100.00%
2250-2000
For the purposes of state implementation of the federal Safe Drinking Water
Act under section 18A of chapter 21A of the General Laws ............................................................................................................................
$1,798,683
Safe Drinking Water Act Fund ............................................................... 100.00%
2250-2001
For the administration of the state revolving fund ........................................................................
$1,424,834
2260-8870
For the expenses of the hazardous waste cleanup and underground storage tank
programs, notwithstanding section 323F of chapter 94 of the General Laws and
section 2K of chapter 29 of the General Laws and section 4 of chapter 21J of
the General Laws; provided, that the department shall submit a report to the
house and senate committees on ways and means on or before October 1, 2002 detailing
the number of full-time equivalent positions assigned to tier IA, tier IB, tier
IC and tier 1I projects .................................................................................................................
$16,002,124
Clean Environment Fund ............................................................................... 55.47%
Environmental Challenge Fund ...................................................................... 40.33%
Underground Storage Tank Petroleum Product Cleanup Fund ....................... 4.20%
2260-8881
For the operations of the board of registration of hazardous waste site cleanup
professionals, notwithstanding section 19A of chapter 21A of the General Laws
.............................................................................................
$334,308
Environmental Challenge Fund ................................................................... 100.00%
Department of Fisheries,
Wildlife and Environmental Law Enforcement.
Any federal funds received as reimbursements for expenditures from any of the
following items shall be credited to the Inland Fisheries and Game Fund.
2300-0100
For the office of the commissioner of fisheries and wildlife ..........................................................
$550,004
General Fund ............................................................................................. 62.50%
Environmental Law Enforcement Fund ....................................................... 12.50%
Marine Fisheries Fund ............................................................................... 12.50%
Public Access Fund ................................................................................... 12.50%
2300-0101
For a program of riverways protection, restoration and promotion of public access
to rivers, including grants to public and non-public entities; provided, that
the positions funded in this item shall not be subject to chapter 31 of the
General
Laws ..................................................................................................................................................
$399,880
Public Access Fund ............................................................................. 47.79%
G0eneral Fund .................................................................................... 52.21%
2310-0200
This item was reduced by the acting Governor
For the administration of the division of fisheries and wildlife, including
expenses of the fisheries and wildlife board, the administration of game farms
and wildlife restoration projects, for wildlife research and management, the
administration of fish hatcheries, the improvement and management of lakes,
ponds and rivers, for fish and wildlife restoration projects, the commonwealth's
share of certain cooperative fishery and wildlife programs, and for certain
programs reimbursable under the federal Aid to Fish and Wildlife Restoration
Act; provided, that funds from this item shall be made available to the University
of Massachusetts at Amherst for the purposes of wildlife and fisheries research
in an amount not to exceed the amount received in fiscal year 2002 for such
research; provided further, that the department shall expend the amount necessary
to restore anadromous fish in the Connecticut and Merrimack river systems; and
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 .................................... $7,239,786 $6,877,797
Inland Fisheries and Game Fund ......................................................... 100.00%
2310-0301
For the operation of a natural heritage and endangered species program .....................................
$652,130
General Fund ........................................................................................... 42.00%
Natural Heritage and Endangered Species Fund ......................................... 35.70%
Inland Fisheries and Game Fund .............................................................. 22.30%
2310-0316
For the purchase 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 2 and 2A of chapter 131 of
the General Laws; provided, that no funds shall be expended from this item in
the AA subsidiary, so-called, for the compensation of state employees assigned
to any item of appropriation ........................................................................
$1,419,000
Inland Fisheries and Game Fund ........................................................... 100.00%
2310-0317
For the waterfowl management program pursuant to section 11 of chapter 131 of
the General Laws $85,000 Inland Fisheries and Game Fund .................................................................................
100.00%
2320-0100
For the administration of the public access board, including the maintenance,
operation, and improvements of public access land and water areas as authorized
by section 17A of chapter 21 of the General Laws; provided, that trash dumpsters
shall be prohibited in all public landings situated in residential areas; provided
further, that the division of fisheries and wildlife shall post signs in said
areas prohibiting littering; provided further, that said signs shall require
users of said public landings to carry off all personal belongings and trash;
and provided further, that positions funded herein shall not be subject to the
provisions of chapter 31 of the General Laws ................................................................................................
$385,521
Public Access Fund ................................................................................. 100.00%
2330-0100
This item was reduced and language was striken by the
acting Governor
For the operation of the division of marine fisheries, including expenses of
the Annisquam river marine research laboratory, marine research programs, a
commercial fisheries program, a shellfish management program including coastal
area classification, mapping and technical assistance, and for the operation
of the Newburyport shellfish purification plant and shellfish classification
program; provided, that $300,000 shall be expended on a recreational fisheries
program to be reimbursed by federal funds; provided further, that the Newburyport
shellfish purification plant shall generate not less than $115,000 from purification
fees; provided further, that not less than $45,000 shall be expended for
shellfish propagation on the islands of Martha's Vineyard and Nantucket to be
administered by the state aquaculture coordinator and Dukes and Nantucket counties;
provided further, that not less than $180,000 shall be made available to the
School for Marine Science and Technology to help mitigate the negative economic
impact to the Massachusetts ports which has resulted from the change in federal
fisheries regulations; and provided further, that not less than $90,000 shall
be expended for the joint operation of a shellfish propagation program on Cape
Cod between the division and Barnstable County Department of Health and Environment .................................................................................................. $4,016,972 $3,815,384
Marine Fisheries Fund ...................................................................... 100.00%
2330-0120
For the division of marine fisheries for a program of enhancement and development
of marine recreational fishing and related programs and activities, including
the cost of equipment maintenance, staff and the maintenance and updating of
data ...........$638,974
Marine Fisheries Fund .................................................................... 100.00%
2330-0121
For the division of marine fisheries to utilize reimbursable federal sportfish
restoration funds to further develop marine recreational fishing and related
programs, including the costs of activities that increase public access for
marine recreational fishing, support research on artificial reefs, and otherwise
provide for the development of marine recreational fishing; provided, that the
division of marine fisheries may expend revenues up to $292,898 collected from
federal sportfish restoration funds and from the sale of materials which promote
marine recreational fishing; and provided further, that this expenditure shall
generate an additional $285,000 reimbursement from the federal sportfish restoration
program to the marine fisheries fund $292,898
Marine Fisheries Fund ............................................................................. 100.00%
2350-0100
For the operation of the division of environmental law enforcement; provided,
that each county shall be assigned at least 1 full-time environmental officer;
provided further, that officers shall be assigned to vacant patrol districts;
provided further, that officers shall provide monitoring pursuant to the National
Shellfish Sanitation Program; and provided further, that no funds from this
item shall be expended for the purposes of item 2350-0104 .................................................
$9,813,795
Environmental Law Enforcement Fund .............................................................. 50.66%
General Fund ................................................................................................... 34.20%
Highway Fund ................................................................................................. 15.14%
2350-0101
For the hunter safety training program ........................................................................................
$473,324
Inland Fisheries and Game Fund ...................................................................... 100.00%
2350-0104
For environmental police private details; provided, that the division may expend
revenues of up to $250,000 collected from fees charged for private details ...................................................................................................
$250,000
Environmental Law Enforcement Fund .................................................... 100.00%
Metropolitan District Commission.
2410-0900
Language was struck out by the acting Governor
For the personnel costs of the commissioner, associate commissioners and deputy
commissioners of the metropolitan district commission; provided, that the
commissioner report to the house and senate committees on ways and means not
later than December 1, 2002 detailing a plan to fully implement all legislative
mandates funded in prior general and supplemental appropriation acts and bond
authorizations, including status of all mandates and time-line for ......................................$353,323
completion
Local Aid Fund ............................................................................................ 75.00%
Highway Fund ........................................................................................... 25.00%
2410-1000
This item was reduced by the acting Governor
For the administration of the metropolitan district commission and the operation
of the construction division; provided, that said commission shall enter into
an interagency agreement with the department of state police to provide police
coverage on commission properties and parkways; provided further, that said
department shall reimburse the commission for costs incurred by the commission
including, but not limited to, vehicle maintenance and repairs, the operation
of department buildings and other related costs; provided further, that notwithstanding
the provisions of any general or special law to the contrary, all offices and
positions of the construction division shall be subject to classification under
sections 45 to 50, inclusive, of chapter 30 of the General Laws; provided further,
that notwithstanding the provisions of section 3B of chapter 7 of the General
Laws, the commission is hereby authorized and directed to establish or renegotiate
fees, licenses, permits, rents and leases, and to adjust or develop other revenue
sources to fund the maintenance, operation, and administration of the commission;
provided further, that an annual report shall be submitted to the house and
senate committees on ways and means regarding fee adjustments not later than
February 14, 2003; provided further, that notwithstanding the provisions of
any general or special law or administrative bulletin to the contrary, the department
shall not pay any fees charged for the leasing or maintenance of vehicles to
the operational services division; provided further, that no funds shall be
expended from this item for personnel overtime costs and provided further, that
no expenditures shall be made from the amount appropriated other than for those
purposes identified herein ........................ $3,225,410 $3,064,140
Local Aid Fund ........................................................................................... 75.00%
Highway Fund ............................................................................................. 25.00%
2410-1001
The commission may expend $100,000 for the operation and maintenance of the
commission's telecommunications system from revenues received from the Massachusetts
Water Resources Authority, the Massachusetts Convention Center Authority, the
department of highways Central Artery/Ted Williams Tunnel Project, the department
of state police and quasi-public and private entities through a system of user
fees and other charges established by the commissioner; provided, that this
item shall not impair or diminish the rights of access and utilization of all
current users of the system under agreements previously entered into with the
commission; 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 commission to maintain the telecommunications system;
and provided further, that no expenses other than those identified herein shall
be expended from this item ..................................$100,000
2420-1400
Language was struck out by the acting Governor
For the watershed management program to operate and maintain reservoirs, watershed
lands and related infrastructure of the commission; provided, that expenses
incurred in other commission programs to assist the watershed management program
may be charged to this item; provided further, that no water shall be diverted
from the Connecticut river by the metropolitan district commission or the Massachusetts
water resources authority; provided further, that $500,000 shall be paid to
the town of Clinton, under section 8 of chapter 307 of the acts of 1987, to
compensate for the use of certain land; provided further, that the amount of
the payment shall be charged to the local aid fund and not be included in the
amount of the annual determination of fiscal year charges to the Massachusetts
water resources authority assessed to the authority under section 113 of chapter
92 of the General Laws; provided further, that not less than 13 rangers shall
be assigned to patrol watershed areas; provided further, that the commission
shall submit quarterly reports to the house and senate committees on ways and
means not more than 10 days after the end of the quarter detailing expenditures
charged to the Watershed Management Fund in the most recent quarter including
the amount and a description of what was charged; provided further, that
the metropolitan district commission shall provide the Massachusetts water resources
authority advisory board with an annual presentation of the expenses of watershed
management operations funded by this item for which the authority is charged; provided further that no expenditure shall be made from the amount appropriated
other than for those purposes identified herein ...............................$9,489,702
Watershed Management Fund ....................................................................... 94.74%
Local Aid Fund ............................................................................................. 5.26%
2440-0010
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For the administration, operation and maintenance of the metropolitan district
commission parks and recreation division, for the maintenance, operation and
related costs of the parkways, boulevards, roadways, bridges and related appurtenances
under the care, custody and control of the commission, for the flood control
activities of the commission, for the purchase of all necessary supplies and
related equipment, and for the civilianization of crossing guards located at
metropolitan district commission intersections where state police previously
performed such duties; provided, that not less than $3,902 shall be expended
on additional school crossing guards on the corner of Mystic avenue and Shore
drive in the city of Somerville; provided further, that $75,000 shall be expended
for irrigation of the Houghton's pond ball fields; provided further, that not
less than $293,116 shall be expended for the maintenance and operation of the
James Michael Curley recreation center in Boston; provided further, that
not less than $105,000 shall be expended for maintenance of the southwest corridor
park and Pope John Paul Park in the city of Boston and the commission shall
enter into contracts for personnel and other resources necessary for such maintenance,
including the costs of three horticulturists; provided further, that the commission
shall conduct a hydrology survey to assess the sediment buildup and determine
the amount of dredging necessary at Pine Tree Brook in Milton; and provided
further, that no expenses other than those identified herein shall be expended
from
this item (provided further, that not less than $100,000
shall be expended for the maintenance and operation of James Michael Curley
recreation center in Boston).............$23,317,239 $21,972,475
Highway Fund .............................................................................................. 60.00%
Local Aid Fund ............................................................................................... 40.00%
2440-1000
The metropolitan district commission is hereby authorized to expend an amount
not to exceed $200,000 from revenue generated pursuant to section 34B of chapter
92 of the General Laws; provided, that no expenditures shall be made from the
amount appropriated other than for those purposes identified herein ............................................
$200,000
2440-3000
For the extended rink season, including the costs of personnel; provided, that
the metropolitan district commission is hereby authorized and directed to allocate
skating rink rental time so as to promote the expansion of all youth hockey
programs without discrimination by gender; and provided further, that no expenditures
shall be made from the amount appropriated other than for those purposes identified
herein ......................................................................
$307,775
Local Aid Fund ...................................................................................... 100.00%
2440-3001
The metropolitan district commission may expend an amount not to exceed $692,225
from skating rink fees and rentals for the operation and maintenance, including
personnel costs, of four rinks between September 1, 2002 and April 30, 2003
for an expanded and extended rink season; provided, that no expenditures shall
be made from the amount appropriated other than for those purposes identified
herein ................................................................... $692,225
2440-4420
For the operation and maintenance of the Ponkapoag golf course; provided, that
the commission may expend revenues up to $900,000 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 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; provided further, notwithstanding
section 1 of chapter 31 of the General Laws, seasonal positions funded by this
account are positions requiring the services of an incumbent, on either a full-time
or less than a full-time basis beginning no earlier than April 1 and ending
no later than November 30; and provided further, that no expenses shall be made
other than for the purposes identified herein ................. $900,000
Ponkapoag Recreational Fund ............................................................. 100.00%
2440-4421
For the operation and maintenance of the Leo J. Martin golf course; provided,
that the commission may expend revenues up to $700,000 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 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; provided further, notwithstanding
section 1 of chapter 31 of the General Laws, seasonal positions funded by this
account are positions requiring the services of an incumbent, on either a full-time
or less than a full-time basis beginning no earlier than April 1 and ending
no later than November 30; and provided further, that no expenses shall be made
other than for the purposes identified
herein ........................................... $700,000
Leo J. Martin Recreational Fund ................................................... 100.00%
2440-5000
For seasonal hires of the commission; provided, that no funds appropriated in
this item shall be used for year-round seasonals; provided further, that no
expenditures shall be made from the amount appropriated other than for those
purposes identified herein; provided further, that notwithstanding section 1
of chapter 31 of the General Laws, seasonal positions funded by this account
are positions requiring the services of an incumbent, on either a full-time
or less than full-time basis beginning no earlier than April 1 and ending no
later than November 30 or beginning no earlier than September 1 and ending no
later than April 30; provider further, that notwithstanding section 1 of chapter
31 of the General Laws; seasonal positions funded by this account may not be
filled by an incumbent for more than 8 months within a 12 month period; and
provided further, that the commission shall assign one park ranger between the
hours of 8:30a.m. and 6:00p.m from May 31 through October 1 at Norumbega park
in the town of Weston ................... $3,136,271
Highway Fund ...................................................................................... 60.00%
Local Aid Fund ..................................................................................... 40.00%
2443-2000
For the operation of the Commonwealth Zoological Corporation, pursuant to chapter
92B of the General Laws; provided, that funds appropriated herein shall be expended
for the purposes of promoting private fund-raising, achieving self-sufficiency
and serving as a catalyst for urban economic development and job opportunities
for local residents; provided further, that the corporation shall take all steps
necessary to increase the amount of private funding available for the operation
of the zoos; provided further, that the corporation shall report to the house
and senate committees on ways and means no later than February 1, 2003 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; provided further, that the corporation shall continue
to provide free services and supplies, including, but not limited to, routine
animal check-ups, diagnosis and care, emergency veterinary needs, medications
and medical supplies, vitamins and diet supplements and Zoo Prem feline diet,
to the trailside museum and the Chickatawbut Hill center in the town of Milton;
and provided further, that no expenses shall be made from the amount appropriated
other than for those purposes identified herein ..............................
$3,000,000
Local Aid Fund ........................................................................................ 100.0%
2444-9001
For the construction, reconstruction and improvement of boulevards, parkways,
bridges and related appurtenances under the care, custody and control of the
commission, including street lighting and the expenses of snow and ice control,
including the costs of personnel; provided, that no expenses shall be made other
than for the purposes identified herein $2,784,799
Highway Fund .............................................................................................. 100.00%
Department of Food and Agriculture.
2511-0100
This item was reduced by the acting Governor
For the operation of the department of food and agriculture, including the office
of the commissioner, the expenses of the board of agriculture, the division
of dairy services, the division of regulatory services and animal health, including
a program of laboratory services at the University of Massachusetts at Amherst,
the expenses of the pesticides board, the division of agricultural development
and fairs; provided further, that allotment funds for 4-H activities may be
expended from this item; provided further, that funds may be expended for the
Southeastern Massachusetts Agricultural Partnership; provided further, that
funds may be expended for agricultural fair prizes and rehabilitation including
the expenses of the agricultural lands board; and provided further, that funds
may be expended for implementation of the agricultural marketing strategic plan,
including, but not limited to, a "Buy Local" campaign, and funding for agricultural
business training and technical
assistance ...........................................................$4,494,165 $4,269,457
2511-0105
For the purchase of supplemental foods for the emergency food assistance program
within the second harvest nationally-certified food bank system of Massachusetts;
provided, that the funds appropriated herein shall be expended for food to be
distributed by the greater Boston food bank as follows: 73.5 per cent to the
greater Boston food bank, including a portion to be distributed to the Merrimack
valley food bank under a contractual agreement between the food bank and the
greater Boston food bank, 15.2 per cent to the food bank of western Massachusetts,
and 11.3 per cent to the Worcester county food bank; and provided further, that
not more than $150,000 shall be made available for a statewide nutrition education
program .................................................. $6,430,000
2511-3002
For the integrated pest management program; provided that notwithstanding the
provisions of any general law or special law to the contrary, 100 per cent of
the amount appropriated herein shall be assessed upon certified commercial applicators,
certified private applicator, licensed applicator, or contractors that spray,
release, deposit, or apply pesticides at a school, day care center, or school
age child care program; and provided further, that said companies or individuals
shall pay assessments within 30 days after receiving notice from the commissioner
of Food and Agriculture of the amounts due within, as established in Chapter
132B of the General Laws ...........................................................................................
$114,193
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary.
4000-0100
Language was struck out by the acting Governor
For the operation of the executive office, including the operation of the managed
care oversight board; provided, that the executive office shall provide technical
and administrative assistance to agencies under the purview of the secretariat
receiving federal funds; provided further, that the executive office shall monitor
the expenditures and completion timetables for systems development projects
and enhancements undertaken by the department of social services, the division
of medical assistance and the department of transitional assistance, and shall
ensure that all measures are taken to make such systems compatible with one
another for enhanced interagency interaction; provided further, that the executive
office shall continue to develop and implement the common client identifier;
provided further, that the executive office shall ensure that any collaborative
assessments for children receiving services from multiple agencies within the
secretariat shall be performed within existing resources; provided further,
that the executive office of health and human services 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 the islands; provided further, that notwithstanding
the provisions of any general or special law to the contrary, there shall be
established a commission to investigate and evaluate the delivery of alcohol
and drug abuse services in the commonwealth, including, but not limited to,
interagency collaboration in delivery of existing services, including gaps and
duplications in said services to populations served by multiple state agencies;
provided further, that said populations shall include, but not be limited to,
individuals dually diagnosed with mental health and substance abuse problems,
substance abusing individuals in or leaving the correctional system, and youths
under or leaving the custody of the departments of social services or youth
services; provided further, that said commission shall develop recommendations
on an administrative structure which would most efficiently provide substance
abuse services in the commonwealth, including the most appropriate methods and
departments through which said services would be most effectively and efficiently
delivered; provided further, that said commission shall consist of three members
of the House of Representatives appointed by the Speaker, three members of the
Senate, appointed by the Senate President, the commissioners, or their designees,
of the departments of public health, mental health, corrections, social services
and youth services and the commissioner, or their designee, of the division
of medical assistance; and provided further, that said commission shall report
its findings and recommendations to the joint committees on health care and
human services and elderly affairs and to the house and senate committees on
ways and means by February 15, 2003 ................. $1,883,812
4000-0112
For matching grants to municipalities, boys' and girls' clubs, YMCA and YWCA
organizations, Girls' inc., and non-profit community centers for a program to
prevent high rates of juvenile delinquency, teen pregnancy and high school dropout
rates for youths-at-risk, so-called; provided, that the program shall be structured
to require collaboration in each such neighborhood between agencies of the executive
office of health and human services and the departments of human services and
education, the county sheriffs' offices, public safety departments, boys' and
girls' clubs, YMCA and YWCA organizations and non-profit community centers of
each participating municipality; provided further, that youths-at-risk shall
include, but not be limited to, those teenagers and pre-teenagers identified
with histories of court involvement, significant or continuous exposure to criminal
behavior in their households, truancy, homelessness, children-in-need-of-services
status, so-called, or involvement with the departments of social services or
youth services; provided further, that funds from this item may be expended
to provide after school programs that include parental accountability and training,
court-based assessments, mentoring, substance abuse prevention and recreational
programs; provided further, that the executive office shall work in conjunction
with public and private organizations for the purposes of securing new matching
funds for expenditures made from this item; provided further, that the secretary
of health and human services shall award the full amount of each grant to each
organization upon commitment of matching funds from the organization; provided
further, that the secretary shall report to the house and senate committees
on ways and means on the types of services, the cost of each such service, the
exact amounts matched by each program, the names of vendors contracted by each
program, the number of children to be served by each program, the goals of each
program, expected outcomes for fiscal year 2003 and actual outcomes for fiscal
year 2003; provided further, that $60,000 shall be expended for the Billerica
Boys and Girls Club; provided further, that $25,000 shall be expended for the
Brockton Boys and Girls Club; provided further, that $100,000 shall be expended
for the Taunton Boys and Girls Club; provided further, that $40,000 shall be
expended for the Boys and Girls Club of Greater Westfield; provided further,
that $40,000 shall be expended for the YMCA of Greater Westfield; provided further,
that $40,000 shall be expended for the public partnership program between the
greater Lynn YMCA and YWCA and the town of Saugus and the public partnership
program between the Saugus YMCA and YWCA and the town of Saugus; and provided
further, that not less than $150,000 shall be expended for the Massachusetts
alliance of boys and girls clubs ................................. $455,000
4000-0122
For a citizenship assistance program to assist legal non-citizens in becoming
citizens of the United States; provided, that the executive office of health
and human services shall enter into an interagency service agreement with the
office for refugees and immigrants for the administration of the program; provided
further, that the program shall be administered in consultation with the executive
office, the department of transitional assistance and the division of medical
assistance; provided further, that the program shall be provided through community-based
organizations to the maximum extent determined appropriate by the office for
refugees and immigrants; provided further, that the program funded by this item:
(1) shall provide assistance to persons who are eligible to become citizens
of the United States within 3 years; and (2) may be funded not only through
state appropriations but also through matching financial or in-kind contributions
by private organizations or local government agencies; provided further, that
persons who would qualify for benefits provided under chapter 118A of the General
Laws, but for their status as legal non-citizens shall be accorded the highest
priority for provision of services; provided further, that the program shall
neither be an entitlement, nor be construed to create an entitlement, and shall
be subject to state appropriation; provided further, that the office for refugees
and immigrants shall issue quarterly reports to the house and senate committees
on ways and means and to the executive office of administration and finance
on the number of persons participating in the program and the number of persons
attaining citizenship in each quarter; provided further, that the report shall
also detail the number of participants in the program receiving state-funded
benefits by category of benefits and the federal benefits each participant would
have been eligible for, but for the participant's status as a legal non-citizen;
provided further, that the office for refugees and immigrants shall report quarterly
to the house and senate committees on ways and means and the executive office
of administration and finance on the amounts of matching or in-kind contributions
by private organizations or local government agencies; provided further, that
no funds shall be expended from this item to replace expiring federal funds;
and provided further, that no funds shall be expended from this item for AA
subsidiary payroll costs ................. $500,000 This item was vetoed by the acting Governor
4000-0140
For the Operation of the Betsy Lehman Center for Patient Safety and Medical
Error Reduction, under section 16E of chapter 6A of the General Laws ............................................................................................................
$200,000
4000-0300
Language was struck out by the acting Governor
For the operation of the division, including the administrative, contracted
services and non-personnel systems costs related to the implementation and operation
of programs authorized by sections 9A to 9C, inclusive, and sections 16B and
16C of chapter 118E of the General Laws; provided, that such costs shall include,
but not be limited to, pre-admission screening, utilization review, medical
consultants, disability determination reviews, health benefit managers, interagency
service agreements, the management and operation of the central automated vendor
payment system, including the recipient eligibility verification system, vendor
contracts to upgrade and enhance the division's central automated vendor payment
system, the medicaid management information system, so-called, and the recipient
eligibility verification system MA21, so-called, costs related to the information
technology chargebacks, contractors responsible for system maintenance and development,
personal computers and other information technology equipment used by the division;
provided further, that 50 per cent of the cost of provider point of service
eligibility verification devices purchased by the division shall be assumed
by the providers utilizing the devices; provided further, that the division
shall assume the full cost of provider point of service eligibility verification
devices utilized by any and all participating dental care providers; provided
further, that the same standards and regulations for personal care attendants
in effect on February 1, 2001 shall be retained in fiscal year 2003 unless an
agreement to any changes is reached between the division of medical assistance,
designees of the governor's advisory commission on disability policy, the Massachusetts
office on disability and the statewide independent living council; provided
further, that the same standards and regulations in place for score III in fiscal
year 1998 shall be retained in fiscal year 2003; provided further, that in consultation
with the division of health care finance and policy, the division shall not
approve any increase in existing medicaid provider rates without taking all
measures possible under Title XIX of the Social Security Act to ensure that
rates of payment to providers do not exceed such rates as are necessary to meet
only those costs which must be incurred by efficiently and economically operated
providers in order to provide services of adequate quality; provided further,
that expenditures for the purposes of each item appropriated to the division
by this act shall be accounted for according to such purpose on the Massachusetts
management accounting and reporting system not more than 10 days after such
expenditures have been made by the medicaid management information system; provided
further, that the division shall not make expenditures that are not federally
reimbursable, except as specifically authorized herein, or unless made for cost
containment efforts the purposes and amounts of which have been submitted to
the house and senate committees on ways and means 30 days prior to making such
expenditures; provided further, that the division may continue to recover provider
overpayments made in the current and prior fiscal years through the medicaid
management information system, and that such recoveries shall be deemed current
fiscal year expenditure refunds, so-called; provided further, that the division
shall report quarterly to the house and senate committees on ways and means
the amounts of said expenditure refunds credited to each item of appropriation;
provided further, that the division shall report quarterly to the house and
senate committees on ways and means the amount of hand generated payments, so-called,
to providers by item of appropriation from which said payments were made; provided
further, that the division shall submit a report to the house and senate committees
on ways and means detailing projected expenditures for fiscal years 2003 and
2004 for this item and items 4000-0320, 4000-0430, 4000-0500, 4000-0600, 4000-0860,
4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891 and 4000-1400; provided
further, that in identifying the projected expenditures, the report shall account
for any and all assumptions used to project promulgated or projected changes
in provider payment rates, average per-member-per-month expenditure amounts,
and the methods utilized to estimate current and prospective beneficiary enrollment
and benefit utilization trend; provided further, that the report shall include
monthly member-month caseload, date-of-service and date-of-payment expenditure
data by provider type and health benefit plan; provided further, that the report
shall detail by item of appropriation any updates or budgetary revisions made
subsequent to the governor's budget submission for fiscal year 2004 recommendations,
including, but not limited to, any assumptions used to develop the recommendations;
provided further, that the report shall be submitted not later than February
15, 2003; provided further, that no funds shall be expended by the division
for the purpose of funding interpretive services directly or indirectly related
to a settlement or resolution agreement, so-called, with the office of civil
rights or any other office, group or entity; provided further, that interpretive
services currently provided by the division shall not give rise to enforceable
legal rights for any party or to an enforceable entitlement to interpretive
services; provided further, that the federal financial participation received
from claims filed by the division for the costs of outreach and eligibility
activities performed at certain hospitals or by community health centers which
are funded in whole or in part by federally permissible in-kind services or
provider donations from the hospitals or health centers, shall be credited to
this item and may be expended without further appropriation in an amount specified
in the agreement between the division and each donating provider hospital or
health center; provided further, that the federal financial participation received
from claims filed by the division based on in-kind administrative services related
to outreach and eligibility activities performed by certain community organizations,
under the so-called "covering kids initiative" and in accordance with the federal
revenue criteria in 45 CFR 74.23 or any other federal regulation which provides
a basis for federal financial participation, shall be credited to this item
and may be expended, without further appropriation, on administrative services
including those covered under an agreement between the division and the organizations
participating in the initiative; provided further, that expenditures for the
purpose of a dispensing fee to retail pharmacies shall be paid for out of the
Health Care Quality Improvement Trust Fund, established in section 2DDD of chapter
29 of the General Laws; provided further, that no funds from items 4000-0430,
4000-0500, 4000-0600, 4000-0860, 4000-0870 or 4000-0880 shall be expended for
the purpose of such dispensing fees, except that funds may be expended from
any such item if amounts from the Health Care Quality Improvement Trust Fund
are insufficient to pay for such fees; provided further, that notwithstanding
the provisions of any general or special law to the contrary, there shall not
be any expansion in the MassHealth program, so called, in terms of either covered
populations or covered services or benefits until at least July 1, 2005; provided
further, that notwithstanding the provisions of any general or special law to
the contrary, the division of medical assistance shall seek federal approval
under section 1115(a) of the Social Security Act to implement a demonstration
waiver that would allow the state more flexibility to administer its medicaid
program; provided further, that said division shall request a waiver that would
help the state sustain its existing coverage for low-income children and other
vulnerable populations covered under its Medicaid optional programs by allowing
the state programmatic flexibility to adopt cost-sharing, benefit design flexibility,
and enrollment cap options for its categorically needy and medically needy optional
populations; provided further, that said division shall report to the house
and senate committees on ways and means within ten days of receiving federal
approval for such a waiver and shall include in said report an outline of the
appropriate steps said division will take to implement cost-sharing initiatives
such as co-payments and premiums for said optional populations and optional
services; provided further, that said report shall include a detailed analysis
by line item of anticipated savings in spending expected from such changes to
the structure of the state medicaid program; provided further, that federal
reimbursements received for administrative expenditures made pursuant to this
item shall be credited proportionally to the General Fund and the Children's
and Seniors' Health Care Assistance Fund, established under section 2FF of chapter
29D of the General Laws, in the same percentages as expenditures are made from
this item and the funds ......................................................
$117,060,684
General Fund ................................................................................... 85.84%
Children's and Seniors' Health Care Assistance Fund ........................ 14.16%
4000-0320
The division of medical assistance may expend an amount not to exceed $70,000,000
from the monies received from recoveries of any prior year expenditures and
collections from liens, estate recoveries, third party recoveries, drug rebates,
accident and trauma recoveries, case mix recoveries, computer audits, insurance
recoveries, provider overpayment recoveries, bankruptcy settlements, masspro
and healthpro refunds, medicaid fraud returns, data match returns, medicare
appeals and program and utilization review audits; provided, that any revenues
collected by the division that are not attributable to the aforementioned categories
shall be deposited in the General Fund and shall be tracked separately; provided
further, that additional categories of recoveries and collections may be credited
to this item after providing written notice to the house and senate committees
on ways and means; provided further, that no funds from this item shall be used
for the purposes of item 4000-0300; provided further, that expenditures from
this item shall be limited solely to payments for the provision of medical care
and assistance rendered in the current fiscal year; and provided further, that
the division shall file quarterly with the house and senate committees on ways
and means, a report delineating the amount of current year rebates from pharmaceutical
companies or other current year collections which are being used to supplement
current year expenditures; and provided further, that additional categories
of recoveries and collections, including the balance of any personal needs accounts
collected from nursing and other medical institutions and a recipients death
and held by the division for more than three years, may, notwithstanding the
provisions of any general or special law to the contrary, be credited to this
item after providing written notice to the house and senate committees on ways
and means, and the secretary of administration and finance $70,000,000 4000-0430
For the commonhealth program to provide primary and supplemental medical care
and assistance to disabled adults and children under sections 9A, 16 and 16A
of chapter 118E of the General Laws; provided, that funds may be expended from
this item for health care services provided to the recipients in prior fiscal
years; provided further, that the division shall maximize federal reimbursement
for state expenditures made on behalf of said adults and children; provided
further, that the division shall adhere to the same time standards for processing
of a commonhealth application as govern applications under Title XIX of the
Federal Social Security Act namely within 45 days of receipt of a completed
application or within 90 days if a determination of disability is required;
provided further, that children shall be determined eligible for the medical
care and assistance if the children meet the disability standards as defined
by the division of medical assistance and that the disability standards shall
be no more restrictive than the standards in effect on July 1, 1996 ...................................................
$54,745,000
4000-0500
For health care services provided to medical assistance recipients under the
division's primary care clinician/mental health and substance abuse plan or
through a health maintenance organization under contract with the division,
provided, that funds may be expended from this item for health care services
provided to said recipients in prior fiscal years; provided further, that no
payment for special provider costs shall be made from this item without the
prior written approval of the secretary of administration and finance; provided
further, that expenditures from this item shall be made only for the purposes
expressly stated herein; provided further, that the commissioners of medical
assistance and mental health shall report quarterly to the house and senate
committees on ways and means relative to the performance of the managed care
organization under contract with the division to administer the mental health
and substance abuse benefit; provided further, that such quarterly reports shall
include, but not be limited to, analyses of utilization trends, quality of care
and costs across all service categories and modalities of care purchased from
providers through the mental health and substance abuse program, including those
services provided to clients of the department of mental health; provided further,
that payment of any additional amounts for administration to its mental health
and substance abuse benefits contractor, including any financial or performance
incentives, shall be contingent on the contractor first providing to the house
and senate committees on ways and means an analysis of the difference between
inpatient and outpatient provider costs and the rates of payment by said contractor;
provided further, that such analysis shall include a plan to address such difference,
if any, between said costs and payments; provided further, that not less than
$5,000,000 shall be expended for disproportionate share payments for inpatient services provided at pediatric specialty hospitals and units; provided further,
that $1,100,000 shall be available for the provision of medical interpreter
services to MassHealth members in emergency rooms or acute psychiatric units
within acute care or psychiatric hospitals; provided further that not less than
twenty percent of said amount shall be expended for grants awarded through a
competitive bidding process intended for demonstrate innovative methods to improve
interpreter services and contain costs; provided further, that the department
shall reimburse acute care hospitals in the department of mental health's designated
northeast area, so called, for short-term inpatient psychiatric services at
the same per diem rate as is paid to hospitals located in the department of
mental health's currently designated metro suburban area, so called ...........
$1,896,910,000
4000-0600
For health care services provided
to medical assistance recipients under the division's senior care plan; provided,
that funds may be expended from this item for health care services provided
to these recipients in prior fiscal years; provided further, that no payment
for special provider costs shall be made from this item without the prior written
approval of the secretary of administration and finance; provided further, that
expenditures from this item shall include a demonstration project known as the
"community choices" initiative, so-called; provided further, that under said
demonstration, eligible MassHealth enrollees in the section 2176 elder care
waiver, so-called, shall be covered for any needed community services, from
among those services available under said waiver or under the Commonwealth's
Title XIX state plan, for the purpose of delaying or preventing an imminent
nursing home admission; provided further, that elders enrolled in said waiver
at risk of imminent nursing home admission shall be provided information about
the availability of such services; provided further, that the criteria for determining
whether an elder is at imminent risk of nursing home admission shall be defined
in an interagency agreement between the division and the executive office of
elder affairs and such determination may be delegated to a third party pursuant
to the terms of such agreement; provided further, that for elders who, pursuant
to the aforementioned interagency agreement, have been determined to be at such
imminent risk, have chosen to remain in the community, and for whom community
care is medically appropriate, the division shall establish a funding level
that, on a monthly average basis, is equal to fifty percent of the median monthly
per capita expenditure made by the division for nursing facility services provided
to elders; provided further, that such funding level may include the costs of
needed waiver services or other needed community services available to said
elders under said state plan, provided further, that said interagency agreement
shall be amended to implement said demonstration project and shall describe
how said funding level will be made available to meet the costs of needed waiver
services or other needed community services available to said elders under said
state plan; provided further, that the division shall enter into an agreement
with each aging service access point participating in said demonstration, which
shall describe a system to be followed by each aging service access point, in
accordance with state law and requirements under Title XIX of the Social Security
Act, for coordination of both waiver and non-waiver community services needed
by such eligible elders; provided further, that each aging services access point
receiving funds under said demonstration project shall submit monthly reports
to the division of medical assistance and to the executive office of elder affairs
on the care provided and the service expenditures made under said 2176 elder
care waiver and such other information as specified by the division and said
executive office; provided further, that the division and the executive office
of elder affairs shall each prepare a report on all relevant costs and savings
associated with said demonstration project; and provided further, that said
report shall be submitted to the house and senate committees on ways and means
by April 1, 2003; provided further, that the division shall expend $40,000,000
for the purpose of funding base hourly wage increases and related payroll taxes
for certified nurses' aides at nursing facilities, in accordance with 114.2
CMR 6.00 et seq.; provided further, that effective January 1, 2002, such wage
increases shall be over and above any previously collectively bargained for
wage increases; provided further, that the division shall report to the house
and senate committees on ways and means on the increases given at each facility
by February, 1, 2003; provided further, that said division shall in correlation
with the senior care options program explore options for enrolling the senior
care population into managed care programs through federal waivers or other
necessary means; provided further, that the division shall expend all necessary
amounts to maintain the number of nursing facility bed hold days at 20 for patients
of the facility on medical leaves of absence under section 403 of chapter 159
of the acts of 2000; and provided further, that expenditures from this item
shall be made only for the purposes expressly stated
herein ............... $1,717,620,000
4000-0700
For health care services provided to medical assistance recipients under the
division's health care indemnity/third party liability plan and medical assistance
recipients not otherwise covered under the division's managed care or senior
care plans; provided, that funds may be expended from this item for health care
services provided to said recipients in prior fiscal years; provided further,
that no payment for special provider costs shall be made from this item without
the prior written approval of the secretary of administration and finance; provided
further, that expenditures from this item shall be made only for the purposes
expressly stated herein .............................................................
$1,103,497,000
4000-0860
For MassHealth benefits provided to children and adults under clauses (a), (b),
(c), (d) and (h) of subsection 2 of section 9A of chapter 118E of the General
Laws; provided, that no funds shall be expended from this item for children
and adolescents under said clause (c) of said subsection 2 whose family incomes,
as determined by the division, 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; and provided further,
that all federal reimbursements received for expenditures from this item under
the provisions of Title XIX and Title XXI of the Federal Social Security Act
shall be credited to the Children's and Seniors' Health Care Assistance Fund
........................................... $332,786,452
Children's and Seniors' Health Care Assistance Fund ................................ 100.00%
4000-0870
For health care services provided to adults participating in the medical assistance
program pursuant to clause (g) of subsection 2 of section 9A of chapter 118E
of the General Laws as amended by this act; provided, that funds may be expended
from this item for health care services provided to said recipients in prior
fiscal years; provided further, that all revenues received as a result of expenditures
authorized herein shall be credited proportionally to the General Fund and the
Children's and Seniors' Health Care Assistance Fund in fiscal year 2003; provided
further, that notwithstanding the provisions of any general or special law to
the contrary, the division of medical assistance shall seek to amend their demonstration
waiver, as approved under section 1115(a) of the Social Security Act and authorized
by Chapter 203 of the Acts of 1996, to eliminate medical benefits for those
beneficiaries previously qualified under clause (g) of subsection 2 of section
9A of Chapter 118E of the General Laws before amended by this act who are not
recipients of emergency assistance to elderly, disabled, and children nor department
of mental health clients, as determined by the commissioner of the department
of mental health; provided further, that said division shall take such action
pursuant to the provisions of subsection 5 of section 9B of Chapter 118E of
the General Laws; provided further, that said division shall notify the house
and senate committees on ways and means within ten days after receiving federal
approval for said waiver; provided further, that said division shall also submit
within thirty days after said approval an updated report on the finding of budget
neutrality, as changed by the approval of the amended waiver, for fiscal year
2003 and beyond, as directed by section 9B of chapter 118E of the General Laws
...................................... $219,823,000
Children's and Seniors' Health Care Assistance Fund .................................. 93.47%
General Fund ............................................................................................ 6.53%
4000-0875
For the provision of benefits to eligible women who require medical treatment
for either breast or cervical cancer in accordance with 1902(a)(10)(A)(ii)(XVIII)
of the Breast and Cervical Cancer Prevention and Treatment Act of 2000, Public
Law 106-354, and in accordance with section 10D of chapter 118E of the General
Laws; provided, that the division shall seek to obtain federal approval to limit
the provision of said benefits to women whose income, as determined by the division,
does not exceed 250 per cent of the federal poverty level; provided further,
that eligibility for such benefits shall be extended solely for the duration
of such cancerous condition; provided further, that prior to the provision of
any benefits covered by this item, said division shall require screening for
either breast or cervical cancer at the comprehensive breast and cervical cancer
early detection program operated by the department of public health, in accordance
with item 4570-1503 of section 2D; provided further, that the division shall
seek to obtain federal approval for the implementation of a cost sharing system,
including co-pays and sliding scale premiums for women whose annual income is
between 133 per cent and 250 per cent of the federal poverty level; provided
further, that funds shall only be expended and such program implemented, subject
to federal approval and the availability of federal financial participation;
and provided further, that all federal reimbursements received for expenditures
from this item pursuant to the provisions of Title XIX of the federal Social
Security Act shall be credited to the General Fund ...............................................
$2,784,551
4000-0880
For MassHealth benefits under clause (c) of subsection 2 of section 9A and section
16C of chapter 118E of the General Laws for children and adolescents whose family
incomes as determined by the division are above 150 per cent of the federal
poverty level; provided, that funds may be expended from this item for health
care services provided to the children and adolescents in prior fiscal years;
and provided further, that all federal reimbursements received for expenditures
from this item under the provisions of Title XXI of the Federal Social Security
Act shall be credited to the Children's and Seniors' Health Care Assistance
Fund .......................................................... $61,764,000
Children's and Seniors' Health Care Assistance Fund ................................... 100.00%
4000-0890
For the cost of health insurance premium subsidies paid to employees of small
businesses participating in the insurance reimbursement program pursuant to
the provisions of section 9C of chapter 118E of the General Laws; provided,
that all federal reimbursements received for expenditures from this item pursuant
to the provisions of Title XIX and Title XXI of the federal Social Security
Act shall be credited to the Children's and Seniors' Health Care Assistance
Fund; and provided further, that expenditures made for the purposes of this
item shall not exceed the amount appropriated herein $22,711,697 Children's
and Seniors' Health Care Assistance Fund ...........................................................
100.00%
4000-0891
For the cost of health insurance subsidies paid to employers participating in
the insurance reimbursement program under section 9C of chapter 118E of the
General Laws; provided, that the division shall directly market the program
to private human service providers that deliver human and social services under
contract with departments within the executive office of health and human services
and the executive office of elder affairs for the purpose of mitigating health
insurance costs to the employers and their employees; provided further, that
the division shall report monthly to the house and senate committees on ways
and means and the executive office of administration and finance monthly expenditure
data for the program, including the total number of employers participating
in the program, the percentage of the employers who purchased health insurance
for employees prior to participating in the program and total monthly expenditures
delineated by payments to small employers and self-employed persons for individual,
two-person family and family subsidies; provided further, that the division
shall seek federal reimbursement for the payments to employers; and provided
further, that any and all federal reimbursements received for expenditures from
this item, under Title XIX and Title XXI of the federal social security act,
shall be credited to the Children's and Seniors' Health Care Assistance Fund
........ $5,796,619
Children's and Seniors' Health Care Assistance Fund ............................ 100.00%
4000-1008
This item was reduced and language was striken by the
acting Governor
For nonrecurring payments to financially distressed hospitals; provided, that
the division shall collaborate with the division of health care finance and
policy and the department of public health to determine the methodology by which
to make said payments; provided further, that the division shall make said payments
in a manner designed to maximize federal financial participation and to achieve
the greatest possible gains in patient care and public health; provided further,
that the methodology for making said payments shall take into account such factors
as negative operating margins, insufficient cash flow and the likelihood of
closure or loss of critical community services in identifying financially distressed
hospitals; provided however, that the division shall give priority in the distribution
of funds from this item to those hospitals which, as of June 30, 2002, had less
than 30 days of cash to support all operating requirements and which had insufficient
cash available to remain open throughout hospital fiscal year 2003; provided
further, that not less than ten per cent of the funds appropriated herein shall
be granted to hospitals in the western region of the commonwealth that provide
child psychiatric inpatient services; provided further, that in order to
receive said payments, a hospital must comply with the following provisions:
(a) submit a business plan that details strategic steps to be taken over a three
year period to enhance the long-term viability of the hospital; (b) quantify
specific performance measures and provide the division with quarterly reports
on said measures; (c) submit quarterly financial statements to the division;
(d) document and submit fundraising initiatives and strategies to compliment
any nonrecurring payment received pursuant to this item; and (e) report to the
division, the department of public health, and the house and senate committees
on ways and means regarding strategies to avoid placing its emergency room on
diversion status, so-called; provided further, that said payments shall be completely
payable within state fiscal year 2003; provided further, that the division shall
file a report not later than January 1, 2003 with the house and senate committees
on ways and means detailing: (a) the methodology used to determine the payments;
(b) the amount projected to be paid to each such acute care hospital in state
fiscal year 2003; and (c) the projected impact of the payments on patient care
and the promotion of public health at each facility ......................... $15,000,000 $6,000,000
Tobacco Settlement Fund ................................................................ 100.00%
4000-1012
For non-recurring payments to financially distressed non-profit health care
providers, including nursing facilities and home health care providers; provided,
that the division shall collaborate with the division of health care finance
and policy and the department of public health to determine the methodology
by which to make said payments; provided further, that the division shall make
said payments in a manner designed to maximize federal financial participation
and to achieve the greatest possible gains in patient care and public health;
provided further, that the methodology for making said payments shall take into
account such factors as negative operating margins, insufficient cash flow and
the likelihood of closure or loss of critical community services in identifying
financially distressed providers; provided however, that the division shall
give priority in the distribution of funds from this item to those providers
which had insufficient cash available as of June 30, 2002 to remain in business
throughout state fiscal year 2003; provided further, that in order to receive
said payments, a provider must comply with the following provisions: (a) submit
a business plan that details strategic steps to be taken over a three-year period
to enhance the long-term financial viability of the provider; (b) quantify specific
performance measures and provide the division with quarterly reports on said
measures; (c) submit quarterly financial statements to the division; and (d)
document and submit fundraising initiatives and strategies to compliment any
non-recurring payment received pursuant to this item; provided further, that
said payments shall be completely payable within state fiscal year 2003; and
provided further, that the division shall file a report not later than January
1, 2003 with the house and senate committees on ways and means detailing: (a)
the methodology used to determine the payments; (b) the amount projected to
be paid to each such provider in state fiscal year 2003; and (c) the projected
impact of the payments on the patient care systems supported by each provider
.......... $3,500,000
Tobacco Settlement Fund .......................................................................... 100.00%
4000-1013
For a one-time rate enhancement for services provided in non-hospital settings
by individuals licensed pursuant to section 2 of chapter 112 of the General
Laws ..............................................................................................
$5,000,000
Tobacco Settlement Fund ..................................................................... 100.00%
4000-1400
For the purposes of providing MassHealth benefits to persons with a diagnosis
of human immuno-deficiency 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 ...............................................................
$10,380,401
Tobacco Settlement Fund ............................................................ 100.00%
Division of Health Care Finance and Policy.
4100-0060
Language was struck out by the acting Governor
For the operation of the division and the administration of the uncompensated
care pool established pursuant to chapter 118G of the General Laws; provided,
that notwithstanding the provisions of any general or special law to the contrary,
the assessment to acute hospitals authorized pursuant to section 5 of said chapter
118G for the estimated expenses of the division shall include in fiscal year
2003, 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 2003 from: (1) filing fees; (2) fees and charges
generated by the division's publication or dissemination of reports and information;
and (3) federal financial participation received as reimbursement for the division's
administrative costs; provided further, that said assessed amount shall be not
less than 65 per cent of the division's expenses as specified herein; provided
further, that the division shall promulgate regulations requiring all hospitals
receiving payments from the uncompensated care pool to report to the division
the following utilization information: the number of inpatient admissions and
outpatient visits by age category, income category, diagnostic category and
average charge per admission; provided further, that the division shall submit
quarterly to the house and senate committees on ways and means a summary report
compiling said data; provided further, that the division, in consultation with
the division of medical assistance, 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 the division shall share financial data and expertise
about the Massachusetts health care industry with the Massachusetts institute
for social and economic research for the purpose of enhancing, developing and
marketing data products for the public; provided further, that the division
and the institute shall share any revenue generated through sale, licensure,
royalty and usage fees charged for said data products; provided further, that
not later than October 24, 2002, the division shall submit to the comptroller
and to the house and senate committees on ways and means a report describing
the method by which the division shall generate revenues through said sale,
licensure, royalty, and usage fees in an amount sufficient to meet 25 per cent
of the projected costs of the division in any fiscal year, as required by section
612 of chapter 151 of the acts of 1996; provided further, that funds shall 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 division and the division of medical
assistance on the uninsured, the underinsured, and the role of employers in
assisting their employees in affording health insurance pursuant to section
23 of chapter 118G of the General Laws; provided further, that for hospital
fiscal year 2003, the private sector liability of purchasers and third party
payers to the Uncompensated Care Trust Fund established pursuant to section
18 of chapter 118G of the General Laws shall be $270,000,000; provided further,
that for state fiscal year 2003, notwithstanding the provisions of any general
or special law to the contrary, $45,000,000 generated by federal financial participation made available under Title XIX of the federal Social Security Act to reimburse
the costs of said trust fund for disproportionate share hospitals shall be deposited
into said trust fund; 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 said division shall
submit to the house and senate committees on ways and means not later than December
6, 2002 a report detailing utilization of the uncompensated care pool; provided
further, that said report shall include: (1) the number of persons in the commonwealth
whose medical expenses were billed to said pool in fiscal year 2002; (2) the
total dollar amount billed to said pool in fiscal year 2002; (3) the demographics
of the population using said pool, and; (4) the types of services paid for out
of said pool funds in fiscal year 2002; provided further, that the division
shall include in said report an analysis on hospitals' responsiveness to enrolling
eligible individuals into the MassHealth program, so-called, upon the date of
service rather than charging said individuals to the uncompensated care pool;
provided further, that said division shall include in said report possible disincentives
the state could provide to hospitals to discourage such behavior; provided further,
that notwithstanding the provisions of any general or special law or rule or
regulation to the contrary, said division shall not allow any exceptions to
the usual and customary charge defining rule, so called, as defined in 114.3
CMR 31.02, for the purposes of drug cost reimbursement to eligible pharmacy
providers for publicly aided and industrial accident patients; provided further,
that said division shall notify the house and senate committees on ways and
means within ten days of the completion of the required public notification
period necessary to implement the provisions of this item; provided further,
that notwithstanding the provisions of any general or special law, rule or regulation,
the division, for the purposes of drug cost reimbursement to eligible pharmacy
providers for publicly aided and industrial accident patients, shall define
the estimated acquisition cost for a single source brand name drug, so-called,
and for a multiple source generic drug, so-called, as the wholesale acquisition
cost minus 2 per cent for both legend and non-legend drugs; provided further,
that all terms used in this item are as defined in 114 CMR 31.02 except that
for the purposes of this section only, the term eligible pharmacy providers
shall not include those pharmacies that serve publicly aided long-term care
patients in facilities licensed by the department of public health pursuant
to section 71 of chapter 111 of the General Laws; provided further, that
the commissioner shall hold a public hearing in order to hear testimony from
members of the public on the changes to the estimated acquisition cost; provided
further, that the commissioner shall consider whether the estimated acquisition
cost is adequate to provide payment for pharmacy services that is consistent
with efficiency, economy, and quality of care; provided further, that the commissioner
shall also consider whether the estimated acquisition cost is sufficient to
enlist enough pharmacy providers so that pharmacy services are available to
program recipients statewide and in each county at least to the same extent,
as those services are available to the general population of the commonwealth;
provided further, that the commissioner shall also review the estimated wholesale
acquisition cost to determine if the wholesale acquisition cost compromises
the access to pharmacy services for covered patients; provided further, that
not later than 120 days following the public hearing, the division shall publish
the results of its findings and the division may establish, as the result of
the findings, and pursuant to chapter 118E of the General Laws, a new estimated
acquisition cost that is in the best interests of the program recipients; provided
further, that the division shall expend no less than $200,000 for the purposes
of conducting audits of wage increases and related employee costs for certified
nurses' aides as expended pursuant to 114.CMR 6.00 et seq.; provided, that the
division, in coordination with the division of medical assistance, shall recoup
150 per cent of any funds expended for a purpose other than increasing the base
hourly wages and related payroll taxes in violation of the regulations; provided
further, that monies recouped from a nursing facility that has been determined
by the division to have spent funds in violation of the regulations shall be
allocated to the certified nurses' aides employed by the nursing facility found
to be in violation of this item; provided further, that the division shall require
that nursing facilities found to be in violation will be required to notify
and pay out 150 per cent of the underpayments to certified nurses' aides for
the calendar year of the underpayment based on total hours worked for the entire
calendar year; provided further, that the notice and payment shall be made within
one month from notification of the underpayment; provided further that the division
shall also require that nursing facilities document to the division that such
funds were received by certified nurses' aides; provided further, that such
expenditure of funds shall be subject to audit; and provided further that the
division shall submit to the house and senate committees on ways and means and
the joint committee on health care no later than December 1, 2002, a preliminary
analysis of nursing facility spending for the calendar year 2002 based upon
a mid-year review of nursing home data and shall report on the certified nurses
aides' audits for the calendar year 2002 by August 1, 2003 on the amounts recouped;
and provided further, that said division shall notify the house and senate committees
on ways and means within ten business days after the completion of the required
public notification period necessary to implement the provisions of this item
........................................... $10,084,422
4100-0068
Overridden by the Legislature
For the purpose of awarding one-time grants in fiscal year 2003 to qualifying
community health centers located in communities with demonstrated significant
barriers to care or serving patients with unusually high acuity, notwithstanding
the provisions of any general or special law to the contrary; provided, that
criteria established by the division for the award of such grants shall be based
on barriers to care in a community including, but not limited to, language,
ethnicity, race, insurance status and patient acuity factors; provided further,
that such factors shall include multi-system failures, psycho-social needs,
endemic incidence of substance abuse and nutritional and dietary deficiencies
underlying the disease process; provided further, that such grants shall be
awarded consistent with the recommendations of an advisory council consisting
of the commissioner of the division of health care finance and policy, the commissioner
of medical assistance, the commissioner of public health, the executive director
of the Massachusetts League of Community Health Centers, the executive director
of Health Care for All, and the secretary of health and human services, who
shall chair the advisory group, or the designees of any such member thereof;
provided further, that said advisory group shall recommend to the division not
later than September 1, 2002 the most efficacious means of awarding such grants;
provided further, that all grants shall be awarded no later than six months
after the effective date of this act; provided further, that not more than $100,000
shall be expended for a program of technical assistance to applicants for and
recipients of said grants by a state primary care association qualified under
section 330(f)(1) of the United States Public Health Service Act 42 USC 254C(f);
provided further that such grants shall be awarded within six months of the
effective date of this act; provided further, that the commissioner of health care finance and policy shall submit a report to the secretary of health and
human services and the house and senate committees on ways and means at least
30 days prior to any grants being awarded, including, a listing of facilities
that applied for grants, the methodology used to determine the disbursement
of grants, the amount projected to be paid to each community health center,
and the projected impact of said grants on patient care and the promotion of
public health at each facility; and provided further, that all grants shall
be distributed no later than 6 months after the effective date of this act ................................................................................................
$5,000,000
Tobacco Settlement Fund ................................................................. 100.00%
Massachusetts Commission for the Blind.
4110-0001
For the office of the commissioner and the bureau of research; provided, that
amounts appropriated to the commission in fiscal year 2003 that extend or expand
services beyond the level of services provided in fiscal year 2002 shall not
annualize above the amounts in fiscal year 2004 ......................................................................
$976,000
4110-1000
This item was reduced and language was striken by the
acting Governor Overridden by the Legislature
For the community services program; provided, that not less than $350,000 shall
be expended from this item for the deaf-blind community access network; provided
further, that not less than $500,000 shall be expended for the talking information
center; provided further, that not less than $10,000 shall be expended for the
Audible Local Ledger of Falmouth; provided further, that the Massachusetts commission
for the blind shall work in collaboration with the Massachusetts commission
for the deaf and hard of hearing to provide assistance and services to the deaf-blind
community through the deaf-blind community access network; provided further,
that the commissioner may transfer an amount not to exceed $400,000 from this
item to item 4110-2000; and provided further, that 30 days prior to any such
transfer, the commissioner shall submit an allocation plan, which shall detail
by subsidiary the distribution of the funds, to the house and senate committees
on ways and means...........................................................
$3,768,186
4110-1010
For aid to the adult blind; provided, that funds may be expended from this item
for burial expenses incurred in the prior fiscal year ..........................................................................................................................................
$8,351,643
4110-1020
For eligibility determination for the medical assistance program for the blind;
provided, that the commission shall work with the division of medical assistance,
the department of mental retardation and other state agencies to maximize federal
reimbursement for clients so determined through this item including, but not
limited to, reimbursement for home and community-based waiver clients .................................................................................................
$313,979
4110-2000
For the turning 22 program of the commission; provided, that nothing stated
herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to the services funded
herein; provided further, that the commission shall work in conjunction with
the department of mental retardation to secure the maximum amount of federal
reimbursements available for the care of turning 22 clients; and provided further,
that the commission shall work in conjunction with the department of mental
retardation to secure similar rates for contracted residential
services ................................................................$7,744,790
4110-2001
For services to clients of the department who turn 22 years of age during state
fiscal year 2003; provided, that the amount appropriated herein shall not annualize
to more than $280,000 in fiscal year 2004; provided further, that nothing stated
herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to the services funded
herein; provided further, that the commission shall work in conjunction with
the department of mental retardation to secure the maximum amount of federal
reimbursements available for the care of turning 22 clients; and provided further,
that the commission shall work in conjunction with the department of mental
retardation to secure similar rates for contracted residential services ........................................................
$165,000
4110-3010
For a program of vocational rehabilitation for the blind in cooperation with
the federal government; provided, that no funds from the federal vocational
rehabilitation grants or state appropriation shall be deducted for pensions,
group health and life insurance, or any other such indirect cost of federally
reimbursed state employees ....................... $2,622,740
4110-4000
For the administration of the Ferguson Industries for the blind; provided, that
retired workshop employees shall receive grants equal to three-fourths of the
salaries of current workshop employees; and provided further, that any funds
received for goods and services purchased by private and public sector entities
at Ferguson Industries shall be remitted to the General Fund ..........................................................$1,873,740
Massachusetts Rehabilitation Commission.
4120-1000
For 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 upon the written request
of the commissioner of the department 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; 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; and provided further,
that amounts appropriated in items of the department that extend or expand services
beyond the level of services provided in fiscal year 2002 shall not annualize
above the amounts in fiscal year 2004 ..........................................................................................
$421,311
4120-2000
This item was reduced by the acting Governor
For vocational rehabilitation services operated in cooperation with the federal
government; provided, that no funds from the federal vocational rehabilitation
grant or state appropriation shall be deducted for pensions, group health and
life insurance and any other such indirect cost of the federally reimbursed
state employees ............... $8,179,277 $7,672,261
4120-3000
This item was reduced by the acting Governor
For employment assistance services; provided, that vocational evaluation and
employment services for severely physically disabled adults may, subject to
appropriation, be provided; and provided further, that not less than $305,000
shall be expended for the Charlestown Navy Yard Special Project for physically
disabled adults ....... $8,515,954 $8,148,927
4120-4000
This item was reduced and language was striken by the
acting Governor
For independent living assistance services; provided, that $20,000 shall
be expended for Living Independently for Equality, Inc. of Brockton; provided
further, that not more than $858,000 shall be expended for assistive technology
devices and training for individuals with severe disabilities; and provided
further, that $200,000 shall be obligated for the SHARE Foundation at the University
of Massachusetts .................................................... $7,795,212 $7,429,239
4120-4001
For the housing registry for the disabled .....................................................................................
$93,060
4120-4010
For services to clients of the department who turn 22 years of age during fiscal
year 2003; provided, that the amount appropriated herein shall not annualize
to more than $950,000 in fiscal year 2004; and provided further, that nothing
stated herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to the services funded
herein ......................................................................................................
$513,760
4120-5000
For homemaking services ..........................................................................................................
$4,744,767
4120-5050
Notwithstanding any general or special law to the contrary, the Massachusetts
rehabilitation commission may expend an amount not to exceed $2,000,000 for
expanded independent living and employment services from federal reimbursements
received for services provided by the commission; provided, that for the purpose
of accommodating discrepancies between the receipt of retained revenue and related
expenditures, the department may incur expenses and the comptroller may certify
for payments amounts not to exceed the lower of this authorization or the most
recent revenue estimate reported in the state accounting system; and provided
further, that the commission shall submit a report to the house and senate committees
on ways and means not later than February 3, 2003, detailing the use of any
funds encumbered or expended from this item, including, but not limited to,
the number of clients served, the types of services purchased and the annualized
impact of the expenditures in the subsequent fiscal year ..................................................
$2,000,000
4120-6000
This item was reduced and language was striken by the
acting Governor
For head injured services; provided, that the commission shall work with the
division of medical assistance to maximize federal reimbursement for clients
receiving head injured services; and provided further, that not less than
$50,000 shall be expended for the Cape Cod head injury program ........................................................... $6,704,692 $6,654,692
General Fund ............................................................................ 84.97%
Head Injury Treatment Services Fund ........................................ 15.03%
4120-6001
For the additional expenses of providing head injured services; provided, that
the commission may expend funds to provide recurring residential services on
a 24-hour basis to persons with severe head injuries in western Massachusetts;
provided further, that the remaining funds shall not be used to supplant existing
services provided under item 4120-6000; provided further, that all unexpended
funds from this item shall revert to the Head Injury Treatment Services Trust
Fund; provided further, that the commission shall perform outreach and provide
information to the courts of the commonwealth regarding services provided through
this item and the various revenue sources which fund the Head Injury Treatment
Services Trust Fund; and provided further, that the commission shall report
quarterly to the house and senate committees on ways and means and the secretary
of administration and finance on the balance of the Head Injury Treatment Services
Trust Fund and on the balance of the fund from the corresponding quarter of
the prior fiscal year ............ $1,800,000
Head Injury Treatment Services Fund ................................................... 100.00%
4120-6002
The commission may expend an amount not to exceed $5,000,000 from fees collected
under section 20 of chapter 90 of the General Laws for rehabilitation services
for head injured persons; provided, that the commission shall report to the
house and senate committees on ways and means not later than January 31, 2003,
detailing the use of any funds encumbered or expended from this item, including,
but not limited to, the number of clients served, the types of services purchased
and the annualized impact of the expenditures in the subsequent fiscal years;
provided further, that all unexpended funds from this item shall revert to the
Head Injury Treatment Services Trust Fund; and provided further, that funds
appropriated herein shall not be used to supplant existing services provided
under item 4120-6000 ...... $5,000,000
Head Injury Treatment Services Fund ............................................................ 100.00%
Massachusetts Commission for the Deaf and Hard of Hearing.
4125-0100
For the operation of and services provided by the Massachusetts commission for
the deaf and hard of
hearing $5,177,437
4125-0101
Notwithstanding any general or special law to the contrary, the Massachusetts
commission for the deaf and hard of hearing may expend revenues in an amount
not to exceed $175,000 from charges received on behalf of interpreter services
and monies received from private grants, bequests, gifts or contributions; provided,
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 payments amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state accounting
system ................................................ $175,000
Office of Child Care Services.
4130-0001
For the administration of the office of child care services; provided, that
the office shall issue monthly reports detailing the number and average cost
of voucher and contracted child care slots funded from items 4130-3050, 4130-3500
and 4130-3600 by category of eligibility; provided further, that the report
shall include the number of recipients subject to subsection (f) of section
110 of chapter 5 of the acts of 1995 funded under item 4130-3050 that qualify
for federal funding through the transitional aid to needy families fund; provided
further, that the office shall report quarterly to 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 child care; provided
further, that the office shall administer the child care resource and referral
system; provided further, that nothing contained herein shall be construed as
limiting the office's authority to issue variances or grant licenses or certificates
on a probationary basis as provided in 102 CMR 8.00 as in effect on May 28,
1993; provided further, that notwithstanding any general or special law to the
contrary, the office shall perform post-audit reviews on a representative sample
of the income eligibility determinations performed by vendors receiving funds
from item 4130-3050; provided further, that the office shall report quarterly
to the house and senate committees on ways and means and secretary of administration
and finance on the error rate, if any, in income-eligibility determinations
calculated by the post audit reviews; and provided further, that no funds from
this item shall be expended for the DD subsidiary costs of the Children's Trust
Fund ......................................................$1,923,050
4130-0002
For the administration of the Children's Trust Fund .....................................................................
$922,371
4130-0005
For field operations licensing; provided, that no funds from this item shall
be expended for family support services; and provided further, that no funds
from this item shall be expended for the DD subsidiary costs, so-called, of
the Children's Trust Fund .........................................................................................................................................
$7,037,387
4130-1000
This item was reduced by the acting Governor
For statewide neonatal and postnatal home parenting education and home visiting
programs for at-risk newborns to be administered by the Children's Trust Fund;
provided, that such services shall be made available statewide to all parents
under the age of 21 years within the amount appropriated herein ..................................... $19,121,630 $17,121,630
4130-2998
Language was struck out by the acting Governor
For one-time child care quality expenditures; provided, that not less than $1,402,109
shall be expended for activities to increase the supply of quality child care
for infants and toddlers; provided further, that not less than $248,603 shall
be expended for resource and referral and school-age child care activities;
provided further, that no funds from this item shall be used to fund capital
assets or equipment for for-profit providers or agencies; provided further,
that the office of child care services jointly with the department of education,
the advisory committee to the office of child care services, the state advisory
council in early care and education to the department of education, the Early
Intervention Interagency Coordinating Council, the advisory council to the state
Head Start coordinator, the state board of higher education, and other relevant
parties identified by the named participants shall jointly prepare a proposal
for the establishment of a career ladder program consisting of a comprehensive
professional career path linking education, training and experience toward the
achievement of early care and education or school age child care certifications,
associate's, bachelor's or postgraduate degrees, directly correlated with compensation
guidelines; provided further, that the proposal shall include an evaluation
of the costs to the commonwealth and child care providers of implementing the
career ladder program; provided further, that the proposal shall include an
evaluation and assessment of potential incentives, including the feasibility
and desirability of implementing the potential incentives, for child care providers
to seek and receive national accreditation appropriate to individual programs
within five years; provided further, that the report shall be submitted to the
house and senate committees on ways and means within 90 days of the passage
of this act; provided further, that the commissioner of child care services
shall submit written certification to the secretary of administration and finance
and the house and senate committees on ways and means that all planned expenditures
and allocations from this item shall have no fiscal impact beyond fiscal year
2003; and provided further, that no funds may be expended, obligated or transferred
from this item prior to the submission of this
certification ........ $4,178,312
Child Care Fund ................................................................................... 100.00%
4130-3050
For child care vouchers and contracted child care programs for low-income families;
provided further, that the employment services child care program for recipients
of transitional and supplemental transitional aid to families with dependent
children and the absent parents of the recipients, former recipients of the
program who are working for up to 1 year after termination of benefits, former
recipients of the program participating in education or training programs authorized
by department of transitional assistance regulations, and parents under the
age of eighteen currently enrolled in a job training program who would qualify
for benefits under provisions of chapter 118 of the General Laws but for the
deeming of grandparents' income shall be funded from this item; provided further,
that post-transitional child care vouchers for former recipients of transitional
aid to families with dependent children who have been working for more than
1 year after termination of program benefits shall be funded from this item;
provided further, that income-eligible child care programs shall be funded from
this item; provided further, that not fewer than 500 child care slots shall
be reserved for children in the foster care program at the department of social
services; provided further, that child care for the children of teen parents
receiving transitional aid to families with dependent children benefits, teen
parents receiving supplemental security income payments and whose dependent
children receive the aid, and teen parents at risk of becoming eligible for
transitional aid to families with dependent children benefits shall be paid
from this item; provided further, that all teens eligible for year-round full-time
child care services shall be participating in school, education, work and training-related
activities or a combination thereof for at least the minimum number of hours
required by regulations promulgated for the program of transitional aid, whether
or not such teens are recipients of benefits from the program; provided further,
that informal child care benefits shall be funded from this item; provided further,
that not more than $2.00 per child per hour shall be paid for such services;
provided further, that child care slots funded from this item shall be distributed
geographically in a manner that provides fair and adequate access to child care
for all eligible individuals; and provided further, that all child care providers
that are part of a public school system shall be required to accept child care
vouchers from recipients funded through this appropriation .........................................................
$285,903,524
Child Care Fund ..................................................................................... 48.72%
Transitional Aid to Needy Families ......................................................... 32.31%
General Fund ......................................................................................... 18.97%
4130-3100
For the regional administration of child care programs and related child care
activities; provided, that the activities shall include, but not be limited
to, voucher management, child care provider training, resource and referral
for children with disabilities in child care programs, community-based programs
that provide direct services to parents, and coordination of waiting lists for
state-subsidized child care; and provided further, that no funds shall be expended
from this item for AA subsidiary payroll expenses, so-called .........................................................................
$12,243,732
Child Care Fund ................................................................................... 100.00%
4130-3500
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For the provision of trial court child care services; provided, that $106,902
shall be expended for child care services in the Roxbury trial court; provided
further, that $128,166 shall be expended for child care services in the Springfield
trial court; provided further, that $81,861 shall be expended for child care
services in the West Roxbury trial court; provided further, that $214,502 shall
be expended for child care services in the Middlesex trial court; provided further,
that $146,688 shall be expended for child care at the Dorchester district court;
provided further, that $146,688 shall be expended for trial court child care
in Lawrence; provided further, that $209,525 shall be expended for child care
at the Suffolk county court complex; provided further, that not less than $146,688
shall be expended for child care services in the Fall River trial court; provided
further, that $167,550 shall be expended for child care services in the Chelsea
trial court; and provided further, that $251,430 shall be expended for child
care services in the Brockton trial court (provided,
that $17,817 shall be expended for child care services in the Roxbury trial
court; provided further, that $21,361 shall be expended for child care services
in the Springfield trial court; provided further, that $13,643 shall be expended
for child care services in the West Roxbury trial court; provided frther, that
$35,750 shall be expended for child care services in the Middlesex trial court;
provided further, that $24,448 shall be expended for child care at the Dorchester
district court;; provided further, that not less than $24,448 shall be expended
for trial court child care in Lawrence; provided further, that $34,920 shall
be expended for child care at the Suffolk county court complex; provided further,
that not less than $24,448 shall be expended for child care services in the
Fall River trial court; provided further, that $27,925 shall be expended for
child care services in the Chelsea trial court; and provided further, that $41,905
shall be expended for child care services in the Brockton trial court)............ $1,600,000 $266,665
Child Care Fund ............................................................................... 100.00%
4130-3600
For supportive child care associated with the family stabilization program;
provided, that funds from this item shall only be expended for child care costs
of children with active cases at the department of social services ..........$50,344,206
Child Care Fund ....................................................................................... 80.18%
General Fund ........................................................................................... 18.84%
Social Services Fund ................................................................................. 0.98%
Soldiers' Home in Massachusetts.
4180-0100
For the maintenance and operation of the Soldiers' Home in Massachusetts located
in the city of Chelsea, including a specialized unit for the treatment of Alzheimer's
disease patients; provided, that not less than $31,000 shall be expended for
the purposes of providing psychiatric services to the residents and patients
at the soldiers' home; and provided further, that graduates from the LPN school
of nursing shall be required to work in state operated facilities for a minimum
duration of one year ..........................................................................................................................................
$22,442,947
4180-1100
The Soldiers' Home in Massachusetts located in the city of Chelsea may expend
revenues up to a maximum of $207,000 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
said license plates, shall be deposited into and for the purposes of this retained
revenue account of the Soldiers' Home in Massachusetts located in the city of
Chelsea; 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
in Massachusetts located in the city of Chelsea 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 ............................ $207,000
Soldiers' Home in Holyoke.
4190-0100
For the maintenance and operation of the Soldiers' Home in Holyoke including
the adult day care program; provided, that in the operation of the outpatient
pharmacy, the Soldiers' Home shall cover the cost of drugs prescribed at said
Soldiers' Home, excluding the required co-payment, only when the veteran has
no access to other drug insurance coverage, including coverage through the program
authorized by section 39 of chapter 19A of the General Laws; provided further,
that not less than $111,280 shall be expended to maintain dental clinic hours
at 40 hours per week; and provided further, upon receipt of federal reimbursement
funds for state-funded capital projects, said Soldiers' Home may expend not
more than $3,600,000 for the costs of asbestos removal and air conditioning
installation ................................... $16,470,087
4190-0102
The Soldiers' Home in Holyoke may expend for the outpatient pharmacy program
an amount not to exceed $225,000 from co-payments which it is hereby authorized
to charge to users of said program; provided, that the rates of said co-payments
and the procedures for the administration thereof shall annually be determined
by the superintendent of said soldiers' home and approved by the secretary of
health and human services; provided further, that no funds appropriated herein
shall be expended until said superintendent has submitted a report to said secretary
and the house and senate committees on ways and means detailing projected expenditures
for fiscal years 2003 and 2004 and any and all assumptions used to project outpatient
pharmacy spending for the outpatient pharmacy program from this item and item
4190-0100 by September 1, 2002; provided further, that said superintendent shall
submit a report to said secretary and the house and senate committees on ways
and means that shall include demographic information on said outpatient pharmacy
users, including age and insurance status; provided further, that said report
shall include utilization information for the outpatient pharmacy including
the number of generic prescriptions filled, the number of brand name prescriptions
filled, the number of 30-day supplies of generic drugs dispensed, the number
of 30-day supplies of brand name drugs dispensed, and a description of said
solders' home's drug utilization review program for the first two quarters of
fiscal year 2003; provided further, that said report shall be submitted not
later than January 15, 2003; 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,
said soldiers' home may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate as reported in the state accounting system ........ $225,000
4190-1100
The Soldiers' Home in Holyoke may expend revenues up to a maximum of $163,000
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 in Holyoke; 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, said Soldiers'
Home in Holyoke 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
.......... $163,000
4190-1101
The Soldiers' Home in Holyoke may expend revenues up to a maximum of $447,125
from resident fees for long-term care beds and domiciliary beds; provided that
the only revenue available for expenditure in this item shall be amounts collected
for fiscal year 2003 from said resident fees ......................................................................................
$447,125
Department of Youth Services.
4200-0010
For the administration of the department of youth services; provided, that the
department shall submit a report to the house and senate committees on ways
and means not later than February 1, 2003, detailing the caseload for all department
programs funded in items 4200-0100, 4200-0200 and 4200-0300; provided further,
that the commissioner of youth services, in conjunction with the department
of education, shall submit a report to the house and senate committees on ways
and means not later than February 1, 2003 on the status of educational resources
at the department of youth services; provided further, that the report shall
review teacher retention, salary comparisons within the department and to statewide
averages and related impact on the quality of educational services provided
to youths in the custody of the department; and provided further, that the report
shall include recommendations for the improvement of educational resources and
costs associated with the improvements .......................................................
$4,851,260
4200-0100
For supervision, counseling and other community-based services provided to committed
youths in non-residential care programs of the department; provided, that the
commissioner may transfer up to 7 per cent of the amount appropriated herein
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 ............ $19,118,628
4200-0200
For pre-trial detention programs, including purchase-of-service and state-operated
programs; provided, that the commissioner may transfer up to 7 per cent of the
amount appropriated herein to items 4200-0100 and 4200-0300; and provided further,
that 30 days before any transfer is made, the commissioner shall file with the
secretary of administration and finance and the house and senate committees
on ways and means a plan showing the amounts to be transferred and the reason
for the proposed transfer ........................................................................................
$16,998,617
4200-0300
For secure facilities, including purchase-of-service and state-operated programs incidental to the operations of the facilities; provided, that not less than $250,000 be expended for "non-contracted services" located within the commonwealth; provided, that the commissioner may transfer up to 5 per cent of the amount appropriated herein 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 .................................. $77,301,413
Department of Transitional Assistance.
4400-1000
Language was struck out by the acting Governor
For the central administration of the department, including the development
and maintenance of automated data processing systems and services in support
of department operations, and for the administration of department programs
in local transitional assistance offices, including the expenses of operating
a food stamp program; provided, that during fiscal year 2003 the department
shall maintain 2 transitional assistance offices in the city of Springfield;
provided further, that all costs associated with verifying disability for all
programs of the department shall be paid from this item; provided further, that
the department shall submit on a monthly basis to the house and senate committees
on ways and means and the secretary of administration and finance a status report
on program expenditures, savings and revenues, error rate measurements, public
assistance caseloads and benefits; provided further, that the report shall comprehensively
track statewide use of the emergency assistance program by eligibility category
including, but not limited to, caseload, average length of use or stay and monthly
expenditures; provided further, that the department shall collect all out-of-court
settlement restitution payments; provided further, that the restitution payments
shall include, but not be limited to, installment and lump sum payments; provided
further, that the department shall file quarterly reports with the house and
senate committees on ways and means detailing the total amount of fraudulently
obtained benefits identified by the bureau of special investigations of the
office of the state auditor, the total value of settlement restitution payments,
actual monthly collections, and any circumstances that produce shortfalls in
collections; provided further, that the department shall deposit revenues
associated with fraudulently obtained benefits identified by the bureau of special
investigations in a separate revenue source established on the Massachusetts
management accounting and reporting system; provided further, that notwithstanding
any general or special law to the contrary, unless otherwise expressly provided,
federal reimbursements, other than transitional aid to needy families funds,
received for the purposes of the department, including reimbursements for administrative,
fringe and overhead costs, for the current fiscal year and prior fiscal years,
shall be credited to the General Fund; provided further, that under 21 U.S.C.
section 862a(d)(1), the department shall exempt individuals from the eligibility
restrictions of 21 U.S.C. section 862a, except that individuals incarcerated
for a conviction which would otherwise be disqualifying under 21 U.S.C. section
862a(a) shall not be eligible for cash assistance funded through item 4403-2000
during the first 12 months after release from a correctional institution unless
the individual qualifies for an exemption under subsection (e) of section 110
of chapter 5 of the acts of 1995 or a domestic violence waiver; provided further,
that an application for assistance under chapter 118 of the General Laws shall
be deemed an application for assistance under chapter 118E; provided further,
that if assistance under chapter 118 is denied, the application shall be transmitted
by the department to the division of medical assistance for a determination
of eligibility under chapter 118E; provided further, that the department
shall promptly review all written program applications, notices and forms it
sends to applicants and recipients; provided further, that the revised notices
and forms shall be drawn in concise and readily understandable language such
that it may require no reading skills beyond the third-grade level; provided
further, that any notices denying, reducing or terminating benefits shall specify
the precise reason for ineligibility and shall include a listing of any specific
documents the applicant or recipient must provide, the alternate documents that
are acceptable and the time frame for providing documents to avoid an interruption
in ongoing benefits; provided further, that the department shall provide copies
of revised standard applications and notifications to the house and senate committees
on ways and means not later than January 18, 2003; provided further, that
the department shall continue policies to increase participation in the food
stamp program; provided further, that the food stamp application shall be the
shortest and simplest necessary to achieve its purpose; provided further,
that the application shall be drawn in concise and readily understandable language,
such that its completion may require no reading skills beyond the third-grade
level; provided further, that the department shall report to the house and senate
committees on ways and means not later than December 15, 2002 on the rationale
for each of the questions on the food stamp application, including an explanation
of how each question is consistent with making the application the shortest
and simplest necessary to achieve its purpose; provided further, that the
department shall, to the extent feasible within the appropriation provided,
provide for extended office hours; provided further, that the department shall
accomplish the staffing of these extended office hours to the maximum extent
possible through the use of flex-time that will allow workers to modify their
working hours to accommodate their specific personal and family needs; provided
further, that the department shall, to the extent feasible within the appropriation
provided, continue and expand the program of placing workers at community and
human service organizations for the purposes of facilitating food stamp applications
and re-determinations; and provided further, that the department shall report
to the house and senate committees on ways and means not later than December
15, 2002 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 ................... $121,411,848
General Fund ................................................................................................. 83.00%
Transitional Aid to Needy Families Fund .......................................................... 17.00%
4400-1025
For domestic violence specialists at local area offices .................................................................
$547,975
4401-1000
This item was reduced and language was striken by the
acting Governor
For a program to provide employment and training services for recipients of
benefits provided under the program of transitional aid to families with dependent
children; provided, that certain parents who have not yet reached the age of
18 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 allowed to participate in the employment services program; provided further,
that funds from this item may be expended on former recipients of the program
for up to one year after termination of their benefits due to employment or
subsection (f) of section 110 of chapter 5 of the acts of 1995; provided
further, that the department shall place recipients in appropriate services
most effective in ensuring productive employment and supporting self-sufficiency;
provided further, that funds from this item may be expended for employment and
training courses, pre-employment skills training and education programs, re-employment
services, job search assistance, vocational training services, job retention
services, structured subsidized employment services, adult basic education,
graduate equivalency degree courses, English as a second language courses and
training programs for persons with limited English proficiency, and emergency
work-related expenses for recipients, including emergency transportation costs;
provided further, that the department shall inform all recipients and applicants
of the full range of programs available under this program; provided further,
that funds may be allocated from this item to other agencies for the purposes
of this program; provided further, that not less than $15,000,000 shall be expended
for substantive pre-employment education and training programs designed to remove
barriers to productive employment; provided further, that $2,000,000 shall be
expended for young parent programs; provided further, that within 90 days of
a recipient without a high school degree or a graduate equivalency degree or
proficiency in English who is subject to subsection (f) of section 110 of chapter
5 of the acts of 1995, becoming eligible for benefits, the department may offer
to the recipient a skills assessment to identify barriers to employment; provided
further that the assessment shall be conducted by an appropriate and qualified
entity selected by the department under a request for proposals; provided further,
that the skills assessment shall identify barriers to employment, including,
but not limited to, low reading or math levels, limited English proficiency,
lack of job skills or work history, disabilities, child health and behavioral
problems, domestic violence or housing instability; provided further, that the
screening, assessment and referral process shall include assistance to recipients
to access existing services, programs, and protections in response to the results
of the assessment of the respective recipient, including but not limited to,
referrals for testing or evaluation, career guidance, education and training
programs, and exemptions under subsection (e) of said section 110 of said chapter
5; provided further, that notwithstanding any general or special law to the
contrary, in determining whether a recipient should be granted an extension
of time-limited benefits under subsection (f) of said section 110 of said chapter
5, the department may consider whether a recipient needs a reasonable amount
of time to complete a recognized education or training program; provided
further, that the department of transitional assistance shall report monthly
to the house and senate committees on ways and means on continued efforts to
improve the efficacy of employment and training services for recipients under
the program of transitional aid to families with dependent children; provided
further, that the report shall include the number of recipients served by each
program, costs of services provided, and outcomes data including number of participants
employed and, salaries, and benefit information; and provided further, that
nothing herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or in enforceable entitlement to services ........ $30,000,000 $28,000,000
General Fund ........................................................................................... 10.00%
Transitional Aid to Needy Families Fund ................................................... 90.00%
4403-2000
This item was reduced and language was striken by the
acting Governor
For a program of transitional aid to families with dependent children; provided,
that notwithstanding any general or special law to the contrary, benefits under
the program of transitional aid to families with dependent children shall be
paid only to citizens of the United States and to non-citizens for whom federal
funds may be used to provide benefits; provided further, that notwithstanding
any general or special law, or any provisions of this act to the contrary, no
benefits under this item shall be made available to illegal or undocumented
aliens; provided further, that the need standard shall be equal to the standard
in effect in fiscal year 2002; provided further, that the payment standard shall
be equal to the need standard; provided further, that the payment standard for
families who do not qualify for an exempt category of assistance under the provisions
of subsection (e) of section 110 of chapter 5 of the acts of 1995 shall be 2
3/4 per cent below the otherwise applicable payment standard, in fiscal year
2003, pursuant to the provisions of the state plan required under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996; provided further,
that the department shall notify all teen parents receiving benefits from the
program of the requirements found in clause (2) of subsection (i) of said section
110 of said chapter 5; provided further, that a $40 per month rent allowance
shall be paid to all households incurring a rent or mortgage expense and not
residing in public housing or subsidized housing; provided further, that a nonrecurring
children's clothing allowance in the amount of $150 shall be provided to each
child eligible under this program in September 2002; provided further, that
the children's clothing allowance shall be included in the standard of need
for the month of September, 2002; provided further, that benefits under this
program shall not be available to those families where a child has been removed
from the household pursuant to a court order after a care and protection hearing
on child abuse, nor to adult recipients otherwise eligible for transitional
aid to families with dependent children but for the temporary removal of the
dependent child or children from the home by the department of social services
in accordance with department procedures; provided further, that notwithstanding
section 2 of chapter 118 of the General Laws, or any other general or special
law to the contrary, the department shall render aid to pregnant women with
no other eligible dependent children only if it has been medically verified
that the child is expected to be born within the month such payments are to
be made or within the three month period following such month of payment, and
who, if such child had been born and was living with her in the month of payment
would be categorically and financially eligible for transitional aid to families
with dependent children benefits; provided further, that certain families that
suffer a reduction in benefits due to a loss of earned income and participation
in retrospective budgeting may receive a supplemental benefit to compensate
them for such loss; provided further, that no funds from this item shall be
expended by the department for child care or transportation services for the
employment and training program; provided further, that no funds from this item
shall be expended by the department for family reunification benefits or informal
child care; provided further, that the department shall provide oral and written
notification to all recipients of their child care benefits on a semi-annual
basis; provided further, that the notification shall include the full range
of child care options available, including center-based child care, so-called,
family-based child care, so-called, and in-home relative child care, so-called;
provided further, that the notification shall detail available child care benefits
for current and former recipients, including employment and training benefits,
transitional benefits, so-called, and post-transitional benefits, so-called;
provided further, that the department shall work with the office of child care
services to ensure that both recipients currently receiving benefits and former
recipients during the one year period following termination of benefits are
provided written and verbal information about child care services; provided
further, that the notice shall further advise recipients of the availability
of food stamps benefits; provided further, that not less than $318,074 shall
be expended for the purposes of the operation of the Transportation Assistance
Program operated by the Traveler's Aid Society of Boston; 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 or of this item to the contrary, 30 days before implementing
any eligibility or benefit changes or both, the commissioner shall file with
the house and senate committees on ways and means and with the clerks of the
house of representatives and the senate a determination by the secretary of
health and human services that available appropriations for the program will
be insufficient to meet projected expenses and a report setting forth the basis
for, and text of, the proposed changes; provided further, that after February
28, 2003, the commissioner of transitional assistance may establish a program
of supplemental transitional aid to families with dependent children pursuant
to the provisions of section 210 of chapter 43 of the acts of 1997; provided
further, that benefits under said program shall be provided only to persons
who are not citizens of the United States, and for whom, pursuant to section
401, 402, or 403 of the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, 8 U.S.C. section 1611, 1612 or 1613, federal funds
may not be used to provide benefits pursuant to chapter 118 of the General Laws,
but who are qualified aliens within the meaning of section 431 of said Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section
1641 or are otherwise permanently residing in the United States under color
of law; provided further, that said program may be established only after the
secretary of administration and finance has certified in writing ten days prior
to the intended change that the department does not require supplemental appropriation
in this or any of its other items of appropriation, that no supplemental appropriations
have been given to date, that no funds have been transferred to this item to
support spending needs, and that no supplemental funds will be necessary for
the remainder of the fiscal year in this or any of its other items of appropriation;
and provided further, that notwithstanding any general or special law to the
contrary, the comptroller shall transfer any unexpended balance remaining in
this item at the close of the fiscal year to the Caseload Increase Mitigation
Fund ......$332,031,646 $329,031,646
General Fund ................................................................................... 31.92%
Transitional Aid to Needy Families Fund ........................................... 45.50%
Caseload Mitigation Fund ................................................................. 22.58%
4403-2119
For the provision of structured settings as provided in subsection (i) of section
110 of chapter 5 of the acts of 1995 for parents under the age of 20 who are
receiving benefits under the transitional aid to families with dependent children
program; provided, that not more than $540,000 shall be made available for teen
victims of domestic violence through the department of social services; and
provided further, that $300,000 shall be expended for Summerhill House in Norwood
$6,224,206
4403-2120
Language was struck out by the acting Governor
For certain expenses of the emergency assistance program as herein delineated:
(i) contracted family shelters; (ii) transitional housing programs; (iii) programs
to reduce homelessness in Barnstable, Dukes and Nantucket counties; (iv) residential
education centers for single mothers with children; (v) intake centers, so-called;
(vi) hotel and motel payments on behalf of homeless families; and (vii) voucher
shelters, so-called; provided further, that eligibility shall be limited to
families with income at or below 100 per cent of the federal poverty level;
provided further, that notwithstanding any general or special law or provisions
of this item to the contrary, after February 28, 2003, the commissioner of transitional
assistance may expand eligibility to families with income under 130 per cent
of the federal poverty level; provided further, that eligibility may be so expanded
only after the secretary of administration and finance has certified in writing
ten days prior to the intended eligibility expansion that the department does
not require supplemental appropriation in this or any of its other items of
appropriation, that no supplemental appropriations have been given to date,
that no funds have been transferred to this item to support spending needs,
and that no supplemental funds will be necessary for the remainder of the fiscal
year in this or any of its other items of appropriation; provided further, that
benefits under this item shall be provided only to residents who are citizens
of the United States or aliens lawfully admitted for permanent residence or
otherwise permanently residing under color of law in the United States; provided
further, that the department shall take all steps necessary to enforce regulations
to prevent abuse in the emergency assistance program; provided further, that
no emergency assistance expenditures shall be paid from this item unless explicitly
authorized; provided further, that no funds may be expended for heat or utility
arrearages; provided further, that an otherwise eligible household shall be
authorized for temporary emergency shelter even if that household has been authorized
to receive a rental arrearage payment within the past 12 months; provided further,
that eligible households shall be placed in shelter as close as possible to
their home community, unless the household requests otherwise; provided further,
if the closest available placement is not within 20 miles of the household's
home community, the household shall be transferred to an appropriate shelter
within 20 miles of its home community at the earliest possible date, unless
the household requests otherwise; provided further, that the department shall
strive to place eligible households in scattered site shelters in their home
communities rather than in motels upon a determination that this action shall
not entail additional costs to the family shelter program; provided further,
that the department shall report monthly to the house and senate committees
on ways and means on the number of families who apply for emergency assistance
funded family shelter, the number of families approved for shelter, the number
of families denied shelter along with reasons for denials, the home community
of families receiving shelter, the number of families receiving shelter within
each home community, the number of available shelter slots within each home
community, the income level of families receiving shelter, programs designed
to prevent homelessness that had previously been accessed by families receiving
shelter, the composition of families receiving shelter, the reason that the
household is seeking emergency family shelter, and any other information that
the department determines to be necessary in evaluating and proposing changes
to the operation of the emergency assistance family shelters program; provided
further, that not later than September 1 of the current fiscal year the department
shall deliver an annual report to the house and senate committees on ways and
means on the status and activities of the emergency assistance family shelter
program for the preceding fiscal year and any modifications that the department
intends to make in the operation of the program in the current fiscal year;
provided further, that this report shall include an analysis of the number of
households from each home community that are receiving shelter services, the
number of family shelter units available in each home community, and the steps
that have been taken, and that the department plans to take in the future, to
bring the number of family shelter units available in each home community into
line with the number of households from each home community receiving shelter
services; provided further, that the report shall also include information,
by type of shelter, on average length of stay, average cost per household served,
average number of shelter slots not used either as the result of no placement
being made or of a placed family not making use of shelter, and an analysis
of this data, including an analysis of causes relating to any significant differences
in the data for each type of shelter; provided further, that in the first half
of fiscal year 2004, and in the first half of every second fiscal year thereafter,
the department shall conduct a program to monitor the outcomes for households
denied family shelter services; provided further, that the department shall
report on the results of this monitoring program to the house and senate committees
on ways and means not later than February 17 of the fiscal year in which the
program was undertaken; provided further, that this report shall include a recommendation
on whether any changes should be made in the eligibility standards for the emergency
assistance shelter program to insure that households in need of emergency family
shelter services are provided these services; provided further, that not later
than December 15, 2002, the department shall submit to the house and senate
committees on ways and means and the joint committee on human services and elderly
affairs a policy document detailing the guidelines used in making decisions
on daily operations of the family shelter system; provided further, that this
document shall include the guidelines, and the rationale and supporting research
behind the guidelines, used in determining whether an eligible household should
be placed in congregate or scattered site shelter, the guidelines used in determining
what support services need to be provided to recipients of family shelter services
to expedite discharge from family shelter, the guidelines used in assigning
priority to support services in those instances when demand outstrips available
services, and the linkages that have been developed between family shelter services,
front-door homelessness prevention services, and back-door homeless shelter
discharge services; 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 herein; provided
further, that notwithstanding the provisions of any general or special law to
the contrary, 30 days before promulgating any such eligibility or benefit changes,
the commissioner shall file with the house and senate committees on ways and
means and with the clerks of the house of representatives and the senate a determination
by the secretary of health and human services that available appropriations
for the program will be insufficient to meet projected expenses and a report
setting forth such proposed changes; provided further, that nothing herein
shall give rise to or shall be construed as giving rise to enforceable legal
rights in any party or an enforceable entitlement to services other than to
the extent that such rights or entitlements exist under the regulations promulgated
by the department; and provided further, that nothing in the preceding proviso
shall authorize the department to alter eligibility criteria or benefit levels,
except to the extent that such changes are needed to avoid a deficiency in this ..................................................................
$70,220,128
item
4404-1000
For a program of nutritional assistance to residents of the commonwealth who
are qualified aliens within the meaning of section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, so-called, and non-citizens
otherwise permanently residing under color of law in the United States; provided,
that such a resident shall be eligible for such benefits only if such resident
(1) is ineligible for federal food stamp benefits pursuant to the provisions
of sections 401, 402 or 403 of such Act, (2) would be eligible for federally
funded food stamps, but for his citizenship status, and (3) has resided in the
commonwealth for at least 60 days; provided further, that priority in the distribution
of such benefits shall be given to persons who were receiving federally funded
food stamps in fiscal year 1997 but were rendered ineligible for such benefits
by operation of said sections 401, 402 or 403; provided further, that such benefits
may be distributed by electronic benefit transfer to the extent such distribution
does not jeopardize otherwise available federal funding or impede the effective
distribution of such benefits; provided further, that the benefit levels established
for such program shall, to the extent feasible, replicate the equivalent levels
in effect for the federal food stamp program as of June 30, 1997, but shall
be reduced by a consistent percentage across all benefit levels to the extent
necessary not to exceed the amounts appropriated herein; provided further, that
the amount appropriated herein shall meet the commonwealth's full obligation
for funding for said program for fiscal year 2003; provided further, that said
program shall sunset on November 30, 2002 and that after said date the funding
obligation for said benefits shall be reliant solely upon federal funding; and
provided further, that nothing herein shall give rise to or shall be construed
as giving rise to enforceable legal rights in any party or an enforceable entitlement
to services, other than to the extent that such rights or entitlements exist
pursuant to the regulations promulgated by the department consistent with this
item ............................................................................
$1,000,000
4405-2000
For the state supplement to the supplemental security income program for the
aged and disabled, including a program for emergency needs for supplemental
security income recipients; provided, that the expenses of special grants recipients
residing in rest homes, as provided in section 7A of chapter 118A of the General
Laws, may be paid from this item; provided further, that the department, in
collaboration with the division of medical assistance, 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 division; 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............$203,037,225
4406-3000
For the homelessness program to assist individuals who are homeless or in danger
of becoming homeless, including assistance to organizations which provide food,
shelter, housing search, and limited related services to the homeless and indigent;
provided, that the department may allocate funds to other agencies for the purposes
of this program; provided further, that all organizations that received funds
from this item in fiscal year 2002 shall receive funds from this item in the
current fiscal year ...................................................................................................
$30,000,000
4408-1000
Language was struck out by the acting Governor
For a program of cash assistance to certain residents of the commonwealth, entitled
emergency aid to the elderly, disabled and children found by the department
to be eligible for such aid under chapter 117A of the General Laws and regulations
promulgated by the department and subject to the limitations of appropriation
therefore; provided, that benefits under this item shall only be provided to
residents who are citizens of the United States or qualified alien 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
payment standard shall equal the payment standard in effect under the general
relief program in fiscal year 1991; provided further, that a $35 rent allowance,
to the extent possible within the amount of this appropriation, shall be paid
to all households incurring a rent or mortgage expense and not residing in public
housing or subsidized housing; provided further, that the department may provide
benefits to persons age 65 or older who have applied for benefits under chapter
118A of the General Laws, to persons suffering from a medically determinable
impairment or combination of impairments which is expected to last for a period
as determined by department regulations and which substantially reduces or eliminates
the individual's capacity to support himself and which have 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, to otherwise eligible students under age 21 who are
regularly attending a full time grade school, high school, technical or vocational
school not beyond the secondary level, 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 the separate program; provided further, that no ex-offender, person over
age 45 without a prior work history, or person in a residential treatment facility
shall be eligible for benefits under this program unless the person otherwise
meets the eligibility criteria described in this item and defined by regulations
of the department; provided further, that any person incarcerated in a correctional
institution shall not be eligible for benefits under the program; provided further,
that no funds shall be expended from this item for the payment of expenses associated
with any medical review team, other disability screening process or costs associated
with verifying disability for this program; provided further, that the department
shall promulgate emergency regulations under chapter 30A of the General Laws
to implement the changes to this program required by this act 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 herein 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 herein; 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 herein shall be construed as creating any right
accruing to recipients of the former general relief program; provided further,
that the secretary of health and human services shall report monthly to the
house and senate committees on ways and means for the preceding month on the
number of persons applying for benefits under this program, by category, age
and disability, if any, and the number of persons receiving and denied benefits
under this program by category, age and disability, if any; 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 herein
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 herein; and provided further, that notwithstanding any general or special law, or
of this item to the contrary, 30 days before implementing any eligibility or
benefit changes, or both, the commissioner shall file with the clerks of the
house of representatives and the senate a determination by the secretary of
health and human services that available appropriations for the program will
be insufficient to meet projected expenses and a report setting forth the proposed
changes ........................ $71,983,260
Department of Public Health.
4510-0100
For the operation of the department, the determination of need program, established
under section 25C of chapter 111 of the General Laws, for the health statistics
program, including the operation of a cancer registry and occupational lung
disease registry and for the continuation of the cardiac surgery data collection
and validation program to collect and validate data from all hospitals in the
commonwealth that perform open heart surgery; provided, that the position of
assistant commissioner shall not be subject to chapter 31 of the General Laws;
provided further, that funds shall be expended for the weapons-related injury
surveillance system; and provided further, that funds may be expended for the
Massachusetts Violence Prevention Task Force, formerly funded through an interagency
service agreement from the department of education ................................
$18,686,950
General Fund .................................................................................. 97.81%
Health Protection Fund ..................................................................... 2.19%
4510-0110
For community health center services; provided, that $250,000 may be expended
for the purpose of a provider loan repayment program at community health centers;
provided further, that the department shall submit a tentative allocation schedule
of the community health center grants to the house and senate committees on
ways and means not later than February 1, 2003; and provided further, that not
less than $100,000 shall be expended for the O'Neill Health Clinic .....................
$5,137,561
Tobacco Settlement Fund ................................................................... 88.59%
General Fund ..................................................................................... 5.72%
Health Protection Fund ....................................................................... 5.69%
4510-0150
This item was reduced by the acting Governor
For the managed care program at community health centers known as CenterCare
established pursuant to section 24F of chapter 111 of the General Laws; provided,
that the department shall assist professional and nonprofit agencies dedicated
to the advancement of the scope and nature of health care services delivered
in communities by community health centers and to pursue available federal technical
assistance funding; and provided further, that $225,000 shall be expended on
a statewide program of technical assistance to community health centers to be
provided by a state primary care association qualified under section 330(f)(1)
of the United States Public Health Service Act 42, U.S.C.
section 254c(f)(1) ................................................ $3,133,447 $2,793,855
4510-0600
This item was reduced and language was striken by the
acting Governor
For an environmental and community health hazards program, including control
of radiation and nuclear hazards, consumer products protection, food and drugs,
lead poisoning prevention in accordance with chapter 482 of the acts of 1993,
lead-based paint inspections in day care facilities, inspection of radiological
facilities, licensing of x-ray technologists; and the administration of the
division of environmental epidemiology and toxicology for the purposes of chapter
470 of the acts of 1983, the "Right-to-Know" law; provided, that the
expenditures from this item for the fair packaging and labeling survey program
shall be contingent upon the prior approval of the proper federal authorities
for reimbursement of 100 per cent of the amounts so expended; provided further,
that not more than $14,800 shall be allocated to the Franklin Regional Council
of Governments for costs associated with the regional public health agent pilot
project in Franklin county; provided further, that no funds appropriated herein
shall be expended for the purpose of siting or locating a low-level radioactive
waste facility in the commonwealth; provided further, that not less than
$100,000 shall be expended for the purposes of research and prevention activities
associated with Lyme disease to be conducted by the Barnstable county department
of health and environment; provided further, that $300,000 shall be expended
for a contract to provide environmental risk assessment of the prevalence of
lupus and scleroderma in the South Boston section of the city of Boston, including
the costs of performing medical and laboratory tests and examinations; provided
further, that not more than $50,000 shall be expended for the director of the
bureau of environmental health assessment of the department of public health
to conduct an environmental risk assessment of the health impacts of the Cambridge
Plating Company in the town of Belmont; provided further, that the assessment
may include, but shall not be limited to, examining incidences of cancers in
Belmont and the surrounding communities; provided further, that not less
than $300,000 shall be expended for a statewide lupus database; provided further,
that $195,000 shall be expended for the purpose of the director of the bureau
of environmental health assessment of the department of public health to conduct
an environmental risk assessment of the health impacts of the General Lawrence
Logan Airport in the East Boston section of the city of Boston on any community
that is located within a 5 mile radius of the airport and is potentially impacted
by the airport; provided further, that the assessment may include, but not be
limited to, examining incidences of respiratory diseases and cancers and performing
medical and laboratory tests and examinations of residents of these communities;
provided further, that the bureau shall report its findings together with any
recommended response actions by the commonwealth to the house and senate committees
on ways and means not later than February 1, 2003; provided further, that not
less than $140,000 shall be made available for an interdepartmental service
agreement between the department of public health and the University of Massachusetts
at Lowell to support research activities which investigate the association between
ethnic diversity and childhood asthma incidence; provided further, that not
less than $270,000 shall be made available to provide the third year of funding
to 3 existing grantees for asthma environmental testing grants; and provided
further, that the department shall report not later than 30 days after the effective
date of this act detailing the purpose, scope and completion date of all environmental
health surveys, studies and risk assessments funded from this item and any other
funds available to the department for similar purposes as of said date, or projected
to be funded from this item or such other funds in fiscal year 2003 ............................................. $4,002,045 $2,732,245
4510-0615
The department may expend an amount not to exceed $150,000 from assessments
collected under section 5K of chapter 111 of the General Laws for services provided
to monitor, survey and inspect nuclear power reactors; provided, that the department
may expend revenues not to exceed $1,190,957 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; provided further, that for the purpose of accommodating discrepancies
between the receipt of retained revenues and related expenditures, the department
may incur expenses and the comptroller may certify for payment amounts not to
exceed the lower of this authorization or the most recent revenue estimate as
reported in the state accounting system; and provided further that the department
shall report quarterly to the house and senate committees on ways and means
the total amount of revenue collected, a ratio of revenue collected per employee,
the total number of inspections and a ratio of inspections per employee ...........................................................................................
$1,340,957
4510-0616
For a drug registration and monitoring program; provided, that the department
may expend an amount not to exceed $558,086 from revenues collected from a fee
charged to registered practitioners, including physicians, dentists, veterinarians,
podiatrists and optometrists for controlled substance registration; provided
further, that funds may be expended from this item for the costs of personnel;
and provided further, that for the purpose of accommodating discrepancies between
the receipt of retained revenues and related expenditures, the department may
incur expenses and the comptroller may certify for payment amounts not to exceed
the lower of this authorization or the most recent revenue estimate as reported
in the state accounting system .....................................................................
$558,086
4510-0617
For environmental monitoring of the nuclear power plant in Seabrook, New Hampshire
including a continuous real-time radiological monitoring system for Massachusetts
cities and towns located within the emergency planning zone of said nuclear
power plant; provided, that the cost of said item, including any applicable
fringe benefits and indirect costs, shall be assessed on electric companies
in Massachusetts which own, in whole or in part, or purchase power from the
Seabrook nuclear power plant; provided further, that for the purposes of said
item, electric companies shall be defined as all persons, firms, associations
and private corporations which own or operate works or distribute electricity
in the commonwealth; and provided further, that the term electric companies
shall not include municipalities or municipal light plants ...........$91,500
4510-0710
For the operation of the division of health care quality and the office of patient
protection; provided, that the division shall be responsible for assuring the
quality of patient care provided by the commonwealth's health care facilities
and services, and for protecting the health and safety of patients who receive
care and services in nursing homes, rest homes, clinical laboratories, clinics,
institutions for the mentally retarded and the mentally ill, hospitals and infirmaries,
including the inspection of ambulance services; provided further, that the division
shall coordinate its work with the boards of registration under the department
of public health to promote quality patient care in facilities licensed by the
department, and shall report specific instances of preventable medical error
that involve an individualized component investigated by the board of registration
and a systemic or institutional component investigated by the division, the
medical, administrative, educational and disciplinary outcomes of such instances
of preventable medical error, and the ways in which coordination promotes quality
patient care, fairness and accuracy in disciplinary actions, and better provider
and facility education; provided further, that investigators shall conduct investigations
of abuse, neglect, mistreatment and misappropriation under section 51 and section
72H of chapter 111 of the General Laws; provided further, that the division
shall assign such investigators to perform their duties on staggered shifts
which shall be established by the division in order to provide coverage adequate
to ensure that all complaints of abuse, neglect, mistreatment, and misappropriation
are investigated under section 51 and section 72H of chapter 111, and that the
department shall investigate complaints during evening and weekend hours as
needed to assess the validity of the complaint; provided further, that not less
than 10 per cent of all routine surveys of the facilities are completed during
evening or weekend hours; provided further, that the division shall minimize
the need for payment of overtime to investigators in both emergent and non-emergent
situations and shall not authorize the assignment of overtime hours for any
investigator when the duties can be performed on a non-overtime basis by another
investigator; provided further, that all investigators in the division of health
care quality responsible for the investigations shall receive training by the
medicaid fraud control unit of the office of the attorney general under a comprehensive
training program to be developed by the division and the unit; provided further,
that the division shall report quarterly to the house and senate committees
on ways and means on the number of incident reports and, for those reports requiring
investigations under said section 72H of said chapter 111, indicating for each
such report, the time in which: (1) the division completed its investigation;
(2) the division made an evaluation and determination of the validity of the
report; (3) made a referral of such report to the appropriate agency or agencies;
provided further, that if in any quarter the division maintains a backlog of
cases requiring investigation that have not been investigated, evaluated and
determined within the time frames established in said section 72H of said chapter
111, the division shall include in the report an explanation as to the reasons
therefore; and provided further, that the division shall include in the report
a list of all instances of the payment of overtime for investigators and the
justification therefore and in each quarter shall compare the overtime expenditures
from this item with the overtime expenditures made in the corresponding quarter
of fiscal year 2002; provided further that that the division shall expend not
less than $100,000 to develop, in consultation with the nursing home industry
and consumer representatives, a confidential consumer satisfaction survey for
long-term care facilities; provided further, that the division shall conduct
said survey initially of family members, guardians or other resident designees;
provided further, that residents shall be consulted in the development of the
survey tool; provided further, that the division shall insure that the survey
allows for statistically significant comparisons between and among facilities;
provided further, that the division shall compile the survey results and make
the results available in print as well as electronically; provided further,
that the division shall continue to research appropriate survey tools for residents,
including methods for ensuring confidentiality and addressing cognition and
communication impairments, and shall develop recommendations for the development
and implementation of a resident survey; provided further, that not less than
$100,000 shall be expended by the division for a comprehensive training, education
and outreach program for nursing home administrators and managers and other
supervisory personnel in long-term care to improve the quality of care in long-term
care facilities; provided further, that the program shall promote the use of
best practices, models of quality caregiving and the culture of workforce retention
within the facilities and shall focus on systemic ways to reduce deficiencies;
and provided further, that the department shall report to the house and senate
committees on the results of the program no later than April 30, 2003 .............
$7,801,657
4510-0712
The department may expend an amount not to exceed $543,286 in revenues collected
from the licensure of health facilities for program costs of the division of
health care quality; provided, that the department may expend an amount not
to exceed $800,000 from revenues collected from individuals applying for emergency
medical technician licensure and recertification; and provided further, that
notwithstanding any general or special law to the contrary, for the purpose
of accommodating timing discrepancies between the receipt of retained revenue
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate therefore as reported in the state accounting
system ........................ $1,343,286
4510-0720
For a scholarship program for certified nurses' aide and direct care worker
training; provided, that the department shall establish appropriate guidelines
and application criteria for the administration of the program; provided further,
that the scholarships shall cover the full cost of tuition to an approved certified
nurses' aide or long-term care direct worker training program, including approved
programs providing for cross-training; provided further, that funds may also
be available to provide adult basic education and English as a second language
training for applicants otherwise meeting criteria for the scholarships, as
well as pilot training programs using enhanced curricula designed to support
increased retention; provided further, that the department, shall in consultation
with the nursing home industry, consumer groups, the department of labor and
workforce development, Commonwealth Corporation, training providers and other
appropriate state and local agencies, conduct outreach regarding the availability
of such scholarships; provided further, that the department shall consult with
the scholarship program advisory council and the extended care career ladder
initiative to review and recommend new training requirements for certified nurses'
aides, home health aides and home care workers to improve the quality of the
direct care workforce and the quality of care provided in all long-term care
settings by developing skill standards, supporting the transition from training
to work, improving retention, promoting portability, recognizing career advancement
curricula and addressing language and education barriers; and provided further,
that costs for outreach activities shall not exceed 3 per cent of the amount
appropriated herein and administrative costs of the program shall not exceed
3 per cent of the amount appropriated .....................................................................$750,000
4510-0721
For the costs of personnel, administration, information technology, equipment,
newsletter and other essential spending of the board of registration in nursing;
provided, that employees of the board transferred from the division of professional
licensure to the department of public health shall suffer no impairment of civil
service status, seniority or any other employment rights; provided, that the
board shall prepare an annual report detailing the total number of cases referred
to and investigated by the board, the resolution of such cases, the approximate
number of cases assigned to each investigator, and any increases or decreases
in cases referred to the board in the previous 6 months; provided further, that
the board shall submit each such report to the house and senate committees on
ways and means, the joint committee on health care and the commissioner of the
department of public health; provided further, that the board shall prepare
a compilation of cases involving preventable medical error that resulted in
harm to a patient or health care provider for the purpose of assisting health
care providers, hospitals and pharmacies to modify their practices and techniques
to avoid error; provided further, that the board shall submit the compilation
to the house and senate committees on ways and means, the joint committee on
health care, the commissioner of the department of public health and shall make
the compilation widely available, including by electronic means, to the public
and to all hospitals, pharmacies and health care providers doing business in
the commonwealth; and provided further, that in making such compilation and
in its investigatory functions the board shall coordinate its activities with
the division of health care quality ......... $1,634,717
4510-0722
For the costs of personnel, administration, newsletter, dues, travel, public
information advertising, and other expenses of the board of registration in
pharmacy; provided, that employees of the board transferred from the division
of professional licensure to the department of public health shall suffer no
impairment of civil service status, seniority or any other employment rights;
provided, that the board shall prepare an annual report detailing the total
number of cases referred to and investigated by the board, the resolution of
such cases, the approximate number of cases assigned to each investigator, and
any increases or decreases in cases referred to the board in the previous 6
months; provided further, that the board shall submit each such report to the
house and senate committees on ways and means, the joint committee on health
care and the commissioner of the department of public health; provided further,
that the board shall prepare a compilation of cases involving preventable medical
error that resulted in harm to a patient or health care provider for the purpose
of assisting health care providers, hospitals and pharmacies to modify their
practices and techniques to avoid error; provided further, that the board shall
submit said compilation to the house and senate committees on ways and means,
the joint committee on health care, the commissioner of the department of public
health and shall make said compilation widely available, including by electronic
means, to the public and to all hospitals, pharmacies and health care providers
doing business in the commonwealth; provided further, that in making such compilation
and in its investigatory functions the board shall coordinate its activities
with the division of health care quality ............................. $485,507
4510-0723
For the operation and administration of the board of medicine and the committee
on acupuncture; provided, that employees of the board transferred from the office
of consumer affairs and business regulation to the department of public health
shall suffer no impairment of civil service status, seniority or any other employment
rights; provided, that the board of registration of medicine shall prepare an
annual report detailing the total number of cases referred to and investigated
by the board, the resolution of such cases, the approximate number of cases
assigned to each investigator, and any increases or decreases in cases referred
to the board in the previous 6 months; provided further, that the board shall
submit each such report to the house and senate committees on ways and means,
the joint committee on health care and the commissioner of the department of
public health; provided further, that the board shall prepare a compilation
of cases from its Patient Care Assessment program, describing incidents involving
preventable medical error that resulted in harm to a patient or health care
provider for the purpose of assisting health care providers, hospitals and pharmacies
to modify their practices and techniques to avoid error; provided further, that
the board shall submit the compilation to the house and senate committees on
ways and means, the joint committee on health care, the commissioner of the
department of public health and shall make the compilation widely available,
including by electronic means, to the public and to all hospitals, pharmacies
and health care providers doing business in the commonwealth; provided further,
that $249,000 shall be expended for the purposes of investigating and disciplining
physicians who represent a threat to public health or safety, and for the purpose
of eliminating the open case backlog of consumer complaints and statutory reports
of physician misconduct and substandard care; provided further, that in order
to and in connection with eliminating such backlog, the board shall prioritize
cases of greatest risk to the public, including immediate review of all complaints
that include allegations of sexual misconduct; and provided further, that the
board shall promulgate rules and regulations to coordinate its patient care
assessment program with the board of registration of nursing and pharmacy and
the department of public health ............................................................................
$1,760,862
4510-0725
For the costs of personnel, administration, public information advertising and
other expenses of certain health boards of registration, including the boards
of registration in dentistry, nursing home administrators, physician assistants,
perfusionists and respiratory care; provided, that employees of the board transferred
from the division of professional licensure to the department of public health
shall suffer no impairment of civil service status, seniority or other employment
rights.............................................$424,308
4510-0726
The board of registration in medicine including the physician profiles program
is hereby authorized to expend revenues not to exceed $300,000 from new revenues
associated with increased license and renewal fees; provided, that this amount
shall be in excess of the amount prescribed in section 1B of this act ...........................................................
$300,000
4510-0790
For regional emergency medical services; provided, that the regional emergency
medical services councils, designated as such in accordance with 105 CMR 170.101
and the C-MED communications as of January 1, 1992, shall remain the designated
councils and C-MEDs; provided further, that the department shall report quarterly
on the number of investigations of ambulance services performed by said inspectors
and by inspectors funded in items 4510-0710 and 4510-0712 as well as the number
of investigations pending at the end of each quarter and the reasons therefore;
provided further, that the department, in conjunction with the regional emergency
services councils, notwithstanding the provisions of section 27C of chapter
29 of the General Laws to the contrary, shall promulgate regulations to ensure
that all basic, intermediate, and paramedic emergency medical technicians are
certified to use and have available epinephrine for the emergency treatment
of anaphylaxis; provided further, that the department shall report to the house
and senate committees on ways and means not later than January 15, 2003 on the
implementation of said certifications and availability of epinephrine; and provided
further, that the department shall widely disseminate this requirement to all
relevant
parties ............................................................ $1,246,896
Tobacco Settlement Fund ............................................................................................ 73.24%
Local Aid Fund ............................................................................................................ 26.76%
4510-0810
For a statewide sexual assault nurse examiner program and for the care of victims
of sexual assault; provided, that the program shall be established by the department
to operate under specific statewide protocols and by an on-call system of nurse
examiners ..................................................................................................................................
$845,116
4512-0103
For acquired immune deficiency syndrome services and programs; provided, that
particular attention shall be paid to direct the funding proportionately among
the groups that are affected with HIV/ AIDS; provided further, that funds shall
be expended for rental housing subsidies for the purposes of preventing admissions
to acute hospitals, chronic hospitals and nursing homes for persons with acquired
immune deficiency syndrome; provided, that the department may contract for the
administration of this program; provided further, that the costs of this administrative
contract shall not be expended from this item; provided further, that rents
payable by tenants shall not be less than 30 per cent of total household income
if heat and cooking fuel are provided by the landlord and shall not be less
than 25 per cent of total household income if heat and cooking fuel are not
provided; provided further, that no funds shall be expended for subsidies for
housing units in excess of the number of units funded on June 30, 1991; provided
further, that the department shall not enter into any new housing contracts
or expend funds for such new contracts in fiscal year 2003 that would fund units
in excess of the number of units funded on June 30, 2002; provided further,
that not less than $300,000 shall be expended for the operation of a program
to be administered by the Springfield department of health for a comprehensive
drug treatment for the prevention of AIDS; and provided further, that no funds
from this item shall be expended for disease research in fiscal year 2003 .............................................
$39,339,024
General Fund ...................................................................................... 93.27%
Health Protection Fund ........................................................................ 6.73%
4512-0106
The department of public health may expend an amount not to exceed $1,200,000
from revenues received from pharmaceutical manufacturers participating in the
section 340B rebate program administered by the federal health resources and
services administration and office of drug pricing ..................................................................
$1,200,000
4512-0200
For the administration of the division of substance abuse services, including
a program to reimburse driver alcohol education programs for services provided
for court adjudicated indigent clients; provided, that not less than $585,315
shall be expended for a contract with STEP, INC., doing business as STEP, inc;
provided further, that not less than $125,000 shall be expended for the New
Beginnings Program, a wellness program for middle school students addressing
student substance abuse issues; provided further, that not less than $112,500
shall be expended for a contract with Gavin Foundation to provide a total immersion
program in conjunction with the probation department of the Quincy division
of the district court department of the trial court; provided further, that
not less than $50,000 shall be expended for a department of public health certified
New Bedford batterer intervention program; provided further, that not less than
$81,000 of said allocation shall be expended for the Tynan Community Centers
Adolescent Wellness program in the city of Boston; provided further, that not
less than $108,000 shall be expended for a contract with gavin foundation to
provide a total immersion program in conjunction with the probation department
of the South Boston division of the district court, department of the trial
court and other district courts; provided further, that not less than $60,000
shall be expended for the McLaughlin house in Charlestown; provided further,
that $53,000 shall be expended for the Railroad Street Youth project of Great
Barrington; provided further, that not more than $45,000 shall be expended in
grants for the Framingham Coalition for the Prevention of Alcohol and Drug Abuse;
provided further, that $603,000 may be expended for the Link House, inc. for
purposes of establishing half way services for women in recovery from substance
abuse in the town of Salisbury; provided further, that not less than $54,000
shall be expended for the Hingham district court for a total immersion program;
provided further, that not less that $157,500 shall be expended for the Gavin
House Foundation for purposes of establishing a half way house in Charlestown
for the Charlestown Recovery House Inc.; provided further, that not less than
$553,500 shall be expended for celeste house; provided further, that $139,993
shall be expended for the Intensive Outpatient Program at the South Boston Collaborative
for the purposes of responding to adolescent suicide cluster and drug abuse
in the South Boston section of the city of Boston; provided further, that not
more than $37,000 shall be expended for an intervention prevention counselor
for Concord-Carlisle regional school district; provided further, that $370,800
shall be expended for an adolescent residential facility for substance abuse
and rehabilitation services in the South Boston section of the city of Boston;
provided further, that not less than $90,000 shall be expended for the Russian
Teens-at-risk program operated by the Jewish Family Children's Service in the
cities of Boston and Lynn and the town of Brookline; provided further, that
Gavin Foundation shall be contracted to provide immersion programs stated herein;
provided further, that not less than $45,000 shall be expended for the maintenance
of a training program for a statewide total immersion program; and provided
further, that the department shall report to the joint committees on health
care and on human services and the house and senate committees on ways and means
within 90 days of the passage of this act on its efforts to encourage or strengthen
discharge and aftercare planning for its substance abuse clients and to address
inefficiencies in the provision of outpatient substance abuse services, including
an assessment of existing or other appropriate financial incentives for inpatient
or outpatient providers to encourage or require such discharge planning, existing
or other appropriate regulatory mechanisms to encourage or require such discharge
planning, legal or practical impediments to such discharge planning, the efficacy
of redirecting existing resources to strengthen the relationship between inpatient
and outpatient providers of substance abuse services, and the potential for
improved outcomes for substance abuse clients and savings to the commonwealth
................... $37,166,514
General Fund .................................................................................. 83.23%
Health Protection Fund ................................................................... 16.77%
4512-0225
This item was reduced by the acting Governor
The department of public health may expend for a compulsive gamblers' treatment
program an amount not to exceed $2,000,000 from unclaimed prize money held in
the state lottery fund for more than one 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 ................................................................................................... $2,000,000 $1,000,000
4512-0500
For dental health services; provided, that of the amount appropriated herein,
funds shall be expended to maintain a program of dental services for the developmentally
disabled; and provided further, that the department shall submit to the house
and senate committees on ways and means a quarterly report on the number of
children served by this dental health services program and the number of children
waiting to be served by the program ................................. $1,398,440
4513-1000
This item was reduced and language was striken by the
acting Governor
For the operation of the division of family health services, including a program
of maternal and child health in addition to any federal funds received for this
program; provided further, that the department shall expend up to $83,060 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; provided, that of the
amount appropriated herein, funds shall be expended for rape prevention and
victim services, including the statewide Spanish language hotline for sexual
abuse, family planning services, the Northeastern University conflict resolution
program, latinas y ninos, and statewide suicide and violence prevention outreach
to gay and lesbian youth; provided further, that this allocation shall not be
used for sex education; provided further, that less than $99,000 shall be expended
for the self-esteem Boston education program, so-called; and provided further,
that not less than $200,000 shall be expended for a child health diary entitled
Growing Up Healthy/Crescer Saudavel ..................................................
$11,460,761
General Fund ........................................................................................ 80.74%
Health Protection Fund .......................................................................... 19.26%
4513-1001
For certified batterer intervention programs to assist indigent batterers and
their families; provided, that referred batterers are required to perform a
minimum of 40 hours of community service; provided further, that not less than
$79,000 shall be expended for the North Quabbin Domestic Violence Prevention
Program; and provided further, that $35,000 shall be expended from this item
for the Men's Resource Center of Western Massachusetts ....................
$867,158
4513-1002
For 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 one through seven, as defined by the state WIC program;
provided further, that within 30 days of the effective date of this act, the
department shall report to the house and senate committees on ways and means
the total number of cases which can be supported with funds from this item without
incurring a deficiency; provided further, that the department shall report quarterly
to the house and senate committees on ways and means the total number of clients
served per month and the total food voucher expenditures per month; and provided
further, that not less than $673,570 shall be expended for failure to thrive
programs ............................................................................
$13,457,605
General Fund .................................................................................... 87.03%
Health Protection Fund ..................................................................... 12.97%
4513-1005
For the healthy start program to provide medical care and assistance to pregnant
women and infants residing in the commonwealth pursuant to section 24D of chapter
111 of the General Laws; provided, that pursuant to an interagency agreement
established with the division of medical assistance, the department of public
health shall determine the presumptive eligibility of low-income pregnant women
for services available under Title XIX and chapter 118E of the General Laws;
provided further, that said department shall report to the house and senate
committees on ways and means on the population served by said program delineated
by federal poverty level, the cost of each segment of the population delineated
by federal poverty level, as well as any long term cost savings achieved by
providing said services to said populations; and provided further, that said
department shall include in said report a breakdown of the costs incurred by
said program from the time when eligibility was expanded to 225 per cent of
the federal poverty level ..........$7,221,618
General Fund .................................................................................. 65.34%
Health Protection Fund ................................................................... 34.66%
4513-1010
The department of public health may expend an amount not to exceed $2,700,050
generated from revenues received from the collection of federal financial participation
for early intervention services delivered to medicaid-eligible children by developmental
educators and professionals in related disciplines; provided, that nothing herein
shall give rise to or shall be construed as giving rise to enforceable legal
rights to any such services or an enforceable entitlement to the services funded
herein; and provided further, that the revenue may be used to pay for current
and prior year claims .....$2,700,050
4513-1012
The department of public health may expend an amount not to exceed $23,230,000
from revenues received from the federal cost-containment initiatives, including,
but not limited to, infant formula rebates and Northeast Dairy Compact reimbursements;
provided, that for the purpose of accommodating discrepancies between the receipt
of retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower
of this authorization or the most recent revenue estimate as reported in the
state accounting
system ........................................ $23,230,000
4513-1020
For 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 said units of service
paid by the department, the division of medical assistance, and by third party
payers for early intervention services for the following services categories:
home visit, center-based individual, child-focused group, parent-focused group,
screening, and assessment; provided further, that the department shall make
all reasonable efforts to secure third party and medicaid reimbursements for
the services funded herein; provided further, that funds from this item shall
be expended for a reserve to provide respite services to families of children
enrolled in early intervention programs who have complex care requirements,
multiple disabilities and extensive medical and health needs; provided further,
that priority shall be given to low and moderate income families; provided further,
that the department shall submit to the house and senate committees on ways
and means a report on the number of families served by said program and the
amount of funds appropriated herein granted to qualified families not later
than February 1, 2003; provided further, that no claim for reimbursement made
on behalf of an uninsured person shall be paid from this item until said program
receives notice of a denial of eligibility for the MassHealth program from the
division of medical assistance; and provided further, that nothing stated herein
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 herein ..................................$29,188,130
General Fund ................................................................................ 73.76%
Health Protection Fund ...................................................................24.35%
Tobacco Settlement Fund ...............................................................1.89%
4513-1022
For a community-based domestic violence prevention programs; provided, that
not less than $50,000 shall be made available for domestic violence education
and awareness in faith-based and community-based organizations; provided further,
that not less than $120,000 shall be made available for outreach and intervention
services to homosexual male victims of domestic violence; provided further,
that not less than $60,000 shall be expended for the Planned Learning Achievement
for Youth program in Amherst in collaboration with the department of education
through an interagency service agreement; provided further, that not less than
$10,000 shall be made available to the Words not Weapons mentoring project in
Saugus; provided further, that not less than $45,000 shall be made available
to Portal to Hope to oversee a domestic violence prevention program that includes
a "Teens-At-Risk" project, for the communities of Everett, Lynn, Malden
and Medford without the need of approval by the commissioner of public health;
and provided further, that no funds shall be expended for the program before
the approval of a program plan by the commissioner of public
health ........................................... $1,230,000
4513-1026
For the provision of statewide and community-based suicide prevention, intervention,
post-vention and surveillance activities and the implementation of a statewide
suicide prevention plan; provided, that the department, in coordination with
the department of mental health, shall provide grant funds for locally targeted
suicide prevention, intervention and post-vention activities; provided further,
that any department, group, or institution applying for these grants shall state
the program's goals, feasibility, and effectiveness, such that other communities
may replicate this program, document how the program replicates or builds upon
relevant evidence-based strategies or tests new strategies, describe the activities
to be undertaken and include an evaluation component in the program; provided
further, that prevention and intervention activities shall be targeted toward
identifying and assisting those at risk; provided further, that prevention and
intervention activities shall include, but not be limited to, training programs
about the recognition and treatment of suicidal behavior for professionals who
are in regular contact with at-risk individuals, collaborative work with emergency
rooms and doctors to disseminate information regarding follow-up services for
known attempters, and efforts to increase public knowledge of suicide prevention;
provided further, that post-vention activities shall be targeted toward family
and friends of individuals who have attempted or completed suicide; provided
further, that post-vention activities shall include, but not be limited to,
training for first-responders about sensitive and responsible ways of interacting
with the families of suicide victims, efforts to increase survivors' access
to mental health services and to decrease the stigma associated with their roles
as survivors, and the development of comprehensive support programs to facilitate
positive coping among survivors; provided further, that surveillance activities
shall be targeted toward increasing the accuracy of statistics on suicide morbidity
and the availability of information on suicide attempts and ideation; provided
further, that surveillance activities shall include, but not be limited to,
efforts to increase both the quantity and quality of suicide data collected
by first responders, hospital staff, and the department, and the development
of a system for accessing and collecting data from suicide survivors; provided
further, that funds from this item shall not be transferred to any other program
or item; provided further, that the departments shall, in consultation with
the commissioner of education, report to the house and senate committees on
ways and means on the status of statewide and community-based suicide prevention,
intervention, post-vention, and surveillance activities no later than June 30,
2003 ................................................................. $500,000
Health Protection Fund ........................................................................ 100.00%
4513-1111
This item was reduced by the acting Governor
For an osteoporosis education and prevention program; provided, that the program
shall include, but not be limited to: (1) development or identification of educational
material to promote public awareness of the cause of osteoporosis, options for
prevention, the value of early detection and possible treatments, including
their benefits and risks, to be made available to consumers, particularly targeted
to high risk groups; (2) development or identification of professional education
programs for health care providers; (3) development and maintenance of a list
of current providers of specialized services for the prevention and treatment
of osteoporosis; and (4) a program for awareness, prevention and treatment of
the 'silent disease' hip fracture ................................................................................... $342,000 $75,000
Health Protection Fund ........................................................................ 100.00%
4513-1112
This item was reduced and language was striken by the
acting Governor
For a prostate cancer screening, education and treatment program; provided
that, not less than $30,000 shall be expended for the Diabetes Association,
Inc. ...................................................................................
$3,350,263 $2,350,263
General Fund ......................................................................................... 79.02%
Tobacco Settlement Fund ....................................................................... 20.98%
4513-1114
This item was reduced and language was striken by the
acting Governor
For a program to mitigate the effects of hepatitis C; provided, that $1,500,000
shall be expended for screening, information, education and treatment programs; provided further, that $500,000 shall be expended for research grants;
provided further, that funds from this item shall be expended to increase public
awareness and provide health care provider information; provided further, that
awareness efforts shall be presented in multiple languages and in a culturally
appropriate manner where applicable; provided further, that hepatitis C prevention,
counseling and testing, and case management services shall be integrated into
existing substance abuse, HIV/AIDS and STD service programs; and provided further,
that funds herein shall supplement, and not supplant, funding for such purposes
in item 4580-1000 ............................... $2,832,258 $2,000,000
Tobacco Settlement Fund ....................................................................... 100.00%
4513-1115
This item was reduced by the acting Governor
For a multiple sclerosis screening, information, education and treatment program
......................... $400,000 $162,368
Tobacco Settlement Fund ....................................................................... 100.00%
4513-1116
For a program for renal disease; provided, that the funding in this item shall
be appropriated for nutritional supplements and early intervention services
for those affected by renal disease and those at risk of renal disease; and
provided further, that this program shall be administered through the national
kidney foundation of Massachusetts, Rhode Island and Vermont ......................................
$20,100
Tobacco Settlement Fund ........................................................................ 100.00%
4513-1121
This item was reduced by the acting Governor
For a statewide stroke education and public awareness program, provided, that
such program shall expend funds to educate the public and providers, including
emergency medical systems personnel, medical dispatchers and fire and police
department personnel, about the warning signs of stroke, the recognition of
stroke symptoms, and the importance of timely and appropriate acute care treatment;
provided further, that the department shall coordinate such program with any
ongoing federally-funded statewide efforts, including any program funded by
federal cardiovascular health initiative grants; and provided further, that
the program shall seek to maximize, through grant development or public-private
partnerships, available sources of funding to accomplish the goals of the program,
and provided further, that the department shall report to the joint committee
on health care and the house and senate committees on ways and means on the
status of the program no later than June 30, 2003 ................................................................................. $500,000 $200,000
Tobacco Settlement Fund ................................................................... 100.00%
4516-0263
The department of public health may expend an amount not to exceed $1,505,368
in revenues from various blood lead testing fees collected from insurers and
individuals, for the purpose of conducting such tests; provided, that notwithstanding
any general or special law to the contrary, for the purpose of accommodating
timing discrepancies between the receipt of retained revenues and related expenditures,
the department may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate therefore as reported in the state accounting system .............................................................
$1,505,368
4516-1000
For the administration of the center for laboratory and communicable disease
control, including the division of communicable venereal diseases, the division
of tuberculosis control and the state laboratory institute; provided, that the
department shall give priority to the analysis of samples used in prosecution
of controlled substances offenses; provided further, that funds shall be expended
for an eastern encephalitis testing program and for tuberculosis testing and
treatment services; provided further, that no funds appropriated herein shall
be expended for administrative, space or energy expenses of the department not
directly related to personnel or programs funded herein; provided further, that
funds from this item shall be expended for the purchase of equipment for the
drug laboratory at the state laboratory institute; provided further, that no
expenditure from this item shall cause the Drug Analysis Fund, established pursuant
to section 51 of chapter 10 of the General Laws, to be in deficit at the close
of fiscal year 2003; provided further, that funds from this item shall be expended
for the purpose of an interagency service agreement with the University of Massachusetts
medical school for the department's share of the cost of occupancy, including
the cost of facility support personnel, for the state laboratory institute;
provided further, that not less than $169,122 shall be expended for the maintenance
of the statewide rabies control program coordinated by the department of public
health providing assistance to cities, towns, and the public, and for the interagency
collaboration through the rabies advisory committee, the 24-hour epidemiological
and clinical consultation for rabies exposures, the rapid laboratory diagnostic
services and for the continuation of the raccoon rabies vaccine field trial
on Cape Cod operated through a contract with Tufts University School of Veterinary
Medicine in collaboration with the federal Centers for Disease Control and Prevention
................................................ $10,247,936
General Fund ..................................................................................... 99.02%
Drug Analysis Fund ............................................................................ 00.98%
4518-0200
The department may expend an amount not to exceed $265,000 generated by fees
collected from the following services provided at the registry of vital records
and statistics: amendments of vital records, all requests for vital records
not issued in person at the registry, and research requests performed by registry
staff at the registry; provided, that revenues so collected may be used for
all program costs, including the compensation of employees; and provided further,
that for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state accounting
system ........................... $265,000
4530-9000
For 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 said grants may
be used for state agency purchases of designated services identified by said
community service plans; provided further, that $100,000 shall be expended for
teen pregnancy prevention services in the town of Orange; provided further,
that not less than $150,000 shall be expended for the Berkshire Coalition to
Prevent Teen Pregnancy program in Berkshire County; provided further, that $225,000
shall be expended for the abstinence-based teen pregnancy prevention programs
in the cities of North Adams and Pittsfield; and provided further, that of said
$225,000, not less than $125,000 shall be expended for said program in the city
of
Pittsfield .................... $3,453,786
Transitional Aid to Needy Families .............................................................. 100.00%
4570-1500
This item was reduced and language was striken by the
acting Governor
For an early breast cancer detection program, mammographies for the uninsured,
and a breast cancer detection public awareness program; provided, that not
less than $1,000,000 shall be expended for the purposes of a scientific research
grant program to investigate potential environmental factors that contribute
to breast cancer in areas of unique
opportunity ................................... $8,628,900 $3,502,733
General Fund ........................................................................................ 80.00%
Health Protection Fund ......................................................................... 20.00%
4580-1000
For the universal immunization program and for the purchase and distribution
of the pneumococcal conjugate vaccine; provided, that no funds appropriated
herein shall be expended for administrative or energy expenses of the department
not directly related to personnel or programs funded herein ..........$20,658,293
4590-0250
This item was reduced by the acting Governor
For the continuation of smoking prevention and cessation programs; provided,
that said programs shall include the following components: (1) enforcing local
ordinances, bylaws and regulations relative to tobacco control; (2) a smoking
cessation program, which may include providing smokers with vouchers to be used
for counseling and cessation products and low income smokers' nicotine replacement
therapy; (3) grants to evaluate current anti-tobacco efforts and to pursue scientific
and policy research including, but not limited to, smoking prevention, addiction,
mortality associated with secondhand smoke, issues unique to minority communities
and youth smoking; and (4) increased enforcement efforts and media campaigns
by health and community agencies in minority communities which demonstrate a
high rate of tobacco use; provided further, that $16,140,000 shall be expended
for the school health services program, including school health services, partially
funded in 4590-0300; provided further, that said services shall meet standards
and eligibility guidelines established by the department of public health in
consultation with the department of education; provided further, that funds
shall be expended from this item for said services in public and non-public
schools; provided further, that services shall include but not be limited to:
(1) strengthening the infrastructure of school health services in the areas
of personnel and policy development, programming, and interdisciplinary collaboration;
(2) developing linkages between school health services programs and community
health providers, and (3) incorporating health education programs, including
tobacco prevention and cessation activities in school curricula and in the provision
of school based health services; provided further, that $3,956,025 shall be
expended for school based health centers, partially funded in 4590-0300; provided
further, that said school health services programs and school based health centers
shall include an educational component and campaign on smokeless tobacco and
smoking cessation; provided further, that the department of public health and
the department of education shall jointly establish standards and criteria for
said school health service programs; and provided further, that notwithstanding
the provisions of section 72 of chapter 44 of the General Laws, any federal
reimbursement collected as a result of the purposes described in this item shall
be credited to Tobacco Settlement Fund, established pursuant to section 2XX
of chapter 29 of the General Laws; and provided further, that $250,000 shall
be expended to the H.E.L.P. program so-called, for black males
health ............................... $36,737,133 $24,010,810
Tobacco Settlement Fund ........................................................................ 100.00%
4590-0300
This item was reduced and language was striken by the
acting Governor
For the smoking prevention and cessation program established pursuant to chapter
254 of the acts of 1992; provided, that priority shall be given to funding programs
in communities with high smoking rates among women; provided further, that
not less than $13,806,919 shall be allocated from this item to the department
of education for grants to cities, towns and regional school districts for comprehensive
health education programs, including education on smoking prevention; provided
further, that any funds distributed under this item shall be deposited with
the treasurer of any such city, town or regional school district, held in a
separate account and expended without further appropriation by the school committee;
provided further, that not less than $5,177,595 shall be expended from this
item for a school health service program, including school health centers; provided
further, that programs funded in this item shall include an educational component
and campaign on smokeless tobacco; provided further, that the department of
public health and the department of education shall jointly establish standards
and criteria for the school health service programs; provided further, that
no funds shall be expended from this item for an interagency service agreement
with the department of revenue; provided further, that no funds appropriated
herein shall be expended for administrative, space leasing or energy expenses
of the department; provided further, that not less than $200,000 shall be allocated
from this item to the Berkshire County Area Health Education Center, Inc. for
programs including but not limited to alcohol, drug and tobacco prevention;
and provided further, that not less than $50,000 shall be allocated for the
Project Reach Out smoking cessation program at the Boys and Girls Club of
Metro West .......... $34,176,648 $11,262,818
Health Protection Fund ......................................................................... 100.00%
4590-0906
For the children's medical security plan to provide primary and preventive health
services for uninsured children from birth through age 18; provided, that the
department shall pre-screen enrollees and applicants for medicaid eligibility;
provided further, that no applicant shall be enrolled in said program until
said program receives notice of a denial of eligibility for the MassHealth program
from the division of medical assistance; 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 department shall maximize federal reimbursement for state expenditure
made on behalf of said children; provided further, that any projection of deficiency
in this item shall be reported to the house and senate committees on ways and
means not less than 90 days prior to the projected exhaustion of funding; provided
further, that the department shall negotiate with the vendor of said program
to ensure that rates paid for the administration of the program do not exceed
such rates as are necessary to meet only those costs which must be incurred
for an economically and efficiently operated program; provided further, that
the department shall expend all necessary funds from this item to ensure the
provision of the maximum benefit levels for this program, as authorized by section
24G of chapter 111 of the General Laws; provided further, that said maximum
benefit levels for this program shall be made available only to those children
who have been determined by the department to be ineligible for MassHealth benefits
provided by the division of medical assistance; and provided further, that the
commissioner of the department of public health shall certify quarterly in writing
to the house and senate committees on ways and means that premiums established
pursuant to the fourth paragraph of said section 24G of said chapter 111 have
been paid by all enrollees for whom said premiums are
applicable ............................................... $13,797,200
General Fund ............................................................................. 76.62%
Children's and Seniors' Health Care
Assistance Fund .......................................................................... 23.38%
4590-0912
The department may expend an amount not to exceed $13,933,793 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 subsidiary chargebacks and motor vehicle replacement; provided further, that
all revenues expended shall be pursuant to schedules submitted to the secretary
of administration and finance and the house and senate committees on ways and
means; provided further, that notwithstanding any general or special law to
the contrary, the western Massachusetts hospital shall be eligible to receive
and retain full reimbursement from the medical assistance program of the division
of medical assistance; 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 discrepancies between the receipt
of retained revenues and related expenditures, the department may incur expenses
and the comptroller may certify for payment amounts not to exceed the lower
of this authorization or the most recent revenue estimate as reported in the
state accounting system; and provided further, that no funds appropriated herein
shall be expended for administrative, space or energy expenses of the department
not directly related to personnel or programs funded herein ..............$13,933,793
4590-0913
For the department of public health Lemuel Shattuck hospital, for the purposes
of funding expenses for services provided to inmates of county correctional
facilities which have privatized medical care; provided, that said department
may expend an amount not to exceed $500,000 in revenues collected from the private
medical vendors; and provided further, that for the purpose of accommodating
discrepancies between the receipt of retained revenues and related expenditures,
the department may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate as reported in the state accounting system .................. $500,000
4590-0915
This item was reduced and language was striken by the
acting Governor
For the maintenance and operation of Tewksbury state hospital, Massachusetts
hospital school, Lemuel Shattuck hospital, and for the hospital bureau, including
the consolidated pharmacy unit; provided, that all revenue generated by said
hospitals shall be credited to the General Fund; provided further, that no funds
appropriated herein shall be expended for administrative, space or energy expenses
of the department not directly related to personnel or programs funded herein;
provided further, that Tewksbury state hospital shall not be used to house county,
state, or other prisoners; provided further, that the department shall take
no action to reduce or realign the client population and services at Tewksbury
hospital unless such action results in alternative service delivery in an appropriate
and cost-effective method of care; provided further, that staffing configurations
at Tewksbury hospital shall be consistent with said client population and service
realignment; provided further, that $30,000 shall be paid for chaplain services
at Tewksbury hospital; and 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....$109,890,178 $109,860,178
Department of Social Services.
4800-0014
Language was struck out by the acting Governor
For the costs of revenue management contracted services ..........................................................$3,400,000
4800-0015
For central and area office administration; provided, that the associated expenses
of employees whose AA subsidiary 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 an
area office shall be maintained in the Beverly area; 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 that latter department
forwards an assessment and recommendation as to whether the child or adolescent
may be appropriately placed in foster care or, if due to severe emotional disturbance,
is more appropriate for group care; provided further, that the department, in
consultation with the department of mental health, shall establish guidelines
to assist that latter department in making such assessments and recommendations;
provided further, that the department shall pursue the development of a comprehensive
program for education and training of social workers and other department employees;
provided further, that the program shall be developed in collaboration with
the Center for Adoption Research and Policy at the University of Massachusetts
Medical School and Salem State College; provided further, that this program
shall be designed to maximize available reimbursements under Title IV-E of the
Social Security Act and shall rely to the maximum extent possible upon funding
sources other than the commonwealth; and provided further, that unless otherwise
authorized, all funds including federal reimbursements received by the department
shall be credited to the General
Fund ........... $61,874,176
4800-0025
For foster care review services ..................................................................................................
$2,486,972
4800-0036
For a sexual abuse intervention network program to be administered in conjunction
with the district attorneys ...$701,232
4800-0038
For stabilization, unification, reunification, permanency, adoption, guardianship,
and foster care services provided by the department of social services; provided
further, that services funded through this item shall include shelter services,
substance abuse treatment, family reunification networks, young parent programs,
parent aides, education and counseling services, family preservation services,
foster care, adoption and guardianship subsidies, tiered reimbursements used
to promote the foster care placement of children with special medical and social
needs, assessment of the appropriateness of adoption for children in the care
of the department for more than 12 months, protective services provided by partnership
agencies, targeted recruitment and retention of foster families, respite care
services, post-adoption services, support services for foster, kinship and adoptive
families and juvenile firesetter programs; provided further, that the department
shall report monthly to the house and senate committees on ways and means on
the number of clients served, the cost per unit of service and any available
information on the outcome of services provided for each program funded from
this item; provided further, that service providers shall provide the department
with all information necessary to allow the completion of these reports; provided
further, that not later than February 17 of the current fiscal year the department
shall provide to the house and senate committees on ways and means a recommendation
on whether or not to discontinue any program, including earmarked programs,
whose cost per unit of service or service outcomes do not fall within a reasonable
standard; provided further, that not less than $250,000 shall be expended for
a contract for an integrated family services team in region 6; provided further,
that not less than $298,000 shall be expended for alternative schools for students
aged 14 to 16, inclusive, who are placed before the court on child in need of
services petitions in region 6; provided further, that not less than $130,000
shall be expended for the Children's Cove Cape and Islands Child Advocacy Center;
provided further, that $50,000 shall be expended for the purpose of providing
case management services for the Amity Transitional Housing Program in the city
of Lynn; provided further, that the department shall expend $348,850 for Latinas
y Ninos and Casa Esperanza, to implement a family stabilization and reunification
program; provided further, that not less than $150,000 shall be expended for
a contract with Julie's Family Learning Program in the South Boston section
of the city of Boston; provided further, that not less than $104,123 shall be
expended for the school age parenting project at Framingham high school; provided
further, that not more than $35,000 shall be expended by the Framingham office
of the department of social services for the Metrowest Campership program operated
by the Ashland youth advisory board in partnership with the department; provided
further, that not less than $200,000 shall be expended for a statewide contract
with the Sport in Society's mentors in violence prevention and conflict resolution
program; provided further, that not less than $15,000 shall be expended for
a contract with child and family services of Cape Cod for the court diversion
program; provided further, that not less than $30,000 shall be expended for
a contract with Big Brothers and Sisters of Cape Cod and the Islands; provided
further, that the department shall expend a sum of not more than $48,000 in
region 1 for a community-based family unification counseling program to prevent
juvenile delinquency; provided further, that not more than $140,000 shall be
expended for the Comprehensive School-Age Parenting Program, Inc. for expansion
of a year-round school based program in Boston high schools and middle schools
for pregnant teens, young mothers and fathers and other youth at high risk for
school drop out; provided further, that not less than $200,000 shall be provided
to support the family center component of the Greater Lowell Family Resource
Center; and provided further, that $450,000 shall be expended for a contract
with Massachusetts Families for Kids ...............$242,282,151
General Fund ........................................................................................... 85.62%
Social Services Fund ................................................................................ 14.38%
4800-0041
For group care services; provided, that funds may be expended from this item
to provide intensive community based services to children who would otherwise
be placed in residential settings; provided further, that the department shall
form area review teams that shall evaluate the feasibility of maintaining the
child in the community in this manner wherever possible before recommending
placement in a residential setting; provided further, that the department shall
maintain a managed care network for the commonworks program; provided further,
that the department shall collaborate with the departments of education, mental
health, youth services, the operational services division and any other interested
agencies in the commonwealth to consider available options for increasing consistency
among and imposing uniform controls upon reimbursement rates for special education
programs authorized under chapter 71B of the general laws; provided further
that the department shall report to the house and senate committees on ways
and means not later than December 15, 2002 on the findings of this collaboration;
provided further, that the previously mentioned parties shall also collaborate
with the Massachusetts association of chapter 766 approved private schools to
consider available options for increasing program capacity to decrease department
referral admission waiting lists and increasing consistency in staff compensation
and retention; and provided further, that not less than $850,000 shall be expended
for the Assessment for Safe and Appropriated Placement program for sexually
aggressive children, including not less than $140,000 for the expenses of one
full-time administrative assistant, one half-time researcher and associated
costs .................$217,242,870
General Fund ................................................................................................... 85.79%
Social Services Fund ........................................................................................ 14.21%
4800-0151
For a program to provide alternative overnight nonsecure placements for status
offenders and nonviolent delinquent youths up to the age of 17 in order to prevent
the inappropriate use of juvenile cells in police stations for such offenders,
in compliance with the federal Juvenile Justice and Delinquency Prevention Act
of 1974, as amended; provided, that the programs which provide such alternative
nonsecure placement 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 ................................$766,085
4800-1100
For the AA subsidiary costs of the department's social workers; provided, that
funds shall be directed toward mitigating social worker caseloads in those area
offices furthest above the statewide weighted caseload standard and toward achieving
a social worker caseload ratio of 18 to 1 statewide; provided further, that
the department shall report monthly to the house and senate committees on ways
and means on the current social worker caseloads by type of case and level of
social worker assigned to cases, the caseload ratio of each social worker with
a caseload ratio in excess of 18 to 1, the office in which each of the social
workers works and the total number of social workers in excess of the 18 to
1 ratio by region; provided further, that only employees of bargaining unit
8 as identified in the Massachusetts personnel administrative reporting and
information system shall be paid from this item; and provided further, that
any other payroll or administrative expenses associated with the management
or support of such employees shall be paid from
item 4800-0015 ........................... $124,638,679
4800-1400
For shelters and support services for women and children at risk of domestic
violence, including supervised visitation programs; 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 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 statewide
domestic violence hotline; provided further, that not less than $50,000 shall
be expended for the On The Rise shelter for homeless women in Cambridge; and
provided further, that not less than $65,205 shall be expended for the North
Quabbin Domestic Violence Initiative; provided further, that not less than $10,000
shall be expended for the Melrose Alliance Against Violence; provided further,
that not less than $110,850 shall be expended for the New England Learning Center
for Women in Transition; and provided further, that not more than $750,000 shall
be provided for the operation of the New Chardon Street Home for Women in the
city of Boston ..................................................... $17,020,187
General Fund ............................................................................................. 2.00%
Social Services Fund .................................................................................. 98.00%
4800-1500
For domestic violence prevention specialists in the department's area offices;
provided, that expenditures from this item shall not exceed the amount appropriated
in this item .........................................................................
$383,638
General Fund ......................................................................................... 7.69%
Social Services Fund .............................................................................. 92.31%
Department of Mental Health.
5011-0100
For the operation of the department; provided, that the department shall not
refer or discharge a child or adolescent to the custody or care of the department
of social services until the department of mental health forwards its assessment
and recommendation as to whether the child or adolescent is appropriate for
foster care or, if due to severe emotional disturbance, is more appropriate
for group care; and provided further, that funds shall be expended for a suicide
prevention outreach coordinator, who shall work in consultation with the departments
of public health, education, youth services, and social services, as well as
groups representing students in the commonwealth including, but not limited
to, the Massachusetts superintendents association to develop and implement comprehensive
suicide, education, outreach and prevention programs, including the activities
specified in item 4513-1026. ...................... $38,482,032
5042-5000
For child and adolescent services, including the costs of psychiatric and related
services provided to children and adolescents, determined to be medically ready
for discharge from acute hospital units or mental health facilities and who
are experiencing unnecessary delays in being discharged due to the lack of more
appropriate settings; provided, that for the purpose of funding those services,
the commissioner of mental health may allocate funds from the amount appropriated
herein to other departments within the executive office of health and human
services; provided further, that said department shall submit a report to the
house and senate committees on ways and means not later than January 15, 2003
on the results of the collaboration between said department and the other departments
within the executive office of health and human services; provided further,
that said report shall detail the current status of the implementation of clinically
appropriate service models for that population of children and adolescents,
remaining disparities in the service system which require children and adolescents
to be served in unnecessarily restrictive or otherwise clinically inappropriate
settings and changes during fiscal years 2001 and 2002 in the clinical acuity
of children and adolescents; provided further, that not less than $4,401,180
shall be expended for 38 intensive residential treatment beds and wrap around
services for children under the care of the department of social services, and
in need of intensive clinical treatment; provided further, that not less than
$336,825 shall be expended to provide a licensed mental health professional
for each of the 6 regions within the department of social services to serve
as clinical care coordinators; provided further, that not less than $3,413,160
shall be expended for 36 community and intensive residential treatment beds
for children who meet the department of mental health's eligibility requirements;
provided further, that $85,329 shall be provided for specialized psychiatry
services; provided further, that not less than $80,000 shall be expended to
create outpatient treatment groups that can be maintained in spite of fluctuating
enrollment, including anger management, abuse survivor, and cognitive/behavior
groups, for children with sexual behavior problems; provided further, that such
groups shall be distributed as evenly as possible across the commonwealth and
that priority for admission to such groups shall be given to children identified
through the assessment for safe and appropriate placement (ASAP) program for
sexually aggressive children; and provided further, that not less than $1,800,000
shall be expended from this item in fiscal year 2003 to ensure that a licensed
practitioner or a licensed nurse administers medication to children and adolescents
whose mental health services are delivered by public or private providers of
such services ....................................... $65,738,383
General Fund ............................................................................................... 97.26%
Tobacco Settlement Fund ............................................................................. 2.74%
5046-0000
For adult mental health and support services; provided, that the department
shall allocate funds in an amount not to exceed $5,000,000 from item 5095-0015,
to this item, as necessary, pursuant to allocation plans submitted to the house
and senate committees on ways and means 30 days prior to any such transfer,
for residential and day services for clients formerly receiving care at department
facilities; and provided further, that the department shall report to the house
and senate committees on ways and means on the distribution of funds per adult
and child planning population, so-called, and the types of services received
in each region for fiscal year 2003 not later than February 1, 2003 .......
$264,042,219
5046-2000
For homelessness services; provided, that not less than $100,000 shall be expended
for the provision of health services to the homeless and uninsured by Primary
Care & Mental Health, Inc., located in the city of Lynn ........ $22,172,086
5046-4000
The department of mental health may expend revenues collected up to a maximum
of $125,000 from occupancy fees charged to the tenants in the creative housing
option in community environments, the CHOICE program authorized by chapter 167
of the acts of 1987; provided, that all such fees collected shall be expended
for the routine maintenance and repair of facilities in the CHOICE program including
the costs of personnel ........................................$125,000
5047-0001
For emergency service programs and acute inpatient mental health care services;
provided, that the department shall continue an interagency service agreement
with the division of medical assistance for the purchase of said services and
for such other services as said agreement may provide, including, but not limited
to, acute inpatient care and diversionary services; provided further, that the
most recent savings projection from the implementation of said agreement may
be expended for community services in the MM subsidiary, so-called, of this
item; provided further, that said emergency service programs shall take all
reasonable steps to identify and invoice the third party insurer of all persons
serviced by said programs; provided further, that the department shall report
to the house and senate committees on ways and means not later than January
30, 2003, on the utilization of said emergency programs and acute inpatient
beds by clients of the department during each month of fiscal year 2002; provided
further, that said report shall detail the number of clients of the department
determined to be eligible for the medicaid program during fiscal year 2002;
and provided further, that said report shall detail expenditures made by the
division of medical assistance on behalf of clients of the department and those
uninsured persons not deemed to be clients of said department from the amounts
appropriated in item 5047-0001 of chapter 177 of the acts of 2001 during fiscal
year 2002 for said acute inpatient care and emergency
services..............................................$31,173,620
5047-0002
Notwithstanding any general or special law to the contrary, the department may
expend revenues on continuing care services in the community in an amount not
to exceed $6,000,000 from increased federal reimbursements collected for services
rendered in emergency programs and acute inpatient and diversionary settings;
provided, that not less than an additional $1,000,000 from the reimbursements
shall be deposited in the General Fund by the close of fiscal year 2003; provided
further, that upon such deposit, the secretary of administration and finance
shall certify in writing to the house and senate committees on ways and means
that the amount has been deposited into the General Fund; provided further,
that for the purpose of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payments amounts not to exceed the lower of this
authorization or the most recent revenue estimate as reported in the state accounting
system; and provided further, that the department shall submit a report to the
house and senate committees on ways and means not later than February 3, 2003
detailing the use of any funds encumbered or expended from this item including,
but not limited to, the number of clients served, the types of services purchased
by region and the annualized impact of the expenditures in the subsequent fiscal
year .............................................. $6,000,000
5055-0000
For forensic services provided by the department .......................................................................
$6,074,464
5095-0015
For the operation of adult inpatient facilities, including the community mental
heath centers; provided, that in order to enhance care within available resources
to clients served by the department, the department shall take steps to consolidate
or close psychiatric hospitals managed by the department and shall endeavor
within available resources to discharge clients residing in the inpatient facilities
to residential services in the community when the following criteria are met:
1) the client is deemed clinically suited for a more integrated setting; 2)
community residential service capacity and resources available are sufficient
to provide each client with an equal or improved level of service; and 3) the
cost to the commonwealth of serving the client in the community is less than
or equal to the cost of serving the client in inpatient care; provided further,
that the department shall report to the joint committee on human services and
the house and senate committees on ways and means on the progress of this initiative;
provided further, that the report shall include: the number of clients transferred
from inpatient care into the community, the community supports provided to clients
discharged from inpatient care into the community and the current inpatient
bed capacity relative to the number of clients in psychiatric hospitals managed
by the department; provided further, that the department shall submit the report
not later than February 15, 2003; and provided further, that the department
may allocate funds in an amount not to exceed $5,000,000 from this item to item
5046-0000, as necessary, pursuant to allocation plans submitted to the house
and senate committees on ways and means 30 days prior to any such transfer,
for residential and day services for clients formerly receiving inpatient care
at the centers and facilities ...................... $168,085,196
5095-0016
For a one-time payment for the consolidation of the Medfield State Hospital;
provided, that funds from this item shall be expended to establish not less
than five Program of Assertive Community Treatment (PACT) teams, so-called;
provided further, that the department of mental health shall report to the house
and senate committees on ways and means not later than March 15, 2003, detailing
the number of clients being served in community residential settings by said
five PACT teams; and provided further, that the department of mental health
shall not request appropriation for the annualization of these funds in fiscal
year 2004 ...................................................................................................
$3,600,000
Tobacco Settlement Fund ............................................................................ 100.00%
Department of Mental Retardation.
5911-1000
This item was reduced by the acting Governor
For the administration of the department of mental retardation; provided, that
the department is hereby authorized and directed to conduct an investigation
as to the distribution of funds among regions and report such findings to the
house and senate committees on ways and means not later than January 15, 2003;
and provided further, that such findings shall include, but not be limited to,
any adjustments to formulas or other factors needed to provide the equitable
distribution of regional funding .......................................................................................... $13,604,870 $13,404,870
5911-1210
For the costs of certifying direct care employees of private human services
providers that deliver services under contract with the department of mental
retardation in pharmaceutical administration .........................................
$437,451
5911-2000
This item was reduced by the acting Governor
For transportation costs associated with the adult services program; provided,
that the department shall provide transportation on the basis of priority of
need as determined by the department; and provided further, that not less than
$109,522 shall be expended from this item for the life focus center in the Charlestown
section of the city of
Boston .................................................................$16,708,746 $14,708,746
5920-1000
For the operation of regional and area offices of the department; provided,
that the department shall submit a semi-annual report to the house and senate
committees on ways and means detailing the total number of service coordinators
within the department, the number of consumers served by said coordinators,
and the amount of time spent per month per consumer ....................................................................
$50,724,936
5920-2000
This item was reduced by the acting Governor
For vendor-operated community-based residential adult services and for $9,520,000
in annualized funding for turning 22 clients who began receiving the services
in fiscal year 2002 pursuant to item 5920-5000 of section 2 of chapter 177 of
the acts of 2001; provided, that $9,625,000 shall be expended for the fiscal
year 2002 annualized cost of the settlement agreement Rolland vs. Cellucci,
so-called, and $4,800,000 shall be expended for the fiscal year 2003 cost of
the settlement; provided further, that the commissioner of the department of
mental retardation is hereby authorized and directed to transfer funds from
this item to item 5920-2010, as necessary, pursuant to an allocation plan, which
shall detail by subsidiary the distribution of said funds to be transferred
and which said commissioner shall file with the house and senate committees
on ways and means 15 days prior to any such transfer; provided further, that
not more than $5,000,000 shall be transferred from this item in fiscal year
2003; provided further, that an additional $304,000 shall be expended on a contract
with Work, Inc., for enhance or expended services to clients; and provided further,
that not less than $500,000 shall be expended for Best Buddies Massachusetts
......................... $429,031,101 $427,948,101
5920-2010
For state-operated community-based residential services for adults, including
community-based health services for adults; provided, that the department shall
maximize federal reimbursement, whenever possible under federal regulation,
for the direct and indirect costs of services provided by the employees funded
in this item ................................ $107,929,376
5920-2020
For compliance with the terms of the Settlement Agreement, dated December 19,
2000, and entered into by the parties of Boulet v. Cellucci, Civil Action No.
99-CV-10617-DPW, filed in the United States District Court of Massachusetts
in order to provide services to the clients of the department on the waiting
list on July 14, 2000; provided further, that notwithstanding paragraph 41 of
the Settlement Agreement for Boulet, et al v. Cellucci, et al, civil action
No. 99-CV-10617-DPW, United States District Court of Massachusetts, no amount
appropriated herein shall fund attorneys' fees for the above-referenced action;
provided further, that the department shall submit copies of the quarterly reports
required by Section G of said Settlement Agreement to the house and senate committees
on ways and means; and provided further, that any names and other identifying
personal information contained in said quarterly reports shall be redacted from
the reports prior to their submission to the committees on ways and means in
order to preserve the confidentiality of said information .................................
$36,500,000
5920-2025
This item was reduced by the acting Governor
For community-based day and work programs for adults and for $2,720,000 in annualized
funding for turning 22 clients who began receiving services in fiscal year 2002
pursuant to item 5920-5000 of section 2 of chapter 177 of the acts of 2001;
provided, that not less than $302,000 shall be expended for the life focus center
in the Charlestown section of the city of Boston, including on alternative work
program ........................... $105,138,598 $104,479,308
5920-3000
This item was reduced by the acting Governor
For respite services and intensive family and individual supports and for $1,360,000
in annualized funding for turning 22 clients who began receiving services in
fiscal year 2002 pursuant to item 5920-5000 of section 2 of chapter 177 of the
acts of 2001; provided, that the department shall pursue the highest rates of
federal reimbursement possible for such services ........................................ $62,897,718 $62,239,428
5920-5000
For services for clients of the department who turn 22 years of age during state
fiscal year 2003; provided, that the amount appropriated herein shall not annualize
to more than $13,600,000 in fiscal year 2004; provided further, that the department
shall report to the house and senate committees on ways and means not later
than January 1, 2003, 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; provided further, that nothing
herein shall give rise to enforceable legal rights in any party or an enforceable
entitlement to the services funded herein; and provided further, that nothing
stated herein shall be construed as giving rise to such enforceable legal rights
or such enforceable
entitlement ............................... $6,467,670
5930-1000
This item was reduced by the acting Governor
For the operation of facilities for the mentally retarded, including the maintenance
and operation of the Glavin regional center; provided, that in order to enhance
care within available resources to clients served by the department, the department
shall take steps to consolidate or close intermittent care facilities for the
mentally retarded, 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 when the following criteria are met: 1) the client
is deemed clinically suited for a more integrated setting, 2) community residential
service capacity and resources available are sufficient to provide each client
with an equal or improved level of service and, 3) the cost to the commonwealth
of serving the client in the community is less than or equal to the cost of
serving the client in ICF/MRs; provided further, that the department shall report
to the joint committee on human services and the house and senate committees
on ways and means on the progress of this initiative; provided further, that
the report shall include: the number of clients transferred from facility care
into the community, the community supports provided to clients discharged from
facility care into the community and the current facility bed capacity relative
to the number of clients in ICF/MRs managed by the department; provided further,
that the department shall submit the report no later than February 15, 2003;
provided further, that the commissioner of mental retardation shall transfer
funds from this item to items 5920-2000 and 5920-2025, as necessary, pursuant
to an allocation plan, which shall detail by subsidiary and contract the distribution
of the funds to be transferred and which the commissioner shall file with the
house and senate committees on ways and means 15 days prior to any such transfer;
provided further, that not more than $3,000,000 shall be transferred from this
item in fiscal year 2003; provided further, that the department shall provide
an appropriate level of campus security at the Dever development center in Taunton,
as well as maintaining the buildings of the core campus to prevent deterioration
and ensure preservation of the buildings, until such time as the property is
declared surplus to its needs or is transferred from the department's control
in accordance with the Dever reuse plan as approved by the Dever reuse commission
and on file with the house and senate committees on ways and means; and provided
further, that the department shall maximize federal reimbursement, whenever
possible under federal regulation, for the direct and indirect costs of services
provided by the employees funded in this
item ......................................................................... $162,581,181 $162,481,181
5982-1000
The department of mental retardation may expend an amount not to exceed $100,000
accrued through the sale of milk and other farm-related and forestry products
at the Templeton Developmental Center for program costs of the center, including
supplies, equipment and maintenance of the facility; provided, that notwithstanding
any general or special law to the contrary, and for the purpose of accommodating
timing discrepancies between the receipt of retained revenues and related expenditures,
said department may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate therefore as reported in the state accounting system ......................................
$100,000
EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Office of the Secretary.
6000-0100
For the office of the secretary of transportation and construction; provided,
that the office shall collaborate with the department of transitional assistance
in its efforts to develop a program of transportation services for current and
former recipients of the transitional aid to families with dependent children
program pursuant to item 4401-1000; provided further, that said office shall
submit to the joint committee on transportation and the house and senate committees
on ways and means monthly reports detailing projects funded through the statewide
transportation improvement program including, but not limited to, the location
of the projects, the cost of the projects, the date of advertisement of the
projects, the commencement date of the projects, the projected completion date
of the projects and the source of funds for the projects; provided further,
that said office shall also provide the committees with quarterly reports detailing
construction and reconstruction projects on town and county ways as described
in paragraph (a) of clause (2) of the first paragraph of section 34 of chapter
90 of the General Laws for which municipalities are projected to seek, have
filed claims or have been paid state reimbursement; provided further, that a
city or town shall comply with the procedures established by said secretary
to obtain the necessary information to produce the reports; provided further,
that the reports shall include, but not be limited to, the cost of the projects
by city or town, the source of funding of the projects by city or town and the
commencement and completion dates of the projects by city or town; provided
further, that the secretary of the executive office of transportation and construction
in collaboration with the commissioner of highways shall file a report each
year with the joint committee on transportation and the house and senate committees
on ways and means by June 30, 2003 and the last day of each subsequent fiscal
year; provided, that the report shall include spending in the commonwealth through
the statewide road and bridge program, the Chapter 90 program, the Small Town
Road Assistance Program and all other programs expending funds for road and
bridge projects within the commonwealth; provided further, that the report shall
detail the location of the project by city or town, a brief project description,
the project cost, the expected completion date, the source of funding and any
other information deemed necessary; provided further, that said office shall
submit to the house and senate committees on ways and means quarterly reports
detailing all personnel-related expenditures made from capital funds; provided
further, that the reports shall delineate for the executive office and for each
agency, board, authority or commission under its control, the amounts paid in
the prior quarter as compensation for each type of position assigned to capital
projects that were charged to each such funding source; provided further, that
the reports shall also delineate by funding source any other amounts paid for
personnel-related costs that were charged to those funds, including payroll
allocations for budgetary employees, fringe recovery and other chargebacks;
provided further, that the reports shall identify the number of full time equivalent
personnel classified in each position type; provided further, that the reports
shall list all employees who are paid from this item and items 6010-0001, 6010-1000
and 6006-0003 who also receive payments from any capital funds; provided further,
that the reports shall include for each of those employees how much money the
employees receive from the items and how much money each employee receives from
any capital funds; provided further, that the reports shall delineate said information
for full time employees, part-time employees and contracted personnel ...................................
$191,636
Highway Fund ........................................................................................ 100.00%
6000-0110
The executive office of transportation and construction may expend, for the
purpose of property management and maintenance of railroad properties owned
by said executive office on behalf of the commonwealth, including the cost of
personnel, an amount not to exceed $27,344 from the rents and fees received
pursuant to section 4 of chapter 161C of the General Laws ............................................................................................................................
$27,344
6005-0015
For certain assistance to the regional transit authorities, including operating
grants and reimbursements to increase the accessibility of transit provided
to the elderly and disabled under the mobility assistance program, the regional
transit authority program, and the inter-city bus capital assistance program;
provided, that the commonwealth, acting by and through the executive office
for administration and finance, for the period beginning July 1, 2002 and ending
June 30, 2003, may enter into contracts with the authorities; provided further,
that notwithstanding the provisions of section 152A of chapter 161, and of section
23 of chapter 161B of the General Laws, at least 50 per cent and up to 75 per
cent of the net cost of service of each authority incurred in fiscal year 2002
shall be paid by the commonwealth, and shall not be assessed upon the cities
and towns constituting the authorities; provided further, that the share assessed
upon said cities and towns shall be at least 25 per cent of said net cost of
service; provided further, that in the event that 25 per cent of said net cost
of service of each authority exceeds 102.5 per cent of the previous year's local
assessment, excluding payments made by cities and towns for the costs of new
service, for which said cities and towns have not previously been assessed,
as allowed by chapter 580 of the acts of 1980, the regional transit authority
shall reduce its operating expenses or increase its revenues to meet the difference;
provided further, that operating expenditures of each of the regional transit
authorities for fiscal year 2003 shall not exceed 102.5 per cent of its operating
expenditures for fiscal year 2002; provided further, that for the purposes of
this item operating expenditures shall not include federal, private or additional
municipal non-state revenue sources or any expenses arising from the provision
of services required by the Americans with Disabilities Act, or new services
implemented after July 1, 1999 in an amount not to exceed a total of $3,613,905
for the 15 regional transit authorities; provided further, that said new services
must have first received approval of the appropriate regional transit authority
advisory board; provided further, that not less than 25 per cent of the net
cost of service of said new services shall be assessed to the cities and towns
of the appropriate transit authority, as detailed previously in this item; provided
further, that each regional transit authority which provides said new services
must file a report with the house and senate committees on ways and means and
the joint committee on transportation, detailing the total costs and revenues
associated with said new service; provided further, that the cost of said new
services shall not annualize to more than $3,613,905; provided further, that
not later than January 1, 2003, each of the 15 regional transit authorities
shall submit to the house and senate committees on ways and means a report detailing
any and all revenues collected as a result of services provided pursuant to
item 4401-1001; provided further, that the regional transit authorities shall
implement structural, managerial and administrative reforms in order to achieve
cost savings in services provided by said authorities; provided further, that
said reforms shall include, but not be limited to, improved financing procedures
for capital needs, approved plans for short- and long-term service, a coordinated
program of mass transportation for the regional transit authorities that provides
standards of service for said authorities for types of service, passenger miles,
hours of service, cost of service by route and mile and passenger, non-transportation
revenue and system revenue generating options included, but not limited to,
fare revenue and advertising revenue, assessments on member cities and towns,
net operating investment per passenger-mile ratio and service quality standards;
provided further, that said program shall involve an approach to service coordinated
with the Massachusetts Bay Transportation Authority and other transit providers
in order to achieve maximum efficiency of regional transit authority service
routes; provided further, that all regional transit authorities shall achieve
the fair recovery ratio of 40 percent within 48 months from the effective date
of this act; and provided further, that the Massachusetts Association of Regional
Transit Authorities shall on or before November 15, 2002, report to the joint
committee on transportation and the house and senate committees on ways and
means on the operations of said authorities in the first half of fiscal year
2003, and focus said report on said reforms and
improvements ...................................
$42,226,834
Local Aid Fund ................................................................................... 40.00%
General Fund ...................................................................................... 40.00%
Highway Fund .................................................................................... 20.00%
Massachusetts Aeronautics Commission.
6006-0003
For the administration of the commission, including the expenses of the commissioners
................ $592,505
Local Aid Fund ......................................................................................... 100.00%
Department of Highways.
6010-0001
For personnel costs of the department of highways, for certain administrative
and engineering expenses and equipment of the highways commission, the office
of the commissioner of highways, the division of administrative services, highway
engineering, highway maintenance, highway construction, the outdoor advertising
board, district and other highway activity offices, materials, supplies, fleet
maintenance and equipment, general maintenance and equipment and the maintenance
and operation of state highways and bridges; provided, that no funds from this
item shall be expended for the DD subsidiary costs appropriated in item 6010-1000;
provided further, that funds appropriated in this item shall be the only source
of funding for overtime expenses associated with the department's snow and ice
control efforts; provided further, that notwithstanding any general or special
law to the contrary the department is hereby authorized to expend from capital
authorizations amounts necessary to cover operational costs of the department
in excess of amounts appropriated in this item to ensure that adequate staffing
levels are maintained to support the services and programs offered by the department;
provided further, that the department shall develop a plan to phase into the
budgetary appropriation all personnel costs expended from capital authorizations
after June 30, 2002; provided further, that the phase in of these costs shall
be complete by June 30, 2004; provided further, that the department shall file
quarterly reports with the house and senate committees on ways and means detailing
all amounts expended on bond-funded capital projects under the jurisdiction
of the department, and for all administrative and personnel expenses of the
department charged to such bonds; provided further, that such reports shall
be filed not later than 30 days after the end of each quarter; provided further,
that notwithstanding any administrative bulletin or general or special law to
the contrary, the department shall not pay any fees charged for the leasing
or maintenance of vehicles to the division of operational services; provided
further, that the department shall not be subject to section 36A of chapter
30 of the General Laws and section 22 of chapter 7 of the General Laws, but
shall submit to the secretary of transportation and construction for approval
requests to repair vehicles costing in excess of the limit set forth in said
section 22 of said chapter 7; provided further, that the department shall provide
the house and senate committees on ways and means a quarterly report of repairs
requiring said secretary's approval; provided further, that notwithstanding
any general or special law to the contrary, the department of highways, in furthering
cost effective management of the commonwealth's infrastructure, may implement
a statewide corrosion mitigation program utilizing electrochemical corrosion
passivation or chloride extraction treatment of steel reinforced concrete structures,
as a means of stopping existing corrosion and monitoring and preventing the
initiation of new corrosion; provided further, that the electrochemical corrosion
passivation or chloride extraction treatment method that may be utilized, which
uses an anode system temporarily installed on the surface of the concrete, to
facilitate the passing of a continuously monitored, and unequally adjusted,
low voltage DC current to the steel reinforcement for the purpose of eliminating
differentials on the surface potentials on the steel reinforcement; provided
further, that the department of highways may amend its contractor prequalification
program to include a new class of work for this specialty infrastructure repair
process; provided further, that the department shall report to the joint committee
on transportation and the chairmen of the house and senate committees on ways
and means on the program method's safety to structures and the environment,
cost effectiveness, effectiveness in eliminating new corrosion, and effectiveness
in stopping existing corrosion; and provided further, that said report shall
be due no later than February 1, 2003; .....................$24,049,112
Highway Fund .................................................................................... 100.00%
6010-1000
For the costs of routine highway maintenance provided by private and union workers
in contract areas, 1A, 1B, 2A, 2B, 3A, 3B, 3C, 4A, 4B, 4C, 4D, 5A, 5B, and 5C
and for costs associated with police services and overtime within said areas;
provided, that $90,000 shall be made available for all contractual contingency
costs associated with highway maintenance in said areas; provided further, that
the department shall submit quarterly reports to the house and senate committees
on ways and means detailing for each contract area expenditures for the costs
of contractual contingency fees, personnel, police services, overtime, materials,
and vehicle repair; and provided further, that notwithstanding any general or
special law to the contrary the department is hereby authorized to expend from
capital authorizations amounts necessary to cover operational costs of the department
in excess of amounts appropriated in this item to ensure that adequate staffing
levels are maintained to support the services and programs offered by the department;
provided further, that the department shall develop a plan to phase into the
budgetary appropriation all personnel costs expended from capital authorizations
after June 30, 2002; provided further, that the phase in of these costs shall
be complete by June 30, 2004; provided further, that the department shall file
quarterly reports with the house and senate committees on ways and means detailing
all amounts expended on bond-funded capital projects under the jurisdiction
of the department, and for all administrative and personnel expenses of the
department charged to such bonds; provided further, that such reports shall
be filed not later than 30 days after the end of each quarter .................................................................
$16,870,708
Highway Fund .............................................................................. 100.00%
BOARD OF LIBRARY COMMISSIONERS.
7000-9101
For the operation of the board of library commissioners .............................................................
$1,036,322
Local Aid Fund .................................................................................... 100.00%
7000-9401
For state aid to regional public libraries; provided, that the board of library
commissioners may provide quarterly advances of funds for purposes authorized
by clauses (1) and (2) of section 19C of chapter 78 of the General Laws, as
it deems proper, to regional public library systems throughout each fiscal year,
in compliance with the office of the comptroller's regulations on state grants,
815 CMR 2.00; provided further, that notwithstanding said section 19C of said
chapter 78 or any other general or special law to the contrary, the Boston Public
Library shall, as the library of last recourse for reference and research services
for the commonwealth, be paid from this item an amount equal to $1.06 per resident
in the commonwealth; provided further, that notwithstanding the provisions of
any general or special law to the contrary, no regional public library shall
receive any money under this item in any year when the appropriation of the
city or town where such regional public library is located is below an amount
equal to 102.5 per cent of the average of the appropriations for free public
library service for the three years immediately preceding; provided further,
that notwithstanding this item, the board of library commissioners may grant
waivers, in a number not to exceed one-tenth the number permitted pursuant to
the second paragraph of section 19A of said chapter 78, to any library not receiving
funds as a library of last recourse for a period of not more than one year;
and provided further, that notwithstanding any general or special law to the
contrary, in calculating the fiscal year 2003 distribution of funds appropriated
herein, the board of library commissioners shall employ population figures used
to calculate the fiscal year 2002 distribution ........$14,980,361
Local Aid Fund .......................................................................................... 100.00%
7000-9402
For the talking book library at the Worcester public library .........................................................
$318,777
Local Aid Fund ...................................................................................... 100.00%
7000-9406
For the braille and talking book library at Watertown, including the operation
of the machine lending
agency .................................. $1,628,550
Local Aid Fund ...................................................................................... 100.00%
7000-9501
For state aid to public libraries; provided, that notwithstanding any general
or special law to the contrary, no city or town shall receive any money under
this item in any year when the appropriation of the city or town for free public
library services is below an amount equal to 102.5 per cent of the average of
the appropriations for free public library service for the 3 years immediately
preceding; provided further, that notwithstanding this item, the board of library
commissioners may grant waivers permitted pursuant to the last paragraph of
section 19A of chapter 78 of the General Laws; provided further, that the board
of library commissioners may grant an additional 25 waivers in fiscal year 2003
to any library not receiving funds as a library of last recourse 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 under the guidelines
for the library incentive grant program; and provided further, that any payment
made under this item shall be deposited with the treasurer of the city or town
and held as a separate account and shall be expended by the public library of
such city or town without appropriation, notwithstanding any general or special
law to the contrary ...........$7,830,844
Local Aid Fund ............................................................................................. 100.00%
7000-9506
This item was reduced by the acting Governor
For the telecommunications expenses of automated resource sharing networks and
their member
libraries .................................... $3,366,718 $366,718
DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT.
7002-0100
For the administration of the department of labor and workforce development,
including the divisions under the control of the department; provided, that
funds shall be expended from this item for the deputy director of workforce
development; and provided further, that on January 4, 2003 and April 1, 2003,
said deputy director shall submit to the house and senate committees on ways
and means a comprehensive report describing in detail the job training services,
including labor exchange, skills training and remedial education services related
thereto which have been provided during the course of the fiscal year in the
commonwealth, describing the systems for delivery of such services, describing
the costs of such services and the sources of revenue for such services .............................................................
$324,752
7003-0601
For the at-risk youth program, including the costs of administration; provided,
that the commonwealth corporation shall submit a report to the house and senate
committees on ways and means on or before October 1, 2002 that shall include
a list of all contractors and subcontractors administering said program, the
amount allocated for fiscal year 2003 per contract, the year-to-date amount
expended for fiscal year 2003 per contract, the number of youth served per contract,
the hourly wage per youth per contract, the amount of matching funds leveraged
per contract, and the source of said matching funds; provided further, that
administrative costs shall not exceed 10 per cent of amounts awarded from this
item; provided further, that service levels shall be developed so as not to
exceed the appropriation made available herein; and provided further, that expenditures
made from this item shall be structured so that funding provided herein shall
not annualize to an amount greater than $1,000,000 in fiscal year 2004 ..................................................
$1,000,000
7003-0700
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For grants administered by the Commonwealth Corporation to secure employment,
training and counseling for workers; provided, that not less than $225,000 shall
be expended for the E-Team Machinist Training Program in the city of Lynn; provided
further, that $50,000 shall be expended to the Commonwealth Corporation to develop
a self sufficiency standard pursuant to section 211 of this act; provided further,
that not less than $75,000 shall be expended for the Western Massachusetts Enterprise
Fund microenterprise program as the supplemental match to conduct an entrepreneurial
training program to income eligible residents; provided further, that not less
than $150,000 shall be provided to the Workforce Investment Association of MA.
Inc., for the purpose of assisting its administrators, career center directors
and fiscal agents; and provided further, that not less than $150,000 shall be
provided to the Massachusetts Regional Employment Board Association, commonly
known as the Massachusetts Workforce Board Association, to support the activities
of the business, labor, education, youth councils and community members in leading
regional workforce development systems; and provided further, that not less
than $127,000 shall be expended for the employee involvement and ownership program (provided further, that not less than $75,000 shall be
provided to the Workforce Investment Association of MA, Inc., for the purpose
of assisting its administrators, career center directors and fiscal agents;
and provided further, that not less than $75,000 shall be provided to the Massachusetts
Regional Employment Board Association, commonly known as the Massachusetts Workforce
Baord Assocation, to support teh activities of business, labor, education, youth
councils and community members in leading regional workforce development systems).................... $777,000 $375,0200
7003-0701
For grants and technical assistance administrated by the division of employment
and training, pursuant to section 2RR of chapter 29 of the General Laws and
for the cost of collecting the assessment established in section 14L of chapter
151A of the General Laws; provided, that not more than $3,000,000 shall be expended
for direct technical assistance pursuant to clause (2) of subsection (b) of
said section 2RR of said chapter 29 ..........................
$18,000,000
Workforce Training Fund ................................................................... 100.00%
7003-0702
This item was reduced and language was striken by the
acting Governor
For one time grants to be administered by the department of labor and workforce
development; provided, that not more than $400,000 shall be expended for the
operation and maintenance of the Massachusetts biotechnology research institute
for the purpose of promoting the commercialization of new, academic based research
and development, and raising the scientific awareness of the communities of
the Commonwealth; provided further, that not less than $7,500 shall be provided
for the Bonnie Brae Camp in the city of Gardner; provided further, that
not less than $850,000 shall be expended on the Massachusetts Manufacturing
Extension Partnership; provided further, that not more than $542,075 shall be
expended on the Commonwealth Corporation; provided further, that not less than
$135,000 shall be expended for incumbent worker coordinators at the Massachusetts
AFL-CIO; provided further, that not more than $350,856 shall be expended on
the Re-Employment Services for Displaced Workers; provided further, that not
more than $125,000 shall be expended for the support of programs operated by
a Farm Worker's Organization serving low income persons and the Hispanic population
of Western Massachusetts; provided further, that not more than $1,810,000 shall
be expended on the operation of the Massachusetts state workforce investment
board and supporting associations to direct workforce development policy in
each region; provided further, that not more than $1,000,000 shall be expended
on the Massachusetts Service Alliance; provided further, notwithstanding any
general or special law to the contrary, not more than $700,000 shall be expended
on the Mystic Valley Development Commission; provided further, that not more
than $200,000 shall be expended on the Western Massachusetts Precision Institute;
provided further, that not more than $250,000 shall be expended on the Jackson-Appleton-Middlesex
Urban and Revitalization Development Project; provided further, that not more
than $250,000 shall be expended on the Lowell Acre Urban and Revitalization
Development Projects; provided further, that not less than $250,000 shall
be expended for job training and job placement services for homeless individuals
statewide through the MASS CAN program; provided further, that not more
than $139,590 shall be expended for the Just-A-Start Corporation; and provided
further, that not less than $195,000 shall be expended for 3 full-time equivalent
rapid response labor specialists at the Massachusetts AFL-CIO ..............$7,205,021 $6,372,521
Workforce Training Fund ........................................................................... 100.00%
7003-0803
For the one-stop career centers; provided, that not more than $2,750,000 shall
be expended for the one-stop career centers that were in existence on May 1,
1997 which are located in the Boston, Hampden county and the metro north service
delivery areas and any satellite offices thereof which opened on or before December
1, 1997; provided further, that each career center shall inform unemployed or
underemployed recipients of transitional aid to families with dependent children
benefits who seek assistance from such center of the full range of education
and training programs that are available to them, the availability of jobs in
the professions for which such programs prepare participants, and the average
wage rates in such professions within the commonwealth; provided further, that
such information shall encompass certified nurses aide training programs, job
availability and wage rates; and provided further, that not less than $1,000,000
shall be expended for one-stop career centers that opened after January 1, 1999
......................................... $3,750,000
Division of Apprentice Training.
7002-0101
For the operation of the apprentice training program; provided, that no position
in the apprentice training division shall be subject to chapter 31 of the General
Laws; provided further, that notwithstanding any general or special law to the
contrary, the deputy director shall require each apprentice entering into a
written agreement to submit an application to the division for an apprentice
identification card; provided further, that the application shall be accompanied
by a fee of $35 and paid by the apprentice or the program sponsor, together
with photographic prints as required by the deputy director; provided further,
that all revenues from fees charged for this identification card shall be deposited
into the General Fund; provided further that, an apprentice identification card
shall contain the photograph of the apprentice, the apprentice registration
number or such other number as the deputy director requires, the name and business
address of the appropriate apprenticeship committee or single employee sponsor,
the steps of progression and related dates applicable to the apprentice, and
the projected date on which the apprentice is projected to complete the apprenticeship;
provided further, that as a condition of his apprenticeship the apprentice shall
keep the apprentice identification card on his person during his hours of employment
during the apprenticeship; provided further, that any apprentice performing
work on a project or projects subject to this item shall maintain in his possession
an apprentice identification card; provided further, that any apprentice who
is determined by the deputy director to be un-enrolled in related classroom
instruction classes shall be paid at the journey level rate for the duration
of the public works project or projects; provided further, that for every week
in which an apprentice is employed by a contractor, subcontractor, or public
body subject to this section, a photocopy of said apprentice's apprentice identification
card, shall be attached to the records submitted under
this item ......................
$420,000
Division of Occupational Safety.
7002-0200
For the operation of the division of occupational safety; provided, that the
division may employ staff not subject to chapter 31 of the General Laws for
a program to evaluate asbestos levels in public schools and other public buildings;
provided, that $667,953 shall be expended from this item for the GG subsidiary
costs of the board of conciliation and arbitration, the division of apprentice
training, the labor relations commission and the division of occupational safety
........ $2,729,969
7002-0201
The division of occupational safety may expend an amount not to exceed $200,000
received from fees authorized and subject to section 212 of this act ..................................................................
$200,000
Division of Industrial Accidents.
7002-0500
This item was reduced by the acting Governor
For the operation and administrative expenses of the division of industrial
accidents; provided, that not less than $800,000 shall be expended for occupational
safety training grants; provided further, that said division shall submit a
report not later than February 1, 2003 to the house and senate committees on
ways and means detailing the scope, objective and results of such grant recipients'
safety training program; provided further, that funds appropriated in this item
in excess of the fiscal year 2002 spending level for such grants shall be a
one-time fiscal year 2003 expense; provided further, that the General Fund shall
be reimbursed the amount appropriated in this item and for associated indirect
and direct fringe benefit costs from assessments levied pursuant to section
65 of chapter 152 of the General Laws; provided further, that the division shall
assign a judge to hear cases in the county of Berkshire not less than once a
month; provided further, that not more than $150,000 shall be expended for the
division to offer online conciliation and conference dispute resolution services
through electronic arbitration; provided further, that on February 1, 2003 the
division shall submit to the house and senate committees on ways and means a
report projecting the annual savings to the Massachusetts workers' compensation
system under full implementation of an electronic arbitration program; and provided
further, that the treasurer may release to the division, subject to adequate
and appropriate documentation of the need, to the workers' compensation advisory
council and the affirmative vote of at least 7 members of the workers' compensation
advisory council, sufficient funds from the special reserve account established
in clause (c) of subsection (4) of section said 65 of said chapter 152 to pay
for expenses to continue expansion of the conversion of the agency's computer
system from unify to oracle ........................................................................... $18,532,631 $18,382,631
Labor Relations Commission.
7002-0600
For the operation of the labor relations commission ....................................................................
$934,448
Joint Labor Management Committee.
7002-0700
This item was reduced by the acting Governor Overridden by the Legislature
For the operation of the joint labor management committee ........................................................
$259,858
Board of Conciliation and Arbitration.
7002-0800
For the operation of the board of conciliation and arbitration ......................................................
$717,387
Department of Housing and Community Development.
7004-0099
For the operation of the department of housing and community development; provided,
that notwithstanding any general or special law to the contrary, the department
may make expenditures for the purposes of the department against federal grants
for certain direct and indirect costs pursuant to a cost overhead allocation
plan approved by the comptroller; provided further, that the comptroller shall
establish and designate an account on the Massachusetts management accounting
and reporting system for the purpose of making such expenditures; provided further,
that expenditures made against the account shall not be subject to appropriation
and may include the cost of personnel; provided further, that the department
shall submit quarterly reports to the house and senate committees on ways and
means on object code expenditures made against the account; provided further,
that notwithstanding the provisions of any general or special law, rule, or
regulation to the contrary, the department of housing and community development
may conduct annual verifications of household income levels based upon state
tax returns for the purposes of administering the state and federal housing
subsidy programs funded in items 7004-9004, 7004-9005, 7004-9009, 7004-9030,
7004-9011, 7004-9014, 7004-9019, 7004-9020, and 7004-9024; provided further,
that as a condition of eligibility or continued occupancy by an applicant or
a tenant, said department may require disclosure of the social security number
of an applicant or tenant and members of such applicant's or tenant's household
for use in verification of income eligibility; provided further, that said department
is hereby authorized to deny or terminate participation in subsidy programs
for failure by an applicant or a tenant to provide a social security number
for use in verification of income eligibility; provided further, that said department
may also consult with the department of revenue, the department of transitional
assistance or any other state or federal agency which it deems necessary to
conduct such income verification; provided further, that notwithstanding the
provisions of any general or special law to the contrary, such state agencies
shall consult and cooperate with said department and furnish any information
in the possession of said agencies including, but not limited to, tax returns
and applications for public assistance or financial aid; provided further, that
for the purposes of conducting such income verification, the director of said
department may enter into an interdepartmental service agreement with the commissioner
of revenue to utilize the department of revenue's wage reporting and bank match
system for the purpose of verifying the income and eligibility of participants
in such federally assisted housing programs and that of members of the participants'
households; provided further, that not more than $50,000 shall be expended for
the Jackson Mann Community Center in the Commonwealth House Development in Allston/
Brighton for the continued operation of community technology centers; provided
further, that for the purposes of clarification only, notwithstanding the provisions
of section 12 of chapter 490 of the acts of 1980, said department may authorize
neighborhood housing services corporations to retain, re-assign, and reloan
funds received in repayment of loans made pursuant to the neighborhood housing
services rehabilitation program; and provided further, that of the amount appropriated
herein, funds may be expended for the Indian affairs commission .............................
$6,727,224
7004-2011
For a low income sewer and water assistance program pursuant to the provisions
of section 24B of chapter 23B of the General Laws ............................................................................................................................
$541,245This item was vetoed by the acting Governor
Local Aid Fund .................................................................................. 100.00%
7004-2020
For the recapitalization of the community development finance corporation
................................. $250,000This item was vetoed by the acting Governor
7004-2027
This item was reduced and language was striken by the
acting Governor
For community economic development; provided, that grants may be awarded to
not-for-profit community-based organizations; provided further, that on or before
February 1, 2003, the department shall file with the house and senate committees
on ways and means a report demonstrating the distribution of funds from this
item among rural, suburban, and urban community-based organizations; provided
further, that no funds shall be expended from this item in the AA subsidiary,
so-called, for the compensation of state employees; provided further, that
no funds appropriated herein shall be expended by a recipient organization for
dues, fees, personnel costs, whether direct, indirect or in-kind, or payment
of any kind to the Massachusetts Association of Community Development Corporations;
provided further, that in order to receive grants funded from this item, such
not-for-profit community-based organizations shall commit a matching amount
of not less than $1 in eligible matching funds for every $1 provided through
such grants; provided further, that said matching funds shall be from nongovernmental
funding sources; and provided further, that only amounts raised in excess of
the amount raised by each recipient organization in fiscal year 2002 shall be
considered eligible matching funds .......... $1,017,730 $500,000
Local Aid Fund ................................................................................... 100.00%
7004-3036
This item was reduced and language was striken by the
acting Governor
For housing services and counseling; provided, that not more than $1,000,000
shall be expended as grants for the operation of nine regional housing consumer
education centers operated by the regional nonprofit housing agencies; provided
further, that the grants shall be through a competitive application process
pursuant to criteria created by the department; provided further, that the department
shall report to the house and senate committees on ways and means not later
than February 1, 2003 on possible savings and efficiencies through consolidation
of said services and counseling; and provided further, that no funds shall be
expended from this item in the AA subsidiary, so-called, for the compensation
of state employees; provided further, that funds may be expended West Broadway
task force to provide certain tenant services; provided further, that $80,925
shall be expended for the Central Mass Housing Alliance; and provided further,
that funds may be expended for the JUST-A-START CORPORATION to administer a
housing stabilization and conflict management services program to prevent homelessness
............................................................................... $1,080,925 $1,000,000
7004-3040
For a scattered site transitional housing program for victims of domestic violence
and their dependents; provided, that the department shall collaborate with the
department of social services to ensure that participants in battered women's
programs are provided with information regarding local transitional housing
resources; and provided further, that the program shall assist victims of domestic
violence in finding and maintaining permanent housing ............... $1,000,000
7004-4314
For the expenses of a service coordinators program established by the department
to assist tenants residing in housing developed pursuant to sections 39 and
40 of chapter 121B of the General Laws to meet tenancy requirements in order
to maintain and enhance the quality of life in said housing ................................................................
$544,890
7004-8878
For the private rental housing development action loan program; provided, that
notwithstanding any general or special law to the contrary, no new commitments,
contracts or renegotiations of existing contracts shall be entered into during
fiscal year 2003 or any subsequent fiscal year ............................................................................................
$1,724,138
7004-9003
For a program to provide housing units to homeless individuals; provided, that
grants shall be awarded on a competitive application process pursuant to criteria
established by the department to regional non-profit housing associations, so-called,
to provide housing units for up to one-year to homeless individuals who are
working to transition into private
housing ....................................................................
$677,230
7004-9004
For a program to enable households in state-assisted public housing to transition
to unsubsidized housing options in the private market; provided, that up to
5,000 qualified households residing in chapter 200 or chapter 705 state-assisted
housing developments shall be allowed to participate in a voluntary program
that allows a portion of a household's rental payments to a housing authority
to be placed in escrow accounts for the purpose of making said transition affordable,
including, down payment costs, closing costs, first and last month's rent, security
deposit, moving costs, and appliances necessary for occupancy; provided further,
that the department, subject to appropriation, shall contribute $1 for every
$2 of a rental payment placed by a household in such an escrow account which
shall inure to the benefit of the household; provided further, that the amount
of said rental payments eligible to be placed in said escrow accounts shall
consist of the savings in rent payments derived by allowing an adjustment to
a household's income for purposes of computing rent for the amounts withheld
from a household's earned income for (1) state and federal income tax withholding
payments and (2) payments for Social Security, FICA, or other retirement deductions
and (3) other deductions as may be allowed by law or regulation consistent with
the provisions of this item; provided further, that in promulgating regulations
that allow a household's income to be so adjusted for the calculation of rental
payments, said department shall establish a uniform method for calculating the
amount of rent adjustments allowable under said program; provided further, that
said regulations shall not include in said calculation the amounts withheld
from a dependent's income nor shall the income of any such dependent be subject
to escrow; provided further, that a household participating in said program
shall agree in writing to the minimum amount needed to be held in escrow in
order to provide for said affordable transition and to a maximum amount to be
held in said escrow account; provided further, that in no event, shall the amount
of any escrow account exceed $10,000; provided further, that rental payments
held in escrow for a household that elects not to make said transition pursuant
to the written agreement or which is evicted by a housing authority for any
reason shall be repaid to the housing authority and the commonwealth for the
value of any rent subsidy provided to said household and the matching contribution
paid by the department; provided further, that a household that loses eligibility
for state-assisted public housing due to increased income earnings shall use
the amount held in escrow for the purposes of transition housing costs; provided
further, that the use of escrowed rental payments by a household for said transition
costs shall be verified by the household and any funds not used for transition
costs shall be recovered by the housing authority; provided further, that said
department shall select housing authorities that demonstrate a willingness and
capability to participate in said program; provided further, that said authorities
may, for the purposes of administrative efficiency, maintain a centralized escrow
account in lieu of separate accounts for each participating household; provided
further, that detailed accounting records shall be maintained for each participating
household by a housing authority that establishes such a centralized escrow
account; provided further, that said housing authorities shall take all steps
to invest said escrow accounts in investment vehicles that maximize the interest
earned on said escrow accounts; provided further, that said housing authorities
may retain not more than 20 per cent of any such interest earned on rental payments
held in escrow to offset the costs of administering said program; provided further,
that the remaining interest earnings shall be credited to the escrow account
of a household; provided further, that the department shall require said housing
authorities to obtain the social security numbers of households participating
in said program to verify household income and deductions with the department
of revenue and other parties; provided further, that rental payments held in
escrow shall be treated as deductible rent for purposes of calculating Massachusetts
personal income taxes pursuant to subparagraph (9) of paragraph (a) of part
B of section 3 of chapter 62 of the General Laws; provided further, that notwithstanding
the provisions of any general or special law to the contrary, the release of
escrow payments to a household, including interest earned thereon and the value
of the matching contribution, shall not create any tax liability for such a
household; provided further, that a tax liability shall be created in the event
that a household does not elect to make said transition pursuant to said written
agreement; and provided further, that said department may transfer funds provided
in this item to item 7004-9005 for the purposes of supplementing rental funds
directed toward said program .................$132,650
7004-9005
For subsidies to housing authorities and nonprofit organizations for deficiencies
caused by certain reduced rentals in housing for the elderly, handicapped, veterans
and relocated persons pursuant to sections 32 and 40 of chapter 121B of the
General Laws; provided, that notwithstanding any general or special law to the
contrary, all housing authorities operating elderly public housing shall offer
first preference for elderly public housing units which are vacant as of the
effective date of this act, and thereafter, to those persons 60 years of age
or older on June 30, 1995, receiving rental assistance from the Massachusetts
rental voucher program; provided further, that said department may expend funds
appropriated in this item for deficiencies caused by certain reduced rentals
which may be anticipated in the operation of housing authorities for the first
quarter of the subsequent fiscal year; provided further, that no monies shall
be expended from this item for the purpose of reimbursing the debt service reserve
included in the budgets of housing authorities; provided further, that no funds
shall be expended from this item in the AA subsidiary, so-called, for the compensation
of state employees; provided further, that the amount appropriated herein shall
be deemed to meet any and all obligations pursuant to said sections 32 and 40
of said chapter 121B; provided further, that any new reduced rental units developed
in fiscal year 2003 eligible for subsidies pursuant to this item, shall not
cause any annualization that results in an amount exceeding the amount appropriated
in this item; and provided further, that all funds in excess of normal utilities,
operations, and maintenance costs may be expended for capital repairs .......................................
$29,493,770
Local Aid Fund ............................................................................ 100.00%
7004-9024
For a program of rental assistance for low-income families and elderly persons
through mobile and project-based vouchers, so-called; provided, that rental
assistance shall only be paid pursuant to a program to be known as the Massachusetts
rental voucher program; provided further, that the income of said households
shall not exceed 200 per cent of the federal poverty level; provided further,
that said department may award mobile vouchers to such eligible households currently
occupying project based units, that shall expire due to the non-renewal of project-based
rental assistance contracts; provided further, that said department, as a condition
of continued eligibility for a voucher 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 in the commonwealth;
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 said voucher program; provided further, that said
vouchers shall be in varying dollar amounts and shall be set by said department
based on considerations, including, but not limited to, family size, composition,
income level and geographic location; provided further, that notwithstanding
the provisions of any general or special law to the contrary, the use of rent
surveys shall not be required in determining the amounts of said mobile vouchers,
or said project-based units; provided further, that any household which is proven
to have caused intentional damage to their rental unit in an amount exceeding
two month's rent during any one year lease period shall be terminated from the
program; provided further, that notwithstanding the provisions of 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 said department
shall pay agencies 25 dollars per voucher per month for the costs of administering
said program; provided further, that said costs of administration shall not
exceed six per cent of the appropriation provided herein; provided further,
that said six per cent shall include, but not be limited to, all expenditures
which may be made by said department to conduct or otherwise contract for rental
voucher program inspections; provided further, that subsidies shall not be reduced
for the cost of accommodating the cost of said inspections; provided further,
that notwithstanding the provisions of 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, or project-based voucher,
but each household shall pay at least 30 per cent of its income as rent; provided
further, that said department shall establish the amounts of the mobile vouchers,
and the project based vouchers, so that the appropriation herein is not exceeded
by payments for rental assistance and administration; provided further, that
said department shall not enter into commitments which will cause it to exceed
the appropriation set forth herein; provided further, that ceiling rents, so-called,
shall not be enforced by said department; provided further, that households
holding mobile vouchers shall have priority for occupancy of said project-based
dwelling units in the event of a vacancy; provided further, that said 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 said department; provided further, that such obligations may include, but
need not be limited to, job training, counseling, household budgeting, and education,
as defined in regulations promulgated by said department and to the extent such
programs are available; provided further, that each participant shall be required
to undertake and meet any such contractually established obligation as a condition
for continued eligibility in the program; provided further, that for continued
eligibility each participant shall execute any such 12 month contract on or
before September 1, 2002 if his or her annual eligibility recertification date
occurs between June 30, 2002 and September 1, 2002 and otherwise on or before
his or her annual eligibility recertification date; provided further, that any
participant who is over the age of 60 years or who is handicapped may be exempted
from any obligations unsuitable under particular circumstances; provided further,
that said 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 by income level, and
the number and types of units leased that are funded from this item; and provided
further, that no funds shall be expended from this item in the AA subsidiary,
so-called, for the compensation of state
employees .................................................................................................................................
$26,668,557
7004-9027
For state housing assistance for rental production contracts with sponsors of
rental housing projects financed through the Massachusetts Housing Finance Agency,
established pursuant to chapter 708 of the acts of 1966, in the form of a loan
by the commonwealth to facilitate the construction or rehabilitation of rental
housing projects pursuant to the provisions of section 7 of chapter 574 of the
acts of 1983; provided, that notwithstanding section 27 of chapter 23B or sections
26 and 27 of chapter 29 of the General Laws to the contrary, the department
may enter into such contracts for terms not exceeding 15 years with annual payment
obligations not to exceed $14,432,625; provided further, that notwithstanding
the provisions of any general or special law to the contrary, no new commitments
shall be entered into during fiscal year 2003 for said fiscal year or any subsequent
fiscal years; provided further, that the director of said department shall review
all amounts disbursed through this program in the five fiscal years previous
to the effective date of this act and to recover all excess funds disbursed;
and provided further, that the director shall file a report with the house and
senate committees on ways and means, detailing the recovery of said overpayments
and recommending alternative uses for said
amounts ................... $14,432,625
7004-9030
For the transitional rental assistance program established pursuant to chapter
179 of the acts of 1995; provided, that notwithstanding the provisions of any
general or special law to the contrary, said transitional rental assistance
shall be in the form of mobile vouchers, so-called; provided further, that said
vouchers shall be in varying dollar amounts and set by the department on considerations
including, but not limited to, household size and composition, household income
and geographic location; provided further, that any household which is proven
to have caused intentional damages to their rental unit in an amount exceeding
two month's rent during any one year shall be terminated from the program; provided
further, that said department shall pay agencies that administer said program
an allowance not to exceed $25 per voucher per month for the costs of administration;
provided further, that notwithstanding the provisions of 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, so-called,
but each household shall be required to pay not less than 25 per cent of their
net income, as defined in regulations promulgated by said department, for units
if utilities are not provided by the unit owner, or not less than 30 per cent
of their income for units if utilities are provided by the unit owner; provided
further, that payments for said transitional rental assistance may be provided
in advance; provided further, that said department shall establish the amounts
of the mobile vouchers, so that the appropriation herein is not exceeded by
payments for rental assistance and administration; provided further, that said
department shall not enter into commitments which will cause it to exceed the
appropriation set forth herein; provided further, that the amount of a rental
assistance voucher payment for an eligible household shall not exceed the rent
less the household's minimum rent obligation; provided further, that the word
"rent" as used in this item shall mean payments to the landlord or
owner of a dwelling unit pursuant to a lease or other agreement for a tenant's
occupancy of the dwelling unit, but shall not include payments made by the tenant
separately for the cost of heat, cooking fuel, and electricity; provided further,
that said department shall submit an annual report to the budget director, the
secretary of administration and finance, and the house and senate committees
on ways and means detailing expenditures, the number of outstanding rental vouchers,
and the number and types of units leased; provided further, that nothing stated
herein shall give rise to or shall be construed as giving rise to enforceable
legal rights in any party or an enforceable entitlement to any form of housing;
provided further, that consistent with chapter 179 of the acts of 1995 the amount
appropriated herein shall not annualize to more than $3,000,000 in fiscal year
2004; and provided further, that said program shall provide funding for not
more than 800 mobile vouchers ............$3,000,000
7004-9033
For rental subsidies to eligible clients of the department of mental health;
provided, that the department shall establish the amounts of said subsidies
so that payment thereof and of any other commitments from this item shall not
exceed the amount appropriated herein ...................................................................................................................
$2,000,000
7004-9102
For non-federally aided urban renewal community development; provided, that
no new contracts shall be entered into during fiscal year 2003 .........................................................................................................................
$100,000
Local Aid Fund ............................................................................ 100.00%
7004-9108
For urban revitalization and development projects authorized pursuant to section
54 of chapter 121B of the General Laws; provided, that notwithstanding section
53 or section 57 of said chapter 121B to the contrary, the funds may be provided
to an agency of a city or town designated by the chief executive officer to
act on behalf of the city or town; provided further, that notwithstanding section
55 or said section 57 of said chapter 121B, not less than $300,000 shall be
expended for a matching grant to the city of Fitchburg for the urban renewal
program; provided further, that notwithstanding said section 55 or said section
57 of said chapter 121B, not less than $300,000 shall be expended for the Worcester
Medical City project; and provided further, that no new commitments shall be
entered into during fiscal year 2003, except as otherwise provided in this item
..................................
$600,000
Local Aid Fund ...................................................................... 100.00%
7004-9201
For interest subsidies for the private development of affordable housing; provided,
that notwithstanding any general or special law to the contrary, no new commitments
shall be entered into during fiscal year 2003 for said fiscal year or any subsequent
fiscal years .....................................
$7,094,790
7004-9315
For the low income housing tax credit program; provided, that the department
may expend an amount not to exceed $1,000,000 accrued from fees collected for
the regulation of TELLER projects undertaken pursuant to clause (m) of section
26 of chapter 121B of the General Laws from fees collected pursuant to Executive
Order No. 291, pertaining to low-income housing tax credits, for the costs of
administering and monitoring the programs, including the costs of personnel,
subject to the approval of the director of said 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 therefore as reported in the
state accounting system, prior appropriation continued .............................................................
$1,000,000
Office Of Consumer Affairs and Business Regulation.
7006-0000
For the office of the director of consumer affairs and business regulation,
including expenses of an administrative services unit; provided, that the office
may enter into an inter-agency service agreement with the department of public
health and the division of medical assistance for the annualized costs of the
ombudsman for managed care, so-called ..... $1,533,687
Division of Banks.
7006-0010
For the operation of the division of banks; provided, that notwithstanding any
general or special law to the contrary, 100 per cent of the amount appropriated
in this item shall be assessed upon financial institutions which the division
currently regulates pursuant to powers granted to said division by the general
laws, a special law or state
regulations ...............$10,677,921
Division of Insurance.
7006-0020
Language was struck out by the acting Governor
For the operation of the division of insurance; including the expenses of the
board of appeal on motor vehicle policies and bonds, and certain other costs
of supervising motor vehicle liability insurance and the expenses of the fraudulent
claims board; provided, that the positions of counsel I and counsel II shall
not be subject to the provisions of chapter 31 of the General Laws; provided
further, that contracts or orders for the purchase of statement blanks for the
making of annual reports to the commissioner of insurance shall not be subject
to the restrictions prescribed by section 1 of chapter 5 of the General Laws;
provided further, that the division shall maintain a phone system in its western
Massachusetts office that will immediately transfer calls made to that office
to the consumer assistance office in Boston during any business hours when the
western Massachusetts office is closed; provided further, that the division
shall have an employee or other such person answering all initial incoming telephone
calls, excluding all direct in-dial calls, between the hours of 9:00 a.m. and
5:00 p.m.; provided further, that the division shall designate an employee to
handle all incoming calls relative to chapter 218 of the acts of 1995 or regulations
promulgated under section 2 of said chapter 218; provided further, that notwithstanding
any general or special law to the contrary, for fiscal year 2003, 27.825 per
cent of the amount appropriated in this item shall be assessed upon the insurance
companies licensed to operate in the commonwealth; provided further, that for
fiscal year 2004, said assessment amount shall be 55.65% of the amount appropriated
herein; provided further, that there shall be established a special commission
to conduct an investigation and study of the level and source of funds and the
assessment on the division of insurance; provided further, that said study shall
include, but not be limited to, an evaluation of the current assessment and
fee structure at the division and moving said division to an assessment based
funding; provided further, that said commission shall be chaired by the chairs
of the joint committees on insurance or their designees, the chairs of the house
and senate committees on ways and means, or their designees, the commissioner
of insurance or his designees, the secretary of administration and finance,
one representative from the life insurance association of Massachusetts, one
representative for the property and casualty insurance industry representing
companies that sell insurance in less than 10 states, one representative for
the property and casualty insurance industry representing companies that sell
insurance in more than 10 states, one representative from the health insurance
industry, one representative from the Massachusetts association of insurance
agents and one representative from the Massachusetts bankers insurance association;
provided further, that said commission shall file its report its results and
any recommendations along with the legislation necessary to effectuate said
recommendations with the joint committee on insurance, the house and senate
committees on ways and means and the clerks of the house and senate no later
than December 15, 2002; of one provided further, that the division of insurance
trust fund shall be reimbursed for the amount appropriated herein and for associated
indirect and direct fringe benefit costs from assessments levied pursuant to
section 5D of chapter 29 of the General Laws; and provided further, that the
commissioner shall work in conjunction with the secretary of administration
and finance in developing and implementing a plan to ensure the collection of
all assessments required herein .................................
$9,084,237
General Fund ................................................................................... 33.39%
Highway Fund .................................................................................. 22.26%
Division of Insurance Trust Fund ....................................................... 44.35%
Division of Professional Licensure.
7006-0040
For the operation and administration of the division of professional licensure;
provided, that of the funds appropriated in this item, sufficient monies shall
be expended for the reduction of case backlog at the boards of registration;
provided further, that the division shall at all times employ not less than
2 hearing officers to facilitate the processing of cases pending before the
various boards; provided further, that the position of investigator of radio
and television technicians shall not be subject to chapter 31 of the General
Laws; provided further, that the division shall maintain and staff an office
in the city of Springfield; and provided further, that a pilot program be established
to assess the effectiveness and increased revenue resulting from the solicitation
of paid advertising for all mail sent from the division to private companies
and deemed appropriate for such purpose by division administration .........................
$4,222,885
Division of Standards.
7006-0060
For the operation of the division of standards .............................................................................
$687,965
7006-0066
For the support of the division of standard's municipal inspection efforts;
provided, that up to 15 per cent of the amount appropriated herein may be expended
for administrative costs of the division .............................. $265,000This item was vetoed by the acting Governor
7006-0067
The division of standards is hereby authorized to expend for enforcement of
weights and measures laws an amount not to exceed $358,900 from revenues received
from item pricing violations collected through municipal inspection efforts,
and from weights and measure fees and fines collected from cities and towns
............................................. $358,900
7006-0068
The division of standards is hereby authorized to expend an amount not to
exceed $250,000 from revenue received from license fees assessed to owners of
motor vehicle repair shops .....................................................
$250,000This item was vetoed by the acting Governor
Department of Telecommunications and Energy.
7006-0070
For the operation and administration of the department of telecommunications
and energy including the community antenna television division; provided, that
notwithstanding the second sentence of the first paragraph of section 18 of
chapter 25 of the General Laws, the assessments levied pursuant to said first
paragraph of said section 18 of said chapter 25 for fiscal year 2003 shall be
made at a rate sufficient to produce $7,747,353; provided further, that the
department shall maintain a toll free consumer access telephone number to facilitate
statewide citizen access on customer service issues in the delivery of cable
television services .......................................................................
$7,747,353
7006-0080
For the operation of the transportation division ...........................................................................
$592,756
7006-0090
The department of telecommunications and energy may expend revenues collected
up to $75,000 for the operation of the energy facilities siting commission ......................................
$75,000
Alcoholic Beverages Control Commission.
7006-0100
This item was reduced by the acting Governor
For the operation of the alcoholic beverages control commission ................................ $1,618,977 $1,456,977
State Racing Commission.
7006-0110
This item was reduced by the acting Governor
For the operation of the state racing commission ....................................................... $3,206,422 $2,125,446
Division of Energy Resources.
7006-1000
This item was reduced by the acting Governor
For the operation of the division of energy resources .................................................... $600,000 $300,000
7006-1001
For the residential conservation service program pursuant to chapter 465 of
the acts of 1980, and the commercial and apartment conservation service program
pursuant to section 11A of chapter 25A of the General Laws .......$197,715
Department of Economic Development.
7007-0100
Language was struck out by the acting Governor
For the office of the director of the department of economic development; provided,
that the director shall make every effort to ensure that the department's activities
reach the most economically challenged regions of the commonwealth; provided
further, that the director shall either devise or use generally accepted criteria
to determine which regions of the commonwealth are the most economically challenged;
and provided further, that not later than April 30, 2003, the director shall
submit to the house and senate committees on ways and means a report detailing
the criteria, a ranking of regions, a list of programs directly assisting the
residents of those regions, the number of people served, and a detailed plan
for increasing economic activity in the most challenged regions .......................................................
$421,478
7007-0300
Language was struck out by the acting Governor
For the operation of the Massachusetts office of business development and for
marketing and promoting the commonwealth in order to attract and retain targeted
businesses and industries; provided, that the office shall file a report
with the house and senate committees on ways and means not later than February
15, 2003 which shall identify those companies that contact said office in response
to direct mail and marketing campaigns and which of those companies relocate
to the commonwealth; provided, that said office shall maintain business
development assistance services at an office to be located at the University
of Massachusetts at Dartmouth for the purposes of responding to inquiries and
providing assistance to businesses seeking to expand or relocate to southeastern
Massachusetts ................... $1,408,320
General Fund .................................................................................... 50.00%
Tourism Fund ................................................................................... 50.00%
7007-0515
For grants to be allocated by the department in support of regional redevelopment
projects; provided, that not less than $200,000 shall be expended for a grant
to the South Shore Tri-Town Development Corporation established in chapter 301
of the acts of 1998 ..................................................
$200,000
7007-0800
For a grant for the state match for a small business development center; provided,
that no funds shall be expended from this item until such time as the United
States small business administration has made a payment or has executed a contract
to pay the University of Massachusetts at Amherst for the operation of said
center; provided further, that the funds expended from this item shall not exceed
25 per cent of the gross operating cost of said center; provided further, that
not more than $300,000 of the amount appropriated herein shall be expended for
the purpose of operating federal procurement technical assistance services within
said center; provided further, that said services, shall include, but not be
limited to, assisting businesses in securing federal contracts, obtaining contract
financing, generating responses to requests-for-proposals, interpreting bid
documents, providing educational workshops and seminars, and the electronic
identification and tracking of federal bid opportunities; provided further,
that the expenditure of said $300,000 shall be subject to the receipt of matching
funds from federal or private sources including the department of defense; and
provided further, that quarterly expenditure reports shall be filed with the
house and senate committees on ways and means ........$1,146,448
7007-0900
For the operation and administration of the office of travel and tourism; provided,
that performance-based standards shall be incorporated in all contracts executed
by said office for the procurement of tourism marketing and advertising services;
provided further, that not more than $2,000,000 of the amount appropriated herein
shall be expended for international marketing and tourism promotion and administration;
provided further, that expenditures on international and domestic promotion
and administration shall be separately accounted for in the Massachusetts Management
Accounting and Reporting System; provided further, that said office shall be
required to make travel arrangements for all international travel not less than
7 days before departure; provided further, that said office shall dedicate 1
full-time equivalent employee to the advisory commission on travel and tourism;
provided further that said office shall make every effort to develop tourism
in under-visited regions of the commonwealth ..........................................
$10,214,725
Massachusetts Tourism Fund ............................................................... 100.00%
7007-0950
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For grants to public and private nonprofit local and regional organizations
to be awarded by the Massachusetts office of travel and tourism for tourism
promotion; provided, that such organizations shall not expend more than 20 per
cent of any grant for the cost of administrative services; provided further,
that the organizations shall be required, as a condition of receiving a grant,
to submit a total operating budget which shall identify each source and use
of operating and capital funds; provided further, that the grants shall not
replace or supplant funding otherwise available to said centers from local chambers
of commerce regional tourist councils and other public or private funding sources;
provided further, that notwithstanding any general or special law to the contrary,
a grant of $250,000 shall be transferred from this item to the Massachusetts
office of business development for regional tourism and economic development
in southeastern Massachusetts, including the southcoast development project; provided further, that not less than $100,000 shall be expended for the expansion
of the Marlborough visitors bureau to include Westborough and for its operation;
provided further, that $100,000 shall be expended for the Puerto Rican cultural
council in the city of Springfield; provided further, that not less than
$100,000 shall be expended for City Stage; provided further, that not less
than $125,000 shall be expended for the city of Boston office of cultural affairs;
provided further, that a grant of not less than $250,000 shall be expended for
costs incurred by the Massachusetts Sports Partnership, Inc.; provided further,
that the office may choose to fund each of the following earmarks up to a maximum
of the specified dollar amount; provided further, that not more than $100,000
shall be expended for the Freedom Trail Foundation; provided further, that not
more than $40,000 shall be expended as a grant for the Pioneer Valley visitors
and tourist information center; provided further, that such grant shall not
replace or supplant funding otherwise available to said center from local chambers
of commerce, regional tourist councils and public or private funding sources;
provided further, that $40,000 shall be expended for the New Bedford art museum;
provided further, that not more than $500,000 shall be made available through
a grant application process established by the office of travel and tourism
to offset deficits that may occur during fiscal year 2003 for the highway information
centers operating year round on state highways and federally-assisted highways,
and the visitor information centers on Boston Common and the Prudential Center,
both in the city of Boston; and provided further, that $52,500 shall be expended
for the construction of the Robert Goddard statue in Worcester; provided further,
that not less than $35,000 expended for the restoration of the Canton civil
war statue; provided further, that $50,000 shall be expended for the Devens
Enterprise Commission; and provided further, that $10,000 shall be expended
for the veteran's oral history project at Natick public library; provided further,
that not less than $150,000 shall be expended for the Waltham tourism council;
provided further, that $100,000 shall be expended for the Russian Community
Association of Massachusetts; provided further, that not less than $100,000
shall be expended as a grant to the Springfield Area Council for Excellence
for outreach to Pioneer Valley Business; provided further, that $150,000 shall
be expended for the Martin Luther King, Jr. Empowerment Center; provided
further, that $250,000 shall be expended on the South Coast Development Partnership; provided further, that $250,000 shall be expended for the Merrimack Valley
Economic Development Council; provided further, that $100,000 shall be expended
for the Memorial Auditorium in the city of Lynn; provided further, that $90,000
shall be expended for the Cape Cod Economic Development Council, Inc.; provided
further, that $50,000 shall be expended for the North End Visitor's Center;
provided further, that $50,000 shall be expended as a grant for economic development
activities of the Blackstone Valley Development Corporation; provided further,
that $200,000 shall be expended as grants for the Bay State Games; provided
further, that $100,000 shall be expended for the I-495 Technology Corridor Initiative; provided further, that $50,000 shall be expended as a grant to the South
Shore Chamber of Commerce regional tourism initiative; provided further, that
$75,000 shall be expended for the Friendly House in Worcester; and provided
further, that $165,000 shall be expended for the International Trade Assistance
Center in Fall River (provided further, that $200,000
shall be expended for the Merrimack Valley Economic Development Council; provided
further, that $75,000 shall be expended for the Cape Cod Economic Development
Council,
Inc.) ........................................................................................ $3,382,500 $1,920,000
Massachusetts Tourism Fund ............................................................................ 100.00%
7007-1000
For assistance to local tourist councils pursuant to section 14 of chapter 23A
of the General Laws; provided, that notwithstanding any general or special law,
regulation or rule to the contrary, each of said councils may expend an amount
not to exceed 20 per cent of the grant it receives herein for the cost of administrative
services ........... $7,081,211
Massachusetts Tourism Fund ........................................................................... 100.00%
7007-1200
This item was reduced by the acting Governor
For a program to create and maintain a more favorable and responsive environment
for the attraction and retention of technology-intensive clusters for the commonwealth;
provided, that such clusters may be characterized by technological or market
focus, geographic proximity or other shared interests; provided further, that
cluster activities shall be deemed to be the exercise of an essential governmental
function intended to: (1) foster increased collaboration among cluster organizations;
(2) facilitate improved communications between the commonwealth and cluster
organizations; (3) identify and respond to challenges and opportunities related
to cluster organizations; (4) enhance the competitive position of cluster firms;
(5) reduce the costs of doing business in the commonwealth through 1 or more
purchasing cooperatives; and (6) generally improve the perception of the value
and benefits of doing business in the commonwealth; provided further, that amounts
appropriated herein shall be expended to the Massachusetts Technology Park Corporation
to be held, applied and administered through its Massachusetts Technology Collaborative;
provided further, that said corporation shall establish an independent advisory
panel to advise said corporation relative to the most effective application
of funds appropriated in this item; and provided further, that the executive
director shall file a report with the house and senate committees on science
and technology and the house and senate committees on ways and means detailing
the activities undertaken with the funds appropriated herein by January 15,
2003 ............................. $847,000 $547,000
7007-1300
For the operation of the Massachusetts international trade council ...............................................
$1,118,086
Massachusetts Tourism Fund ................................................................. 100.00%
7007-1500
For the operation and administration of the state office of minority and women
business assistance; provided, that said office shall administer an electronic
business certification application which shall be accessible to business applicants
through use of the Internet; provided further, that said office shall ensure
the integrity and security of personal and financial information transmitted
by said electronic application; provided further, that said office shall, using
all existing available resources, provide certification services within each
of the one-stop regional assistance centers, so-called, of the Massachusetts
office of business development; and provided further, that said office shall
develop and implement measures and procedures to continue to improve the efficiency
and the timeliness of the certification process ............................................
$576,153
Department of Education.
7010-0005
This item was reduced and language was striken by the
acting Governor
For the operation of the department of education; provided, that $175,000
shall be expended for the education reform review commission established pursuant
to section 79 of chapter 71 of the acts of 1993; and provided further, that
not less than $150,000 shall be expended for the office of school readiness
.............................. $10,132,672 $9,957,672
7010-0012
For grants to cities, towns and regional school districts for payments of certain
costs incurred under the program for the elimination of racial imbalance; provided,
that grants to cities, towns and regional school districts shall be limited
to actual and specifically incurred documented incremental costs including those
costs pursuant to chapter 71B of the General Laws as a direct consequence of
participation in the program whenever the reimbursements requested by such city,
town or regional school district exceed the level of reimbursement received
in fiscal year 1977; provided further, that the division of elementary, secondary
and occupational education shall, through a competitive procurement process,
contract with qualified school transportation business enterprises; and provided
further, that funds shall be made available for payment for services rendered
by METCO, Inc. and Springfield public schools ..........$15,128,126
Local Aid Fund ................................................................................................ 100.00%
7010-0016
For the attracting excellence to teaching program established in section 19A
of chapter 15A of the
General Laws .......................... $816,725
Local Aid Fund ................................................................................................ 100.00%
7010-0017
For grants to charter schools; provided, that the board of education may award
grants to charter schools established under section 89 of chapter 71 of the
General Laws; provided further, that said grants shall be awarded to support
costs associated with planning and development of the schools and for the leasing
or construction of school facilities; provided further, that charter schools
shall submit requests for the grants to the board of education; and provided
further, that grants shall be awarded pursuant to guidelines developed by the
board ............................................................. $2,301,790
Local Aid Fund .................................................................................. 100.00%
7027-0016
This item was reduced and language was striken by the
acting Governor
For matching grants for various school-to-work programs; provided, that the
board of education shall establish guidelines for such programs in consultation
with the department of labor and workforce development; provided further, that
any funds distributed from this item to cities, towns or regional school districts
shall be deposited with the treasurer of the city, town, or regional school
district and held in a separate account and shall be expended by the school
committee without further appropriation, notwithstanding any general or special
laws to the contrary; provided further, that each grant awarded herein shall
be matched by the recipient from local, federal, or private funds; provided
further, that the board of education may determine the percentage match required
on an individual grant basis; provided further, that not more than $596,883
shall be made available for the state's matching grant for the CS-squared program
at the Corporation for Business, Work and Learning; provided further, that not
less than $942,191 shall be made available to Jobs for Bay State Graduates,
Inc., for the purpose of school-to-work activities; provided further, that $42,975
shall be made available to the Blue Hills regional vocation school for the School
to Careers Partnership to fund a teacher externship program and a student internship
program; and provided further, that not less than $80,000 shall be made available
for Training Innovations, Inc. to develop a skill training center in the city
of Cambridge to work directly with students enrolled in the Cambridge public
schools and interested businesses .................................................................................. $1,662,049 $1,582,049
Local Aid Fund .......................................................................................................... 100.00%
7027-0019
For school-to-work connecting activities; provided, that notwithstanding any
general or special law to the contrary, the board of education, in cooperation
with the department of labor and 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 regional employment 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; and provided further, that the program shall
include, but not be limited to, a provision that business leaders commit resources
to pay salaries, to provide mentoring and instruction on the job and to work
closely with teachers; and provided further, that public funds shall assume
the costs of connecting schools and businesses to ensure that students serve
productively on the job ............................... $4,129,687
Local Aid Fund ............................................................................................... 100.00%
7028-0031
For the expenses of school age children in institutional schools pursuant to
section 12 of chapter 71B of the General Laws; provided, that the department
is authorized to provide special education services to eligible inmates in county
houses of correction ......................................
$7,613,345
Local Aid Fund ............................................................................................ 100.00%
7030-1000
This item was reduced and language was striken by the
acting Governor
For grants to cities, towns, regional school districts, educational collaboratives,
head start programs, and licensed day care providers for early care and education
programs, pursuant to section 54 of chapter 15 of the General Laws; provided,
that any payment made under any such grant with a school district shall be deposited
with the treasurer of such city, town, or regional school district and held
as a separate account and shall be expended by the school committee of such
city, town, or regional school district without municipal appropriation, notwithstanding
any general or special law to the contrary; provided further, that in any city
or town in which there was only one lead agency in fiscal year 1995, such lead
agency shall serve as lead agency to submit proposals pursuant to said section
54 of said chapter 15; provided further, that the amount by which the funds
appropriated in this item exceed the amount appropriated in item 7030-1000 of
chapter 60 of the acts of 1994 shall be used to provide services to the children
of working parents; provided further, that in allocating the funds and evaluating
grant applications, the board of education shall give priority consideration
to three and four year old children in cities and towns where high concentrations
of low income working families reside; provided further, that not less than
one-third of the total slots funded by the amount by which the funds appropriated
in this item exceed the amounts appropriated in said item 7030-1000 of said
chapter 60 shall be for full-day, full-year care that meets the needs of working
parents; provided further, that notwithstanding the provisions set forth herein
or any general or special law to the contrary, funds may be allocated for services
which shall be provided to three and four year old children formerly on the
wait list maintained by the office for child care services; provided further,
that the department of education shall ensure that community partnership lead
agencies collaborate with the department of education and the office for child
care services to provide services for said children; provided further, that
notwithstanding said section 54 of said chapter 15 of the general laws, school
districts and head start agencies that served as lead agencies in fiscal year
2002 shall receive funds in fiscal year 2003 in proportion to the amount each
received in fiscal year 2002; provided further, that funds shall be expended
for Mass Family Networks; provided further, that funds may be expended for administrative
costs; provided further, that $200,000 shall be made available from this
item for a pilot program that involves students from the University of Massachusetts
at Lowell and Community Teamwork, Inc. in the provision of child care services;
and provided further, that said children shall retain priority status for future
services available through said office upon attaining the age of five, notwithstanding
the receipt of services funded through this item ...... $94,862,732 $94,662,732
Local Aid Fund ............................................................................................. 75.00%
Transitional Aid to Needy Families Fund ........................................................ 25.00%
7030-1002
This item was vetoed by the acting Governor Overridden
by the Legislature
For kindergarten development grants to provide ongoing grant awards to continue
quality enhancement of existing full day kindergarten classrooms and to encourage
the transition of half day classrooms into full day kindergarten classrooms;
provided, that the office of school readiness shall administer a grant program
to encourage the voluntary expansion of high quality, full day kindergarten
education throughout the commonwealth; provided further, that grants of not
more than $18,000 per classroom shall be made available to public schools for
the enhancement of existing full day kindergarten classrooms and for the transition
of existing half day kindergarten classrooms into full day kindergarten classrooms;
provided further, that said grants shall be awarded pursuant to guidelines established
by the department relative to the application and award process which shall
include eligibility criteria, allowable grant expenditures and grant recipient
obligations; provided further, that guidelines for transition grants shall require
applicants for such grants to identify obstacles that impede the transition
to full day kindergarten; provided further, that said guidelines shall require
grant recipients to identify the anticipated date by which the implementation
of quality enhancement or transition projects shall commence; provided further,
that said guidelines shall detail the range of permissible grant expenditures
which shall include, but not be limited to, the expenditure of funds for facility
improvements or other expenses necessary to provide adequate space for the transition
from half day kindergarten classrooms into full day kindergarten classrooms;
provided further, that grants funded through this appropriation shall not annualize
to more than $18,000 per classroom in subsequent fiscal years; provided further,
that preference shall be given to grant applicants with high percentages of
students scoring in levels one or two on the Massachusetts comprehensive assessment
system exam, so-called, as determined by the department based on available data;
provided further, that any grant funds distributed from this item shall be deposited
with the treasurer of such city, town or regional school district and held in
a separate account and shall be expended by the school committee of such city,
town or regional school district without further appropriation, notwithstanding
the provisions of any general or special law to the contrary; provided further,
that such program shall supplement and shall not supplant currently funded local,
state and federal programs at the school or district; provided further, that
not later than January 15, 2003 said department shall report to the house and
senate committees on ways and means on the total number of enhancement and transition
grants requested and awarded; provided further, that said 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 Massachusetts public schools in fiscal year
2004; provided further, that funds appropriated herein for transition grant
awards may be expended through August 31, 2003 for the purposes of transition
projects scheduled for the school year beginning in September, 2003; and provided
further, that the department may expend not more than $200,000 to administer
the grants program established herein ............ $27,940,000
7030-1003
For early literacy programs and teacher training to promote research based school-wide
literacy education and to promote literacy among children in grades K through
three in the commonwealth; provided, that the office of school readiness shall
administer said early literacy grant programs to improve the quality and effectiveness
of literacy education in the commonwealth to the greatest extent possible, which
shall include reading teacher grants and school-wide literacy education grants;
provided further, that such school wide literacy education programs shall be
based on a scientifically-based reading research program consistent with the
federal Reading First Initiative, so-called, may be correlated to the National
Reading Panel's Report on Teaching Children to Read, may be integrated easily
into the classroom by managing automatic student rotation, and may provide for
authentic assessments including recorded portfolios of student's oral reading;
provided further, that such school-wide literacy education programs shall provide
for the evaluation and tracking of all students' reading and writing skills
annually for at least three years, shall include measurable goals and benchmarks,
shall be lead by a school-based planning team which includes teaching faculty
and the school principal, shall provide for the training of teachers in effective
strategies for reading instruction and shall include a school-wide literacy
coordinator who shall be a full-time teacher responsible for the coordination
and training of other school staff; provided further, that such school-wide
early literacy grants shall include funding for the salary of a full-time literacy
coordinator and may be targeted for elementary schools with low cumulative grades
three and four MCAS scores, so-called; provided further, that the department
shall establish guidelines for said grant programs consistent with the federal
Reading First Initiative, so-called; provided further that any grant funds distributed
from this item shall be deposited with the treasurer of such city, town or regional
school district and held in a separate account and shall be expended by the
school committee of such city, town or regional school district, without further
appropriation, notwithstanding the provisions of any general or special law
to the contrary; provided further, that $385,000 shall be expended for JFY.net,
so-called, a Jobs for Youth initiative for high technology, literacy and job
skill instruction to youth and adults through advanced software and existing
infrastructure capacity in schools and community agencies; provided further,
that not less than $8,370,000 shall be expended for the BayState Readers Initiative,
so-called, modeled on the research-based best practices of the Alabama Reading
Initiative; provided further, that said initiative shall provide for the training
of teachers in effective strategies for reading instruction and shall otherwise
be consistent with the overall purpose of this item and with the Reading First
Initiative, so-called; provided further, that in its evaluation of applications
for said initiative, said office may take into consideration schools' cumulative
grade four MCAS scores; and provided further, that funds appropriated herein
for said initiative may be expended through August 31, 2003; provided further,
that not more than $500,000 shall be made available for matching grants to fund
the Reach Out and Read program, so-called, to provide books to at-risk children
in the commonwealth through book distribution programs established in community
health centers, medical practices and hospitals for at-risk children; provided
further, that the funds distributed through the Reach Out and Read program shall
be contingent upon a match of not less than $1 in private or corporate contributions
for every dollar in state funding distributed through said grant program; and
provided further, that such program shall supplement currently funded local,
state and federal programs at the school or district ....................................
$18,328,088
Local Aid Fund ....................................................................................... 100.00%
7030-1004
For grants for the home-based parenting and family literacy program known
as the Parent-Child Home Program; provided, that the department of education
shall distribute the funds to expand capacity at existing Parent-Child Home
Program sites and to establish replication sites in cities and towns where high
concentrations of low income families reside; provided further, that for grants
awarded to establish the replication sites, the department shall consider applications
from school districts or social service agencies that demonstrate the capacity
to replicate said home visiting program to serve area low income families; and
provided further, that the preference for the grants shall be given to applicants
who demonstrate a commitment to maximize federal and local funding for the operation
of the replication site .....$2,500,000
This item was vetoed by the acting Governor
Local Aid Fund ........................................................................................ 100.00%
7030-1005
For early intervention individual tutorial literacy programs designed as a pre-special
education referral and short term intervention for children who are at risk
of failing to read in the first grade; provided, that such programs shall be
research-based with proven long term results, including identifying students
in need of additional help not later than mid-first grade, providing ongoing
training and support to program teachers, and including ongoing documentation
and evaluation of results ...................................................................................
$2,123,097
Local Aid Fund .......................................................................................... 100.00%
7030-1500
For grants to head start programs ..............................................................................................
$6,146,143
Local Aid Fund ....................................................................................... 100.00%
7032-0500
For grants to cities and towns and regional school districts for school-based
comprehensive health education and human services in schools; provided, that
any 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 without further appropriation by the school committee;
provided further, that not more than one per cent of the amount appropriated
herein shall be expended for administrative costs; provided further, that $1,400,000
shall be expended on the school linked services program; provided further, that
funds shall be expended for the development of a specific policy and discipline
code to address teen dating violence in public schools; provided further, that
the department of education shall develop a model policy which school districts
may adopt; provided further, that said department shall provide technical and
legal assistance and other guidelines to said school districts in developing
written teen dating violence policies and procedures; provided further, that
said school districts may convene teen dating violence prevention task forces
comprised of staff, students and parents to provide awareness training and education
for school communities; provided further, that not less than $33,750 shall be
expended for the North Quabbin Domestic Violence Prevention Program; provided
further, that the commissioner of education shall file a report on the distribution
of all funds appropriated in this item with the joint committee on education
and the house and senate committees on ways and means not later than December
15, 2002; provided further, that not more than $950,000 shall be expended for
teen dating violence prevention and that not more than $450,000 of these same
teen dating violence prevention funds shall be made available for contracts
with community based victim service providers for intervention services for
high-risk youth; provided further, that not less than $800,000 shall be expended
for statewide suicide prevention outreach and violence prevention outreach to
gay and lesbian youth; and provided further, that this allocation shall not
be used for sex education ............................................................................
$10,000,000This item was vetoed by the acting Governor
Health Protection Fund ........................................................................ 100.00%
7035-0002
For grants to provide and strengthen adult basic education services, including
reading, writing and mathematics, to a diverse network of organizations which
have demonstrated commitment and effectiveness in the provision of such services,
and that are selected competitively by the department of education; provided,
that such grants shall support the successful transition of students from other
adult basic education programs to community college certificate and degree granting
programs; provided further, that such grants shall be contingent upon satisfactory
levels of performance as defined and determined by said department; provided
further, that in no case shall grants be considered an entitlement to a grant
recipient; provided further, that said department shall consult with the community
colleges and other service providers in establishing and implementing content,
performance and professional standards for adult basic education programs and
services; and provided further, that not more than 7.5 percent of the funds
appropriated herein may be expended for non-grant purposes ..................
$28,107,237
Local Aid Fund ............................................................................................. 100.00%
7035-0004
For reimbursements to cities, towns, regional school districts, and independent
vocational schools for certain expenditures for transportation of pupils pursuant
to section 1I of chapter 15 of the General Laws, sections 7A, 7B and 37D of
chapter 71 of the General Laws, section 8 of chapter 71A of the General Laws,
section 14 of chapter 71B of the General Laws and section 8A of chapter 74 of
the General Laws; provided, that of the amount appropriated in this item, not
less than $1,500,000 shall be obligated for the implementation of chapter 663
of the acts of 1983; provided further, that a school district that transports
or pays for the transportation of public school children in grades 7 to 12,
inclusive, shall provide transportation or payment for transportation for non-public
school children in the same grades; provided further, that any city, town or
regional school district or independent vocational school which has not accepted
chapter 663 of the acts of 1983 shall be ineligible for any reimbursement of
costs incurred during fiscal year 2003 under this item or for reimbursement
of such costs under any General Law referred to in this item; and provided further,
that notwithstanding any general or special law to the contrary, the commonwealth's
obligation shall not exceed the amount appropriated in this item .... $51,840,000
Local Aid Fund ............................................................................................... 100.00%
7035-0006
For reimbursements to regional school districts for the transportation of pupils;
provided, that notwithstanding any general or special law to the contrary, the
commonwealth's obligation shall not exceed the amount appropriated in this item;
provided further, that the amount appropriated in this item shall constitute
the full funding of this item, as determined by the department of education;
provided further, that upon receipt by the department of education of required
transportation cost reports from regional school districts, said department
shall reimburse 50 per cent of the amount such districts received from this
item in fiscal year 2001; and provided further, that said reports shall meet
criteria established by the department of education .......................
$41,705,180
Local Aid Fund ....................................................................................... 100.00%
7051-0015
For the administration of the emergency food assistance program ...............................................
$830,600
Local Aid Fund ...........................................................................................100.00%
7052-0003
For school building assistance grants and reimbursements for projects to eliminate
racial imbalance under chapter 645 of the acts of 1948, chapter 70B of the General
Laws, and section 329 of chapter 159 of the acts of 2000 for first annual payments
on school projects; provided, that the aggregate amount of first annual estimated
payments for school projects approved by the board of education under said laws
shall not exceed $7,043,760; provided further, that projects on the fiscal year
2002 priority lists ranked through number 47 shall be given priority before
any other projects; and provided further, that in fiscal year 2003, the department
of education shall complete school building assistance project audits for eligible
school building assistance projects in the city of Lynn for which audit materials
have been submitted and shall pay to the city of Lynn from funds appropriated
in this item in fiscal year 2004 an amount equal to the positive difference
between the final actual total project costs eligible for reimbursement and
the preliminary approved project costs eligible for reimbursement; and provided
further, that a report shall be filed semiannually by the board of education
with the house and senate committees on ways and means regarding funding commitments
pursuant to this item, prior appropriation continued ........... $7,303,260
Local Aid Fund ............................................................................................ 100.00%
7052-0004
For school building assistance grants and reimbursements for cities and towns
not subject to court-ordered or board of education racial imbalance plans under
chapter 645 of the acts 1948, chapter 70B of the General Laws, and section 329
of chapter 159 of the acts of 2000 for first annual payments on school projects;
provided, that the aggregate amount of first annual estimated payments for school
projects approved by the board of education under said laws, in the fiscal year
ending June 30, 2003 shall not exceed $14,942,156; provided further, that projects
on the fiscal year 2002 priority lists ranked through number 188, inclusive,
shall be given priority before any other projects; and provided further, that
a report shall be filed semiannually by the board of education with the house
and senate committees on ways and means regarding funding commitments pursuant
to this item, prior appropriation continued .................
$12,948,960
Local Aid Fund ................................................................................................ 100.00%
7052-0005
For grants and reimbursements to cities, towns, regional school districts and
counties under chapter 645 of the acts of 1948 and chapter 70B of the General
Laws, for annual payments on the accounts of school projects for which first
annual payments have been made ..........................
$361,596,898
Local Aid Fund ................................................................................................. 100.00%
7052-0006
For grants and reimbursements to cities, towns, regional school districts and
counties under chapter 645 of the acts of 1948 and chapter 70B of the General
Laws, for (a) educational, engineering, and architectural services for school
districts, (b) surveys made of school building needs and conditions, (c) matching
stabilization fund payments, (d) costs of leasing buildings for vocational programs
and originally equipping and furnishing said buildings for vocational programs,
and (e) payments associated with admission to a regional school district ......................................................
$43,921
Local Aid Fund ........................................................................................ 100.00%
7053-1909
For reimbursements to cities and towns for partial assistance in the furnishing
of lunches to school children, including partial assistance in the furnishing
of lunches to school children as authorized by chapter 538 of the acts of 1951,
and for supplementing funds allocated for the special milk program; provided,
that notwithstanding the provisions of 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 said act ............................
$5,426,986
Local Aid Fund .............................................................................................100.00%
7053-1925
For the school breakfast program for public and nonpublic schools and for grants
to improve summer food programs during the summer school vacation period; provided,
that of the sum appropriated herein, not less than $300,000 shall be expended
for the summer food service outreach program and not less than $200,000 shall
be expended for the school breakfast outreach program, including reimbursement
of municipal expenses, provided, that within the summer food program, priority
shall be given to extending such programs for the full summer vacation period
and promoting increased participation in such programs; provided further, that
the department of education shall solicit proposals from returning sponsors
and school food authorities in time for implementation of such grant program
during the summer of 2003; 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 said department shall require
sufficient reporting from each grantee to measure the success of such grant
program; provided further, that said department shall select grantees for the
program authorized by this item not later than March 30, 2003 and shall report
to the house and senate committees on ways and means on the projected impact
of these grants not later than April 30, 2003; prior appropriation
continued .............................................. $2,266,523
Local Aid Fund ........................................................................................ 100.00%
7053-1927
For a supplement to the federally funded school breakfast program, so-called,
whereby all children in schools receiving funds under the program shall be provided
free, nutritious breakfasts at no cost to them; provided, that subject to regulations
of the board that specify time and learning standards, breakfasts shall be served
during regular school hours; provided, further, that participation shall be
limited to those elementary schools mandated to serve breakfast pursuant to
section 1C of chapter 69 of the General Laws where 60 per cent or more of the
students are eligible for free or reduced-price meals under the federally funded
school meals program; provided further, that said department shall select school
sites for programs authorized by this item no later than November 15, 2002 and
shall report to the house and senate committees on ways and means on the preliminary
results of such grants no later than January 9, 2003; provided further, that
nothing herein shall give rise to enforceable legal rights in any party or an
enforceable entitlement to services; and provided further, that nothing stated
herein shall be construed as giving rise to enforceable legal rights or enforceable
entitlement to any services ...................... $5,361,260
Local Aid Fund ................................................................................ 100.00%
7061-0008
For school aid to cities, towns, regional school districts, counties maintaining
agricultural schools, independent vocational schools and independent agricultural
and technical schools to be distributed pursuant to chapters 70 and 76 of the
General Laws and section 3; provided, that notwithstanding section 3, each school
district which receives aid from this item in fiscal year 2003 shall expend
from such aid not less than $125 per student on professional development expenditures
as defined in regulations of the department of education; provided further,
that $175,000 of the funds allocated from this item to the city of Lawrence
by section 3 shall be transferred to the University of Massachusetts at Lowell
for its college preparation program; provided further, that notwithstanding
any general or special law to the contrary, the department shall promulgate
regulations, not later than January 2, 2003, which shall require school and
district professional development reports which shall detail professional development
activities, programs and courses funded through this item; provided further,
that the reports shall identify specific professional development activities,
courses or program type and specific school level information on the participation
in the programs; provided further, that such regulations shall establish minimum
professional development expenditures for literacy education instruction for
elementary school teachers; provided further, that the regulations shall require
professional development reports to include actual prior year professional development
actual expenditures and programmatic detail and projected expenditures and programmatic
detail for the current fiscal year; and provided further, that not later than
March 1, 2003 the department of education shall report to the house and senate
committees on ways and means on school and district professional development
spending ...........................................................................
$3,258,969,179
Local Aid Fund .......................................................................................................... 100.00%
7061-0012
This item was reduced and language was striken by the
acting Governor
For noneducational costs of residential school programs for students placed
by a local school district or ordered by the bureau of special education appeals,
as provided under chapter 71B of the General Laws; provided, that subject to
rules and regulations promulgated by the commissioner of education, each city
and town shall verify to the commonwealth the cost thereof and, upon approval
of the commissioner, the treasurer may make such payments directly to the service
provider for services provided on or after July 1, 2002; provided further, that
not more than $8,750,000 shall be used to continue and expand voluntary residential
placement prevention programs between the department of education and other
departments within the executive office of health and human services that develop
community-based support services for children and their families; provided further,
that of this $8,750,000, not less than $7,500,000 shall be made available to
the department of mental retardation for the voluntary residential placement
prevention program administered by that department; provided further, that the
amount spent for a particular student shall not exceed the amount of tuition
funds allocated for the student at the time of transition into such community-based
support services; provided further, that funding provided herein may reimburse
private schools for prior fiscal year's tuition; provided further, that the
commonwealth shall not pay more than 50 per cent of the cost of any such residential
placement; provided further, that not more than $525,000 shall be expended
for the costs of borrowing audiotaped textbooks by special needs students whose
disabilities include, but shall not be limited to: blindness, visual impairments,
learning disabilities such as dyslexia, or physical disabilities such as cerebral
palsy that limit the use of standard print, and for the cost of an outreach
program geared toward special education teachers, students and parents regarding
the services of such program; provided further, that of those funds, $175,000
shall be made available for the purposes of training teachers and students;
and provided further, that the department is authorized to expend an amount
not to exceed $3,563,662 for the educational expenses of certain school aged
children with special needs attending schools pursuant to section 10 of chapter
71B of the General Laws, for the educational expenses of school age children
with special needs attending day or residential programs who have no father,
mother or guardian living in the commonwealth, and for expenses relating to
the provision of special education to certain children transferred by other
state agencies to the department of education............... $71,100,000 $70,575,000
Local Aid Fund ............................................................................................ 100.00%
7061-0022
For disbursements to reduce the class sizes in grades kindergarten through 3
in school districts where 22 per cent or more of the student population in those
grades is reported to the department of education to be low-income; provided,
that funds may be used to transition from half to full day kindergarten; provided
further, that such disbursements shall be made to cities and towns pursuant
to section 3; 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;
and provided further, that any city or town receiving such disbursement shall
submit a report to the board of education not later than January 2, 2003 detailing
how such disbursement was expended and the extent to which class sizes were
reduced thereby ....... $18,000,000
Local Aid Fund ................................................................................ 100.00%
7061-0029
For the office of educational quality and accountability established pursuant
to section 55A of chapter 15 of the General Laws ..................................................................................................................................................
$2,480,958
Local Aid Fund ........................................................................................ 100.00%
7061-9000
For fiscal year 2003 reimbursements to certain cities, towns and regional school
districts for a school choice transportation reimbursement program pursuant
to subsection (i) of section 12B of chapter 76 of the General Laws; provided,
that funds appropriated herein shall be expended solely for the reimbursement
of costs incurred in fiscal year 2003, unless the comptroller authorizes the
expenditure of funds for the reimbursement of costs incurred in fiscal year
2002 pursuant to chapter 29 of the General Laws ............................................................
$318,770
Local Aid Fund ................................................................................ 100.00%
7061-9010
For fiscal year 2003 reimbursements to certain cities, towns and regional
school districts pursuant to section 89 of chapter 71 of the General Laws ..................................................................................................................
$28,481,408This item was vetoed by the acting Governor
Local Aid Fund ................................................................................................ 100.00%
7061-9200
This item was reduced and language was striken by the
acting Governor
For the education technology program, so-called; provided, that the department
of education shall file a spending plan for the amounts appropriated herein
with the joint committee on education and the house and senate committees on
ways and means by January 2, 2003; provided further, that if the department
determines that savings could be achieved through the conversion of contracted
personnel to state employees, said department shall report said determination
to the house and senate committees on ways and means; and provided further,
that said report shall demonstrate that the services performed by such contracted
personnel are ongoing and that the conversion of such employees to state employees
will result in savings to the commonwealth; and provided further, that not less
than $150,000 shall be expended to support the Technology Initiative operated
by the Metro South/West Regional Employment Board for the development of Technology
Centers of Excellence serving the region's youth and businesses, and said grant
shall require a 200 percent match from the private sector ................................ $1,009,500 $859,500
Local Aid Fund .................................................................................. 100.00%
7061-9400
For student and school assessment 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 or work samples and projects,
and shall facilitate authentic and direct gauges of student performance; provided
further, that such portfolio assessments shall not replace the statewide standardized
assessment based on the curriculum frameworks; provided further, that all school
assessments shall center on the academic standards embodied in the curriculum
frameworks and shall involve gauges which shall be relevant and meaningful to
students, parents, teachers, administrators and taxpayers pursuant to the first
paragraph of section 1L of chapter 69 of the General Laws; and provided further,
that notwithstanding any general or special law to the contrary, assessment
of proficiency in English shall be administered in English ... $18,679,946
Local Aid Fund ......................................................................... 100.00%
7061-9404
For assistance and grants to cities, towns and regional school districts to
develop or enhance academic support services for students scoring in level 1
or 2 on the Massachusetts Comprehensive Assessment System exam; provided, that
preference shall be given to those districts with a high percentage of high
school students scoring in level 1; provided further, that the department of
education may give priority for such assistance and grants to schools and districts
at risk of or determined to be under-performing in accordance with section 1J
and 1K of chapter 69 of the General Laws; provided further, that the purpose
of this program shall be to raise students' academic achievement through services
that may include but shall not be limited to: integrated tutoring and mentoring
programs, supplemental web-based tutorial programs that are diagnostic and prescriptive
extended school day and year, weekend and school vacation programs, comprehensive
after-school programs with a structured academic component as approved by the
board of education, summer programs, school-to-work connecting activities creating
worksite learning experiences for students as an extension of the classroom,
professional development to improve teacher skills and knowledge, and alignment
of local curriculum with state standards and assessment data; provided further,
that such grants and assistance shall be primarily academic in focus; provided
further, that such grants and assistance may incorporate appropriate cultural
and recreational activities to encourage student participation and enhance academic
performance; provided further, that cities and towns shall make every effort
to coordinate the delivery of academic support services and out-of-school time
programming in school and community-based locations so that students identified
for academic support services do not jeopardize their participation in other
out-of-school time programming; 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 currently funded local, state and
federal programs at the school or district; provided further, that in order
to receive such resources, districts shall develop a comprehensive district
plan to improve student performance which shall include accountability measures
for assessing performance and results, a professional development program, a
coordinated budget that demonstrates how all available local, state, federal,
private and other funds shall be used to achieve the goals and activities in
the plan and any other requirements determined by the department; provided further,
that districts shall report on program activities, results and expenditures
as required by the department; provided further, that the department may expend
up to $250,000 to administer the program; provided further, funds shall be expended
for a competitive grant program to fund developmental programs to be implemented
in the summer of 2003 operated by public institutions of higher education for
students who have completed high school but not yet met the MCAS graduation
standard and are working to pass MCAS, earn a high school diploma and prepare
for college-level studies; provided further, that none of the funds from this
appropriation shall be spent for the individual tutoring in reading program;
provided further, that for the purposes of such program, appropriated funds
may be expended through August 31, 2003 to allow for summer academic support
services and professional development for educators; and provided further, that
no funds appropriated in this item shall be expended for education reform audits;
provided further, that up to $5,000,000 shall be expended for a competitive
grant program, guidelines for which shall be developed by the department, for
intensive remediation programs in communities with students in the graduating
class of 2003 who have not achieved a score of 216 or higher on either the tenth
grade English Language Arts or math MCAS exams, such programs to be in place
by October 1, 2002; and provided further, that eligible applicants shall include
individual high schools, and those institutions of higher education, providers
of adult basic education services, and other public and private educational
services organizations that shall have partnered with a high school or group
of high schools ...............
$50,000,000
Local Aid Fund ............................................................................. 100.00%
7061-9604
For teacher preparations ...........................................................................................................
$1,490,288
Local Aid Fund ............................................................................... 100.00%
7061-9611
For after-school programs; provided, that not less than $500,000 may be expended
for services that actively include children with disabilities in after-school
programs that also serve non-disabled children, including but not limited to,
increased per-child reimbursement rates, additional staff, technical assistance,
training, and transportation; provided further, that funds shall be expended
for voluntary in-school and after school service programs administered by the
Massachusetts Service Alliance; provided further, that $300,000 shall be expended
for the Saltonstall elementary school; provided further, that $100,000 shall
be made available for a pilot program that targets at-risk and hard-to-reach
youth, Amer-I-Can, so called; and provided further, that not less than $150,000
shall be expended for after school programs administered by the Massachusetts
Alliance of Boys and Girls Clubs ............................................
$3,150,000This item was vetoed by the acting Governor
Local Aid Fund ...................................................................................... 100.00%
7061-9612
For the school of excellence program at the Worcester Polytechnic Institute;
provided, that every effort shall be made to recruit and serve equal numbers
of male and female students; provided further, that sending school districts
of students attending said academy shall not be required to expend any funds
for the cost of these students while in attendance at the academy; provided
further, that of the amount appropriated in this item, $378,000 shall be obligated
for professional development activities at the school of excellence program
at Worcester Polytechnic Institute, including salary and benefits for master
teachers and visiting scholars; provided further, that the department of education
shall enter into an agreement with Worcester Polytechnic Institute to operate
a school of excellence in mathematics and science; provided further, that not
less than $300,000 shall be expended for professional development programs conducted
by school of excellence staff members throughout the commonwealth; and provided
further, that the academy shall file a report with the joint committee on education
and the house and senate committees on ways and means by February 1, 2003 detailing
said professional development activities ..........
$1,199,231
Local Aid Fund ......................................................................................... 100.00%
7061-9614
For an alternative education grant program to be administered by the department
of education to address behavior that interferes with learning; provided, that
such programs shall be developed at the middle and high school levels and shall
offer the students the opportunity to make reasonable academic progress toward
earning a high school diploma as set forth in section 1D of chapter 69 of the
General Laws; provided further, no school district that currently operates an
alternative education program for suspended or expelled students shall use grant
funds to supplant existing programs or services; provided further, that criteria
for the approval of grant proposals shall be established in guidelines determined
by the department; provided further, that no less than $250,000 shall be expended
for programs and pilot demonstration projects in districts which address within
the regular education school program the educational and psycho-social needs
of children whose behavior interferes with learning, particularly those who
are suffering from the traumatic effects of exposure to violence; provided further,
that said pilot demonstration projects may create school based teams with community
ties to provide ongoing training to school personnel, collaborate with recognized
experts in the field of trauma and with battered women's shelters, and review
school policies and make use of community resources to support traumatized children
to succeed in their regular public school programs; provided further, that the
funding shall include the costs of administration of the pilot projects by the
department of education which shall collaborate with the department of public
health and the department of mental health to review proposals, consult with
schools, select pilot projects, monitor projects, and conduct program evaluation;
provided further, that grants may be awarded for the development and establishment
of alternative education programs and services for suspended or expelled students,
which may include but not be limited to, grants to allow school districts to
coordinate efforts to establish interdistrict regional alternative education
collaborative or to establish district based alternative education programs;
provided further, such grants may also encourage the use of technology to provide
education in an alternative setting; provided further, that grants shall be
contingent upon a match that of not less than $1 in local expenditure for every
dollar in state funding distributed; and provided further, that notwithstanding
the matching requirement of this item to the contrary, $75,000 shall be expended
for the Diploma Plus demonstration program, so-called ..............................................
$489,483This item was vetoed by the acting Governor
7061-9619
For the purpose of funding the Benjamin Franklin Institute of Technology; provided,
that the Benjamin Franklin Institute of Technology shall be granted access to
the Massachusetts education computer system; and provided further, that the
Benjamin Franklin Institute of Technology shall be permitted to join the state
buying consortium ....................... $1
Local Aid Fund .................................................................................. 100.00%
7061-9621
For the administration of a grant program for gifted and talented school
age children; provided, that the funds appropriated in this item shall be in
addition to any federal funds available for such program; provided further,
that priority shall be given to those grant applications that address the needs
of students who are identified by any of the following criteria: (1) the result
of a standardized aptitude examination which is 3 or more standard deviations
above the mean; (2) an evaluation by the child's teachers that the child does
perform, or is capable of performing, satisfactorily at 2 or more grade levels
above the child's chronological age; or, (3) a score on the math or verbal Scholastic
Aptitude Test by a child of no more than 13 years of age which is equal to,
or greater than, the average on either test obtained by college-bound high school
juniors; and provided further, that such programs may be made available by a
city, town, or regional school district ...... $370,830This item was vetoed by the acting Governor
Local Aid Fund ...................................................................................100.00%
7061-9626
For grants and contracts with youthbuild programs for the purposes of providing
comprehensive youthbuild services to economically disadvantaged young adults
in the cities of Attleboro, Boston, Brockton, Cambridge, Holyoke, Fitchburg,
Lawrence, Lowell, Lynn, Malden, New Bedford, Springfield and Worcester; and
provided, that funds shall only be disbursed to cities that have an existing
youthbuild program and which can demonstrate that students will graduate from
said program in fiscal year 2003 .....................................................................................$1,200,000This item was vetoed by the acting Governor
Local Aid Fund .......................................................................................................... 100.00%
7061-9632
For the Pioneer Valley Regional Education Business Alliance; provided, that
a spending plan including revenues and expenditures from all funding sources
shall be filed with the joint committee on education, arts, and humanities and
with the house and senate committees on ways and means not later than January
2, 2003 ........................ $100,000This item was vetoed by the acting Governor
7061-9634
For matching grants to be administered by the department of education for the
Massachusetts Service Alliance for public and private agencies with mentoring
programs for the recruitment and training of mentors and for other supporting
services including, but not limited to, academic support services; provided
further, that in order to be eligible to receive funds from this item, such
public or private agency shall provide a matching amount equal to 1 dollar for
every dollar disbursed from this item; provided further, that said matching
amount shall be from a source other than state funds; provided further, that
funds may be expended to support the mentoring activities of the planned learned
achievement for youth program; provided further, that said Massachusetts Service
Alliance shall submit a report detailing the expenditure of such funds and the
amount and source of matching funds raised to the secretary of administration
and finance and the house and senate committees on ways and means not later
than December 29, 2002 ....................................................
$500,000
Local Aid Fund .............................................................................................. 100.00%
Board of Higher Education.
7066-0000
Language was struck out by the acting Governor
For the operation of the board of higher education; provided, that the board
shall recommend savings proposals that permit institutions of public higher
education to achieve administrative and program cost reductions, resource re-allocation
and program re-assessment and utilize resources otherwise available to such
institutions; provided further, that the board shall establish a policy directing
such institutions of higher education to spend not less than five percent of
the combined amount of the total state appropriation and student retained revenues
by each said institution for ongoing capital adaptation and renewal; provided
further, that expenditures for operational expenses such as utility payments
shall not be considered capital adaptation and renewal for the purposes of the
spending requirements contained in this item; provided further, that not later
than November 15, 2002, the board shall submit to the house and senate committees
on ways and means a plan that includes: (1) the projected operating budget spending
at each institution within the commonwealth's system of public higher education;
(2) the planned spending on capital adaptation and renewal projects at each
said institution; and (3) the funding sources used to fund said projects; provided
further, that upon request of any said institution, the board may grant a waiver
from the maintenance spending requirement upon determining that compliance with
the policy poses a threat to academic quality; 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 said 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 said projects
such costs, if any, as shall be incurred by the commonwealth for the aforesaid
purposes in the current fiscal year, as determined by the appropriate building
authority, verified by the chancellor of higher education and approved by the
secretary of administration and finance; and provided further, that notwithstanding
paragraphs (a), (b) and (c) of section 29 of chapter 15A of the General Laws,
as appearing in the 2000 Official Edition, the boards of trustees of all public
post-secondary educational institutions shall not authorize the use of a waivable
fee, as said term is defined in said section 29 of said chapter 15A, to fund
nonpartisan student organizations which employ legislative agents, as defined
in section 39 of chapter 3, or to nonpartisan student organizations attempting
to influence legislation, as defined in section 44 of said chapter 3, and shall
adhere to the following definitions and requirements during fiscal year 2003
with regard to the use of student fees: 'Nonpartisan', as applied to student
organizations not endorsing or adhering to particular ideological or religious
positions in the articles of incorporation, charter, constitution or by-laws.
'Official student referendum', a referendum vote of the student body which is
sanctioned by the college-recognized student governmental association and certified
by said student governmental association as valid. 'Optional fee', any amount
payable on a student tuition bill, but not a mandatory charge or waivable fee,
appearing as a separately assessed item, accompanied by a statement as to the
nature of said item and that said item is not a charge required to be paid by
the student but rather the student may add said charge to the total amount due,
and that said item is displayed on the bill at the request of the student body
and does not necessarily reflect the endorsement of the board of trustees. 'Student
organization', any organization of students at public post-secondary educational
institutions which is open to membership of all students who pay the optional
fee and is controlled by its students. (b) Non-mandatory student fees to nonpartisan
student organizations which employ legislative agents, as defined in section
39 of chapter 3, or to nonpartisan student organizations attempting to influence
legislation, as defined in section 44 of said chapter 3, shall be paid on student
tuition bills by an optional fee whenever students have authorized said optional
fee on the tuition bill by a majority vote of those students voting in an official
student referendum; and provided further, that the continuation of said optional
fee on the student tuition bill may be subject to reauthorization by an official
student referendum every four years; and provided further, that necessary administrative
costs arising in connection with the collection of said fee may be billed by
the board of trustees to the student organization at the time of the transfer
of funds collected to said student organizations......................................................................................$2,062,482
7066-0005
For the commonwealth's share of the cost of the compact for education ......................................
$61,978
7066-0009
This item was reduced by the acting Governor Overridden by the Legislature
For the New England board of higher education ............................. $668,004
7066-0015
For the community college workforce training incentive grant program established in section 15F of chapter 15A of the General Laws .............. $900,000
7066-0016
For a program of financial aid to support the matriculation of certain persons at public and private institutions of higher learning; provided, that only persons in the custody of the department of social services pursuant to a care and protection
petition upon reaching the age of 18, or persons in the custody of said 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 said aid shall not exceed $6,000 per recipient per year; provided further, that said aid shall be granted after exhausting all other sources of financial support ......$1,000,000
7070-0031
For the McNair component of the financial assistance program to increase access
to public and independent institutions of higher education for students who
meet certain income eligibility standards developed by the chancellor of higher
education and for students with serious physical impairments, known as the Ronald
E. McNair education opportunity program ..................... $3,931,276
7070-0065
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For a scholarship program to provide financial assistance to Massachusetts students
enrolled in and pursuing a program of higher education in any approved public
or independent college, university, school of nursing, or any other approved
institution furnishing a program of higher education; provided, that the Massachusetts
state scholarship office shall expend not less than $15,000,000 for community
college access grants to ensure that no Massachusetts resident enrolled in and
pursuing an associate's degree in any of the community colleges pays more than
$500 in tuition and fees net of any federal or state scholarship or tax credit;
provided further, that any resident whose expected family contribution level,
as determined according to the federal methodology established pursuant to Part
F of Title IV of the Higher Education Act of 1965, as amended, is not more than
$2,250, shall incur no net tuition and fee costs after deducting any federal
or state scholarship or tax credit from financial need as calculated by the
state scholarship office; provided further, that said residents who are not
fully eligible for the federal HOPE tax credit based on their exceeding maximum
income eligibility limits, shall not be eligible for the grants; provided further,
that not less than $11,000,000 shall be expended for state college access grants;
provided further, that any Massachusetts resident enrolled in and pursuing a
bachelor's degree in any of the state colleges whose expected family contribution
level, as determined according to the federal methodology established pursuant
to Part F of Title IV of the Higher Education Act of 1965, as amended, is not
more than $2,000, shall incur no net tuition and fee costs after deducting any
federal or state scholarship or tax credit from financial need as calculated
by the state scholarship office; provided further, that not less than $9,666,947
shall be expended for a program of needs-based financial assistance for Massachusetts
residents enrolled in and pursuing a program of higher education in the University
of Massachusetts; provided further, that $3,500,000 shall be expended for the
part-time student grant program; provided further, that of the sum appropriated
herein, not less than $475,000 shall be obligated for the purposes of the Massachusetts
plan, pursuant to section 5C of chapter 15C of the General Laws; provided further,
that the Massachusetts state scholarship office shall expend not less than $22,000,000 $20,700,000 to provide for matching scholarship
grants to needy Massachusetts students at participating Massachusetts independent
regionally accredited colleges, universities, and schools of nursing; provided
further, that not less than $190,000 shall be made available to provide financial
assistance for Massachusetts residents enrolled at public higher education institutions
to participate in the Washington Center-Massachusetts Initiative Academic Internship
program; provided further, that except as otherwise provided in this act all
said aforementioned financial assistance shall be distributed to students demonstrating
the greatest need as determined by an eligibility index used by the state scholarship
office; provided further, that students awarded full or partial scholarships
under the Christian A. Herter Memorial Scholarship Program, as established in
section 16 of chapter 15A of the General Laws, who have matriculated in a program
of higher education outside the commonwealth may continue to receive the scholarship
aid guaranteed by said program; provided further, that the state scholarship
office is authorized to expend monies for the public service awards as established
in said section 16 of said chapter 15A; provided further, that the chancellor
of higher education, in coordination with the Massachusetts state scholarship
office, shall establish such regulations governing the eligibility and the awarding
of financial assistance as the chancellor shall deem necessary; provided further,
that not more than $1,756,107 shall be expended on the administration of the
scholarship program; and provided further, that not less than $2,500,000 shall
be provided for grants to residents of the commonwealth who are working as paraprofessionals
in public schools of the commonwealth while pursuing a bachelor's degree at
a public college or university in the commonwealth in order to become a certified
teacher in Massachusetts; and provided further, that eligibility shall be limited
to persons who have worked as a paraprofessional in the public schools of the
commonwealth for a minimum of two years prior to receipt of such grant, or who
are enrolled in and pursuing courses of study that will lead to certification
as a teacher in bilingual education, special education, math, science, or foreign
languages, and who commit to teach and actually teach for such period as the
board of higher education may determine in the public schools of the commonwealth
upon graduation and certification pursuant to section 38G of
chapter 71 ...................................................................................$92,903,455 $91,603,455
7077-0010
This item was reduced by the acting Governor
For the purchase of scientific, technological, and other educational reference
materials for the libraries of the system of public higher education institutions;
provided, that the funds herein shall be distributed to campuses in the same
formulaic manner as in chapter 127 of the acts of 1999 .............. $2,400,000 $1,200,000
7077-0023
For a contract with the Tufts School of Veterinary Medicine; provided, that
funds appropriated herein shall be expended, in accordance with the Massachusetts
resident veterinary tuition remission plan submitted January 8, 1998, for supportive
veterinary services provided to the commonwealth; and provided further, that
prior year costs may be paid from this
item .........................................................................................................
$3,662,500
7077-1000
For the tomorrow's teachers program ........................................................................................
$3,954,280
University of Massachusetts.
7100-0200
This item was reduced and language was striken by the
acting Governor
For the operation of the University of Massachusetts; provided, that notwithstanding
the provisions of any general or special law to the contrary, the university
may establish and organize auxiliary organizations, subject to policies, rules
and regulations enacted by the board, to provide essential functions which are
integral to the educational mission of the university; provided further, that
notwithstanding the provisions of 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 sum expended for UMass Extension in fiscal year 2003 shall not be reduced
from fiscal year 2002 levels, except in proportion to adjustments consistent
with university budget adjustments, at the University of Massachusetts and policies
affecting comparable academic outreach programs of the University of Massachusetts
at Amherst; provided further, that such funds shall be expended in accordance
with a plan reviewed and recommended by the UMass Extension Board of Public
Overseers; provided further, that the sum expended for the University of Massachusetts
at Amherst Cranberry Experiment Station at Wareham in fiscal year 2003 shall
not be reduced from fiscal year 2002 levels, except in proportion to adjustments
consistent with university budget adjustments; provided further, that such funds
shall be expended in accordance with a plan reviewed and recommended by the
University of Massachusetts at Amherst Cranberry Experiment Station Board of
Oversight; provided further, that not less than $210,000 shall be expended
for the Center for Women in Politics and Public Policy at the John W. McCormack
Institute of Public Affairs; provided further, that $500,000 shall be expended
for the Center for Portuguese Studies at the University of Massachusetts at
Dartmouth; provided further, that no funds appropriated herein may be used
for the issuance and/or renewal of identification cards to plan participants
or covered individuals which display the participants' or individuals' social
security number; provided further, that not less than $621,000 shall be expended
for the Massachusetts institute for social and economic research at Amherst
to manage the United States census data and provide population estimates and
projections and for the evaluation of the commonwealth's eligibility for federal
grant programs and for the application for, and acquisition of, any grants made
under such programs, and for the marketing and sale of publications and services,
to public and private entities provided by the Institute; provided further,
that not less than $628,834 shall be expended for the expense of a gerontology
institute; provided further, that not less than $156,663 shall be expended for
the endowment of a chair named in honor of the late Frank Manning; provided
further, that not less than $380,000 shall be obligated for the costs associated
with the Center of Marine Environmental Science Technology Electronic Technology
and Fisheries at the University of Massachusetts at Dartmouth, including a study
and model program for artificial reef construction and fisheries development;
provided further, that $50,000 shall be obligated for rural development councils;
provided further, that $100,000 shall be expended for an outreach program on
Cape Cod by the University of Massachusetts at Dartmouth in conjunction with
the Cape Cod Commission and the Executive Office of Environmental Affairs' Massachusetts
Watershed Initiative for the purpose of establishing a comprehensive monitoring
program for lakes and ponds on Cape Cod to be known as the Cape Cod Lakes and
Pond Project; provided further, that not more than $250,000 shall be provided
to the biotechnology program at the University of Massachusetts at Amherst for
the development of the Springfield Biomedical Technological Institute jointly
sponsored by Baystate Medical Center in the city of Springfield and the biotechnology
program of the University of Massachusetts at Amherst; provided further,
that each center, program, and study earmarked within this appropriation shall
submit to the board of trustees of the University of Massachusetts and to the
house and senate committees on ways and means not later than December 15, 2002,
a report which shall include a programmatic description, a spending plan detailing
the total program budget including all funding sources, the number of students
served by the program and an explanation of how the program fulfills the mission
of said university; and provided further, that not less than $600,000 shall
be expended to fund an endowment for a Portuguese chair at the University of
Massachusetts at Dartmouth ................................... $449,084,247 $445,587,750
7100-0300
For the operation of the toxics use reduction institute program at the University
of Massachusetts at Lowell, in accordance with chapter 21I of the General Laws
...............................................................................................
$1,631,575
Toxics Use Reduction Fund ..................................................................... 100.00%
7100-0445
For matching funds for the University of Massachusetts for the purpose of providing
an endowment program for chairs of the various departments within the university;
provided, that private donations contributed for the purposes of this program
shall not result in direct or indirect reductions in the commonwealth's appropriation
for the university; and provided further, that the amount appropriated herein
may fund matching grants paid to the university in an amount not to exceed one
dollar for every two dollars privately contributed or contractually pledged
to the university's board of trustees ...... $2,000,000
7100-0500
For the operation of the board of higher education's Commonwealth College honors
program at the University of Massachusetts at Amherst ..........
$1,715,000
State Colleges.
7109-0100
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For Bridgewater State College; provided, that not less than $613,000 $306,500 shall be expended for the operation of
the John Joseph Moakley Center for Technological Applications at Bridgewater
State College; and provided further, that the initiative shall be conducted
on the site of the college for the purposes of technological applications to
classroom teaching and initiatives in distance learning and economic development
in conjunction with business and industry in southeastern Massachusetts ............................................... $35,843,656 $34,903,656
7110-0100
For Fitchburg State College .......................................................................................................
$26,294,605
7112-0100
This item was reduced and language was striken by the
acting Governor
For Framingham State College; provided further, that not less than $300,000
shall be expended for the operation of the commonwealth's global education centers; and provided further, that not less than $200,000 shall be expended for the
regional economic research center; ......................... $21,941,929 $21,641,929
7113-0100
For the Massachusetts College of Liberal Arts ...........................................................................
$13,024,237
7114-0100
This item was reduced and language was striken by the
acting Governor
For Salem State College; provided, that not less than $120,400 shall be expended
for the aquaculture program at said college established pursuant to section
274 of chapter 38 of the acts of 1995 ................... $34,833,776 $34,713,376
7114-0101
For a reserve for operation and maintenance costs associated with the acquisition
of the GTE/Sylvania property located in the city of Salem ............. $703,959
7115-0100
For Westfield State College .......................................................................................................
$21,790,081
7116-0100
For Worcester State College .....................................................................................................
$22,013,414
7116-0101
For the Latino Education Institute at Worcester State College ....................................................
$200,000
7117-0100
For the Massachusetts College of Art ........................................................................................
$13,791,920
7118-0100
For the Massachusetts Maritime Academy .................................................................................
$11,117,769
Community Colleges.
7502-0100
For Berkshire Community College .............................................................................................
$9,129,385
7503-0100
For Bristol Community College ..................................................................................................
$14,683,380
7504-0100
For Cape Cod Community College ...........................................................................................
$10,751,842
7504-0101
For the operation of an environmental technology, education, and job training
partnership through the Cape Cod Community College; provided that the college
shall coordinate said partnership with the Massachusetts Maritime Academy and
the University of Massachusetts at Dartmouth; provided further, that the initiative
shall be conducted at the Massachusetts military reservation, or at any site
on Cape Cod determined by the college to be suitable for the purposes of on-site
education and training in the use of alternative technologies to clean up designated
superfund sites; provided further, that preference shall be given to local applicants;
and provided further, that the executive office of environmental affairs and
the University of Massachusetts at Dartmouth shall participate in the testing
and evaluation of innovative
technologies ............................ $111,994
Toxics Use Reduction Fund ....................................................................... 100.00%
7505-0100
For Greenfield Community College ............................................................................................
$8,807,887
7506-0100
For Holyoke Community College; provided further, that funds may be expended
for the operation of the Holyoke Home Information Center ....................................................................................................................
$17,340,886
7507-0100
For Massachusetts Bay Community College ..............................................................................
$13,522,666
7508-0100
This item was reduced and language was striken by the
acting Governor
For Massasoit Community College; provided, that not less than $274,700 shall
be expended for the operation of Christo's II Culinary Arts Center ..................................................................................$19,123,451 $18,848,751
7509-0100
For Mount Wachusett Community .............................................................................................
$10,861,718
7510-0100
For Northern Essex Community College ....................................................................................
$17,918,257
7511-0100
For North Shore Community College, including the post secondary programs of
the Essex Agricultural and Technical Institute operated by North Shore Community
College ............................................................................
$19,547,214
7512-0100
For Quinsigamond Community ..................................................................................................
$14,128,975
7514-0100
For Springfield Technical Community College ............................................................................
$22,265,843
7514-0102
For the Massachusetts Center for Telecommunications and Information Technology
through the Springfield Technical Community College Assistance Corporation,
as established by chapter 273 of the acts of 1994; provided, that the amount
appropriated in this item shall include, but not be limited to, operating and
maintaining cable television programming, distance learning curricula, telecommunications-intensive
company facilities, and a small business incubator; provided further, that funds
shall be allocated for a reserve for the operation and maintenance expenses
incurred by Springfield Technical Community College associated with the acquisition
of the Digital property; provided further that the college may expend revenues
in an amount not to exceed $575,000 received from rent utility, and other charges
for the operation and maintenance of the property; provided further, that funds
shall be encumbered for an emergency reserve for unanticipated operating and
maintenance expenses of Springfield Technical Community College in the acquisition
of the Digital property ................................ $535,206
7515-0100
For Roxbury Community College ..............................................................................................$10,431,310
7515-0120
For the operation of the Reggie Lewis Track and Athletic Center at Roxbury Community
College ................... $774,278
7515-0121
For the Reggie Lewis Track and Athletic Center at Roxbury Community College;
provided, that said college may expend an amount not to exceed $523,100 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; provided further, that only expenses for contracted
services associated with the aforementioned events shall be funded from this
item; and provided further, that all year end balances associated with the Reggie
Lewis Track and Athletic Center, on an annual basis, shall be transferred to
the Reggie Lewis Track and Athletic Center Building Fund in accordance with
chapter 772 of the acts of 1987 ..... $523,100
Reggie Lewis Track and Athletic Center Fund .......................................... 100.00%
7516-0100
For Middlesex Community College ............................................................................................
$18,202,731
7518-0100
For Bunker Hill Community College; provided, that $135,000 shall be obligated
for the life focus center .....$18,578,863
7520-0424
For a health and welfare reserve for eligible personnel employed at the community
and state colleges .....$3,182,263
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Office of the Secretary.
8000-0000
For the office of the secretary ....................................................................................................
$1,525,003
General Fund ............................................................................................ 15.00%
Highway Fund ........................................................................................... 85.00%
8000-0010
For community policing grants to be administered by the executive office of
public safety; provided, that no such grants shall be awarded to the department
of state police; provided further, that $42,750 shall be provided for community
policing in Abington; provided further, that $46,313 shall be provided for community
policing in Agawam; provided further, that $49,875 shall be provided for community
policing in Amesbury; provided further, that $38,000 shall be provided for community
policing in Andover; provided further, that $38,000 shall be provided for community
policing in Ashland; provided further, that $42,275 shall be provided for community
policing in Athol; provided further, that $46,313 shall be provided for community
policing in Attleboro; provided further, that $28,500 shall be provided for
community policing in Auburn; provided further, that $40,019 shall be provided
for community policing in Avon; provided further that $95,000 shall be provided
for community policing in Barnstable; provided further, that $42,275 shall be
provided for community policing in Bedford; provided further, that $38,000 shall
be provided for community policing in Belchertown; provided further, that $38,000
shall be provided for community policing in Bernardston; provided further, that
$38,000 shall be provided for community policing in Beverly; provided further,
that $46,313 shall be provided for community policing in Billerica; provided
further, that $3,203,400 shall be provided for community policing in Boston;
provided further, that $332,500 of the grants awarded to Boston shall be provided
for community policing in the Bowdoin Street-Geneva Avenue and Uphams Corner
sections of Dorchester in Boston; provided further that $95,000 of the Boston
award shall be provided for enhancement of community policing efforts around
the Maverick Square section of East Boston; provided further that $142,500 of
the Boston award shall be provided for community policing in the B-2 sector
of Mission Hill in the city of Boston for additional enforcement in conjunction
with the neighborhood policing program; provided further, that $250,000 of the
Boston award shall be provided for community safety activities and for community
policing in the Grove Hall sections of Roxbury/North Dorchester in the city
of Boston; provided further, that $60,135 shall be provided for community policing
in Bourne; provided further, that $33,440 shall be provided for community policing
in Boylston; provided further, that $46,313 shall be provided for community
policing in Braintree; provided further, that $23,940 shall be provided for
community policing in Brewster; provided further, that $561,306 shall be provided
for community policing in Brockton; provided further, that $58,900 shall be
provided for community policing in Brookline; provided further, that $19,000
shall be provided for community policing in Buckland; provided further, that
$46,313 shall be provided for community policing in Burlington; provided further,
that $403,750 shall be provided for community policing in Cambridge; provided
further, that $38,000 shall be provided for the North Cambridge Task Force;
provided further, that $58,900 shall be provided for Canton; provided further,
that $71,250 shall be provided for the Central Massachusetts Law Enforcement
Council; provided further, that $33,440 shall be provided for community policing
in Charlemont; provided further that $361,000 shall be provided for community
policing in Chelsea; provided further, that $177,800 shall be provided for community
policing in Chicopee; provided further, that $41,563 shall be provided for community
policing in Clinton; provided further, that $45,600 shall be provided for community
policing in Dalton; provided further, that $71,250 shall be provided for community
policing in Dedham; provided further, that $28,500 shall be provided for community
policing in Deerfield; provided further, that $41,563 shall be provided for
community policing in Dennis; provided further, that $33,440 shall be provided
for community policing in Dighton; provided further, that $19,000 shall be provided
for community policing in Dudley; provided further, that $38,000 shall be provided
for community policing in East Longmeadow; provided further, that $51,063 shall
be provided for community policing in Fairhaven; provided further, that $285,484
shall be provided for community policing in Fall River; provided further, that
$61,750 shall be provided for community policing in Fitchburg; provided further,
that $45,600 shall be provided for community policing in Georgetown; provided
further, that $45,600 shall be provided for community policing in Gill; provided
further, that $28,500 shall be provided for community policing in Granby; provided
further, that $45,600 shall be provided for community policing in Greenfield;
provided further, that $28,500 shall be provided for community policing in Hampden;
provided further, that $38,000 shall be provided for community policing in Hanson;
provided, that $32,000 shall be provided for community policing in the town
of Harwich; provided further, that $345,572 shall be provided for community
policing in Haverhill; provided further, that $42,275 shall be provided for
community policing in Holbrook; provided further, that $38,000 shall be provided
for community policing in Holliston; provided further, that $392,812 shall be
provided for community policing in Holyoke; provided further, that $38,000 shall
be provided for community policing in Hopkinton; provided further, that $983,982
shall be provided for community policing in Lawrence; provided further, that
$38,000 shall be provided for community policing in Longmeadow; provided further,
that $610,534 shall be provided for community policing in Lowell; provided further,
that $20,000 of the Lowell award shall be provided for an internship program
for the purpose of staffing police department substations in Lowell; provided
further, that $38,000 shall be provided for community policing in Ludlow; provided
further that $277,815 shall be provided for community policing in Lynn; provided
further, that $71,250 shall be provided for the Lynn Safe City Program; provided
further, that $122,313 shall be provided for community policing in Malden; provided
further, that $38,000 of the grant awarded to Malden shall be provided for the
funding of the community school service anti-violence officer position in the
city of Malden; provided further, that $47,500 shall be provided for community
policing in Marblehead; provided further, that $88,601 shall be provided for
community policing in Medford; provided further that $38,000 shall be provided
for community policing in Medway; provided further, that $99,750 shall be provided
for community policing in Melrose; provided further, that $402,717 shall be
provided for community policing in Methuen; provided further, that $66,215 shall
be provided for community policing in Millis; provided further, that $32,775
of the Millis award shall be provided for one-time equipment purchases; provided
further, that $46,313 shall be provided for community policing in Milton; provided
further, that $40,019 shall be provided for community policing in Montague;
provided further, that $61,750 shall be provided for community policing in Nahant;
provided further, that $57,000 shall be provided for community policing in Natick;
provided further, that $46,313 shall be provided for community policing in Needham;
provided further, that $289,481 shall be provided for community policing in
New Bedford; provided further, that $71,250 shall be provided for Project Learn
in New Bedford; provided further, that $30,000 shall be provided for community
policing in New Salem; provided further, that $60,563 shall be provided for
community policing in Newbury; provided further, that $46,313 shall be provided
for community policing in Newton; provided further, that $71,250 shall be provided
for community policing in North Adams; provided further, that $117,088 shall
be provided for community policing in North Andover; provided further, that
$55,813 shall be provided for community policing in North Attleboro; provided
further, that $49,875 shall be provided for community policing in North Reading;
provided further, that $58,900 shall be provided for community policing in Northampton
provided further, that $41,563 shall be provided for community policing in Northborough;
provided further, that $38,000 shall be provided for community policing in Northbridge;
provided further, that $40,019 shall be provided for community policing in Northfield;
provided further, that $85,500 shall be provided for community policing in Norwood;
provided further, that $40,019 shall be provided for community policing in Orange;
provided further, that $28,500 shall be provided for community policing in Oxford;
provided further, that $38,000 shall be provided for community policing in Palmer;
provided further, that $38,000 shall be provided for community policing in Peabody;
provided further, that $290,178 shall be provided for community policing in
Pittsfield; provided further, that $47,500 shall be provided for community policing
in Plainville; provided further, that $33,440 shall be provided for community
policing in Princeton; provided further, that $85,500 shall be provided for
community policing in Quincy; provided further, that $46,313 shall be provided
for community policing in Randolph; provided further, that $46,313 shall be
provided for community policing in Reading; provided further, that $461,700
shall be provided for community policing in Revere; provided further, that $42,275
shall be provided for community policing in Rockland; provided further, that
$56,145 shall be provided for community policing in Rowley; provided further,
that $95,000 shall be provided for community policing in Salem; provided further,
that $142,500 shall be provided for community policing in Salisbury; provided
further, that $106,400 shall be provided for community policing in Saugus; provided
further, that $47,500 of the award to Saugus shall be provided for drug enforcement
unit in Saugus; provided further, that $45,600 shall be provided for community
policing in Shelburne; provided further, that $33,440 shall be provided for
community policing in Sherborn; provided further, that $41,563 shall be provided
for community policing in Somerset; provided further, that $336,680 shall be
provided for community policing in Somerville; provided further, that $65,550
shall be provided for community policing in Southborough; provided further,
that $71,250 shall be provided for community policing in Spencer; provided further,
that $589,152 shall be provided for community policing in Springfield; provided
further, that $33,440 shall be provided for community policing in Sterling;
provided further, that $46,313 shall be provided for community policing in Stoneham;
provided further, that $28,500 shall be provided for community policing in Sunderland;
provided further, that $41,563 shall be provided for community policing in Swansea;
provided further, that $71,250 shall be provided for community policing in Taunton;
provided further, that $30,400 shall be provided for community policing in Truro;
provided further, that $39,900 shall be provided for community policing in Walpole;
provided further, that $57,000 shall be provided for community policing in Waltham;
provided further, that $57,000 shall be provided for community policing in Watertown;
provided further, that $38,000 shall be provided for community policing in Wellfleet;
provided further, that $33,440 shall be provided for community policing in West
Boylston; provided further, that $38,000 shall be provided for community policing
in West Springfield; provided further, that $82,650 shall be provided for community
policing in Westfield; provided further, that $36,243 shall be provided for
community policing in Westford; provided further, that $118,750 shall be provided
for community policing in Weymouth; provided further, that $28,500 shall be
provided for community policing in Whately; provided further, that $47,500 shall
be provided for community policing in Wilbraham; provided further, that $38,000
shall be provided for community policing in Williamstown; provided further,
that $50,968 shall be provided for community policing in Wilmington; provided
further, that $14,725 of the grant awarded to Wilmington shall be provided for
a community policing program for the elderly at a Deming Way housing project
in the town of Wilmington; provided further, that $46,313 shall be provided
for community policing in Winchester; provided further, that $747,650 shall
be provided for community policing in Worcester; provided further that not less
than $95,000 of the grant for Worcester shall be provided for community policing
in the section of Worcester know as Southern Worcester, including but not limited
to Vernon Hill, Grafton, Union and Green Island, for the purpose of curtailing
gang activity, related drug activity and gang formation and recruitment; provided
further, that $38,000 shall be provided for community policing in Wrentham;
provided further, that $54,530 shall be provided for community policing in Yarmouth;
provided further, that any community that was approved for a competitive grant
in fiscal year 2002 and did not receive any funding shall take first priority
in receiving consideration for competitive grants in fiscal year 2003; provided
further, that prior to the awarding of any grants in fiscal year 2004 the Joint
Committee on Public Safety and the House Committee on Post Audit and Oversight
shall conduct an investigation and study into the distribution process for community
policing grants; provided further, that the executive office of public safety,
local police chiefs and police commissioners, and representatives from the appropriate
police unions and police associations shall be consulted as part of said investigation
and study; provided further, that the Joint Committee on Public Safety and the
House Committee on Post Audit and Oversight issue a report with recommendations
on an equitable distribution process to the executive office of public safety
and the house and senate committees on ways and means not later than January
1, 2003; provided further, that the process for the awarding of community policing
grants in fiscal year 2004 shall take into consideration said recommendations;
provided further, that grants shall only be expended on items that are related
to community policing activities, programs, purchases or construction; provided
further, that grant funds shall not be expended on food and beverages, recruit
training academy tuition, salaries and benefits for non-community policing personnel
and payments for non-related overtime; and provided further, that not later
than February 1, 2003 the executive office of public safety shall submit a report
to the house and senate committees on ways and means detailing the amount of
grants awarded to said grant recipients and descriptions of said grants ........................................................................................
$20,267,596
Local Aid Fund ...................................................................................... 100.00%
8000-0020
For the statewide emergency telecommunications board; provided, that the board
shall collect an amount equivalent to the direct and indirect costs related
to the board pursuant to section 18F of chapter 6A of the General Laws .......$288,070
Local Aid Fund ...................................................................................... 100.00%
8000-0030
For the operation of a hate crimes awareness program to be administered by the
executive office of public safety .............................. $132,386
8000-0040
For police career incentives to reimburse certain cities and towns for career
incentive salary increases for police
officers ......................
$41,474,696
Local Aid Fund .............................................................................................. 100.00%
8000-0060
For the costs associated with implementation of chapter 228 of the acts of 2000;
provided, that the secretary of public safety may allocate funds appropriated
herein to agencies within the executive office of public safety ..... $346,663
8000-0101
The office of the secretary may expend up to a maximum of $17,980 in revenues
collected from fees for services performed through the auto etching program
...............................................................................................$17,980
8000-0619
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For the smoking prevention and cessation program established pursuant to chapter
254 of the acts of 1992 to be administered by the executive office of public
safety; provided, that not less than $1,100,000 shall be provided for a discretionary
grant program for city and town drug awareness and resistance education programs,
to be known as D.A.R.E. programs, which shall include information about the
health risks of cigarette smoking and shall include the participation of local
and state police officers, subject to the supervision of the department of public
health; provided that, no funds shall be expended for over time; and
provided further, that not less than $1,100,000 shall be provided as a discretionary
grant program for city and town student awareness of fire education programs,
to be known as S.A.F.E programs, which shall include information about the fire
risks caused by smoking (provided, that not less than
$200,000 shall be provided for a discretionary grant program for city and town
drug awareness and resistance education programs, to be known as D.A.R.E. programs,
which shall include information about the health risks of cigarette smoking
and shall include the participation of local and state police officers, subject
to the supervision of the department of public health)............................... $2,200,000 $200,000
Health Protection Fund ........................................................................... 100.00%
8000-1121
For a one-time firearms record keeping enhancement grant program for cities
and towns to be administered by the executive office of public safety pursuant
to section 2SS of chapter 29 of the General Laws ...................... $1,300,000This item was vetoed by the acting Governor
Firearms Record Keeping Fund .................................................................... 100.00%
Office of the Chief Medical Examiner.
8000-0105
For the operation of the office of the chief medical examiner established pursuant
to chapter 38 of the General Laws; provided, that $350,000 shall be expended
for toxicology testing and results .............................. $3,587,469
Local Aid Fund ........................................................................................ 50.00%
General Fund ............................................................................................ 50.00%
Criminal History Systems Board.
8000-0110
For the operation of the criminal history systems board; provided, that the
board shall fund one administrative assistant who shall be employed in the victim
services unit of the board for the continued and enhanced operation of the post-conviction
victim and witness certification program operated pursuant to chapter 258B and
clause (c) of the first paragraph of section 172 of chapter 6 of the General
Laws; provided further, that such victim services position shall be in addition
to any such positions approved as of February 1, 1998; and provided further,
that not more than $75,000 shall be expended for the purpose of enabling local
housing authorities access to criminal offense information when qualifying applicants
for state-assisted housing .............. $3,044,611
Highway Fund ................................................................................................... 50.00%
Local Aid Fund ................................................................................................. 50.00%
8000-0180
For the implementation of the Massachusetts instant recording and check system,
so-called, pursuant to section 2SS of chapter 29 of the General Laws .............................
$400,000
Firearms Record Keeping Fund ..................................................................... 100.00%
8000-1122
Language was struck out by the acting Governor
For the telecommunications and information technology costs of the criminal
history systems board; provided, that no funds provided herein shall be expended
in the KK subsidiary, so-called; provided further, that notwithstanding any
general or special law to the contrary, 100 per cent of the amount appropriated
in this item shall be charged to local police departments using CJIS, criminal
justice information system; provided further the criminal history systems board
shall determine a standard fee structure to be assessed to local police departments
based on usage of the CJIS system by the departments; provided further, that
the criminal history systems board shall evaluate and determine the above stated
fees annually to maintain this item; provided further, that the executive office
of public safety, working with the criminal history systems board shall develop
a criteria for waiving a local police department's obligation in the event of
an extraordinary public safety or fiscal crisis; provided further, that said
waiver program shall not be implemented unless a local department can demonstrate
that it is unable to meet the fee requirements to the satisfaction of the criminal
history systems board; and provided further, that the board shall file a report
no later then March 1, 2003 with the House and Senate committees on ways and
means on the total number of waivers granted under said program, and a list
of the cities or towns receiving said waivers ...................... $3,077,661
Sex Offender Registry Board.
8000-0125
For the operation of the sex offender registry program, including, but not limited
to, the costs of maintaining a computerized registry system and the classification
of persons subject to the registry .................. $3,797,740
Local Aid Fund ..................................................................................... 100.00%
State Police.
8100-0000
Language was struck out by the acting Governor
For the administration and operation of the department of state police, including
the payment of charges assessed to the department of state police for the costs
of worker's compensation, unemployment insurance, medicare taxes, medical security
plan, and the group insurance commission extended leave Chargeback; provided,
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 less than 40 officers shall be provided to the metropolitan
district commission division of watershed management for the purpose of patrolling
the watershed property of the commission; provided further, that funds shall
be expended from this item for the administration and operation of the crime
laboratory; provided further, that the colonel of state police shall maintain
the satellite western Massachusetts crime laboratory located at the Massachusetts
criminal justice training council; provided further, that said colonel shall
provide 1 additional chemist who shall be situated at the crime laboratory located
in the city known as the town of town of Agawam; provided further, that not
more than $95,295 shall be made available from this item for the Civilian Search
and Rescue Team; provided further, that not less than $638,066 shall be expended
for the state police air wing; provided further, that not more than $250,000
shall be made available for the western Massachusetts crime laboratory; 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 the department
of the state police shall inform state police troopers of the requirements pursuant
to section 20 of chapter 90 of the General Laws that a $30 surcharge shall be
added to fines assessed against any persons convicted or found responsible of
a violation of section 17 of chapter 90 of the General Laws or a violation of
a special regulation lawfully made under the authority of section 18 of said
chapter 90 and that 100 per cent of said $30 surcharge be deposited into the
Head Injury Trust Fund; provided further, that not less 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 metropolitan district commission
to provide police coverage on commission properties and parkways; provided further,
that not less than $75,000 shall be provided for the Massachusetts Task Force
Urban Search and Rescue Team headquartered in Beverly; provided further, that
not less than $20,000 shall be encumbered to reimburse the city of Springfield
arson and bomb squad for services performed at the request of the department
of state police; provided further, that the department shall maintain a complement
of not less than 6 explosives technicians; provided further, that the department
shall train as many members of the state police as necessary to attain and maintain
a complement of not less than 9 members of the violent fugitive arrest squad;
provided further, that the creation of a new or the expansion of the existing
statewide communications network shall include the division of law enforcement
within the department of fisheries, wildlife and environmental law enforcement
at no cost to, or compensation from, said division; and provided further, that
the colonel may appropriate resources to hire four additional chemists in the
DNA crime lab and furthermore that said colonel shall expend not more than $1,482,000
for equipment to properly support anti-terrorism readiness by forensic services
units ............................................. $192,648,183
Highway Fund .................................................................................................... 88.20%
Local Aid Fund .................................................................................................. 9.50%
General Fund ..................................................................................................... 2.30%
8100-0006
For private police details; provided, that the department may expend up to $14,000,000
in revenues collected from fees charged for private police details and for the
costs of administering such details; provided, that notwithstanding any general
or special law to the contrary, the department of state police may incur, and
the comptroller may certify for payment, expenses and liabilities during fiscal
year 2003 to be charged to this item in an amount not to exceed the lower of
this authorization or the most recent revenue estimate therefore as reported
in the state accounting system for the purposes stated herein to accommodate
the delayed receipt of revenues authorized to be retained in this item during
fiscal year 2003 ............................................... $14,000,000
8100-0007
For the overtime of State police officers including the operation of the drug
enforcement task force ......... $11,060,782
Highway Fund ................................................................................................. 88.20%
Local Aid Fund ................................................................................................9.50%
General Fund ....................................................................................................2.30%
8100-0011
The Department of State Police may expend an amount not to exceed $11,600,000
for certain police activities provided pursuant to agreements authorized in
this item; provided, that for Fiscal Year 2003, the Colonel of the State Police
may enter into service agreements with the Commanding Officer or other person
in charge of a military reservation of the United States located in the Commonwealth
of Massachusetts Development Finance Agency, established in Chapter 23G of the
General Laws; provided further, that such agreements shall establish the responsibilities
pertaining to the operation and maintenance of police services including, but
not limited to: (1) provisions governing payment to the Department for the cost
of regular salaries, overtime, retirement and other employee benefits; and (2)
provisions governing payment to the department for the cost of furnishings and
equipment necessary to provide such police services; provided further, that
the department may charge any recipients of police services for the cost of
such services, as authorized by this item; provided further, that the department
may retain the revenue so received and expend such revenue as necessary pursuant
to this item to provide the agreed level of services; provided further, that
up to $8,000,000 may be retained and expended by said Colonel for the enhanced
coverage related to terrorism concerns provided by 61 state troopers at the
Massachusetts Port Authority; provided further, that if the total of revenues
retained for said coverage during fiscal year 2003 is less than said $8,000,000,
no other revenues from any source nor any expenditures relating to any other
source of revenue may be applied to the difference between said $8,000,000 and
the amount of revenues retained from the Massachusetts Port Authority for said
purpose; provided further, that said Colonel, may enter into service agreements
as maybe necessary to enhance the protection of persons, as well as assets and
infrastructure located within the Commonwealth, from possible external threat
or activity, provided that such agreements shall establish the responsibilities
pertaining to the operation and maintenance of police services including, but
not limited to: (1) provisions governing payment to the Department for the cost
of regular salaries, overtime, retirement and other employee benefits; and (2)
provisions governing payment to the department for the cost of equipment necessary
to provide such police services; provided further, that the department may charge
any recipients of police services for the cost of such services, as authorized
by this item, provided further, that the department may retain the revenue so
received and expend such revenue as necessary pursuant to this item to provide
the agreed level of services; provided further, that said Colonel may expend
from this item costs associated with joint federal and state law enforcement
activities from federal reimbursements received therefor; and provided further,
that notwithstanding the provisions of any general or special law to the contrary
and for the purposes of accommodating discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not exceed the lower of this authorization
or the most recent revenue estimate ...............................
$11,600,000
Highway Fund ........................................................................................100.00%
8100-0020
The department of state police may expend an amount not to exceed $150,329 in
fees charged for the use of the statewide telecommunications system for the
maintenance of the system .....................................................
$150,329
8100-0301
This item was vetoed by the acting Governor
Local Aid Fund ............................................................................................ 100.00%
Criminal Justice Training Council.
8200-0200
Language was struck out by the acting Governor
For the operation of veteran, reserve and in-service training programs conducted
by the Massachusetts criminal justice training council; provided, that said
council shall expend not less than $250,000 in accordance with the provisions
of chapter 30B of the General Laws, for training and technical assistance for
chiefs of police and administrative or command personnel by: a) a combination
of training manuals, seminars, computer based training and distance learning;
b) research, drafting and mailing of monthly articles and presentations on legal
and administration topics; c) training presentations during and following monthly
meetings of policy chiefs; d) e-mail, toll-free consultation to chiefs on administrative
issues and follow-up on seminar topics; e) a state-wide three-day training conference
on management, legal and leadership issues; provided further, that said training
council shall inform chiefs of police of the requirements pursuant to the provisions
of section 20 of chapter 90 of the General Laws that a $30 surcharge shall be
added to fines assessed against any person convicted or found responsible of
a violation of the provisions of section 17 of chapter 90 of the General Laws
or a violation of a special regulation lawfully made under the authority of
section 18 of said chapter 90 and that 100 per cent of said $30 surcharge be
deposited into the head injury trust fund; provided further, that all chiefs
of police shall be instructed to enforce said provisions in their respective
departments; provided further, that the executive director of said council
shall submit a report not later than January 1, 2003 to the house and senate
committees on ways and means on police chief training offered by said council
that shall include, but not be limited to, the ongoing need for specialized
training of chiefs of police, the identification of the estimated cost of providing
such training to said chiefs of police, a detailed breakdown of all expenditures
related to chief of police training by date, event, publication, amount expended
and number of chiefs of police benefiting from said training, and that said
breakdown shall be made for fiscal years 2001, 2002 and the first quarter of
fiscal year 2003; provided further, that under no circumstances shall any expenditures
authorized by this item 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 herein .......................................................................................................
$2,703,086
Local Aid Fund ........................................................................................ 100.00%
8200-0222
The criminal justice training council may collect and expend an amount not to
exceed $1,161,500 for the purposes of providing training to new recruits; provided,
that the council shall charge $2,300 per recruit for said training; provided
further, that notwithstanding any general or special law to the contrary, the
criminal justice training council shall charge a fee of $2,300 per person for
training programs operated by the council for all persons who begin training
on or after July 1, 2002; provided further, that said fee shall be retained
and expended by said council; provided further, that the trainee, or, if the
trainee is a recruit, the municipality in which the recruit shall serve, shall
provide said fee in full to the council 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 said municipality or said
person has provided said fee in full to said council; provided further, that
for recruits of municipalities, upon the completion of said program, the municipality
shall deduct said fee from said recruit's wages in 23 equal monthly installments,
unless otherwise negotiated between said recruit and the municipality in which
said recruit shall serve; provided further, that if a recruit withdraws from
the training program before graduation, said council shall refund the municipality
in which the recruit was to have served a portion of said fee according to the
following schedule: if a recruit withdraws from said program before the start
of week two, 75 per cent of said payment shall be refunded; if a recruit withdraws
from said program after the start of week two but before the start of week three,
50 per cent of said fee shall be refunded; if a recruit withdraws from said
program after the start of week three but before the start of week four, 25
per cent of said fee shall be refunded; if a recruit withdraws after the start
of week four, the fee shall not be refunded; provided further, that a recruit
who withdraws from said program shall pay the municipality in which he was to
have served the difference between said fee and the amount forfeited by said
municipality according to said schedule; provided further, that said schedule
shall also apply to trainees other than recruits who enroll in said 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 council 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 2000, 2001, 2002 and 2003; provided further, that
said report shall be submitted to the house and senate committees on ways and
means no later than January 1, 2003; and provided further, that for the purposes
of accommodating discrepancies between the receipt of retained revenues and
related expenditures, the council 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, prior appropriation
continued ....................... $1,161,500
Department of Public Safety.
8311-1000
For the administration of the department of public safety; including the board
of building regulations and the architectural access board; provided, that the
department of public safety shall expend $14,000 for proper training, inspection
and certification of amusement park inspectors, 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 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 permitting the operation of
amusement devices and 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 out of this account ............. $1,285,204
8315-1000
For the administrative costs of the division of inspections; provided, that
the expenses of the state boxing commission shall be paid from this item; provided
further, that a doctor's certificate from another state shall be accepted as
evidence of an eye examination; provided further, that fees for inspections
performed during overtime hours shall be determined by the commissioner of administration;
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 2 additional elevator inspectors in fiscal
year 2003 in excess of any such positions approved as of February 1, 1998 and
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 subsidiary 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 fee for inspections performed during overtime
hours shall be not less than $100; provided further, that the division shall
inspect all elevators in the state house and the McCormack office building;
provided further, that the commissioner shall submit monthly reports to the
house and senate committees on ways and means detailing the elevator and building
inspection case loads; provided further, that the report shall outline any inspections
that will not be completed by the required due date; and provided further, that
the first such report shall be filed not later than December 15, 2002; and provided
further, that the commissioner shall submit monthly reports to the house and
senate committees on ways and means detailing the investigator caseloads in
each division of inspection,
without disclosing names or other personal identifiers of such investigators;
and provided further, that the first such report shall be filed not later than
December 15, 2002 ............. $3,846,238
8315-1020
The department of public safety may expend for the salary and employee-related
costs of not more than 14 elevator inspectors an amount not to exceed $700,000;
provided, that the department may expend an amount not to exceed $250,000 for
the salary and employee-related costs of not more than 1 additional engineering
inspector and for the retention of current building and engineering inspectors
whom shall be compensated at a rate comparable to a job grade 28 classification;
provided further, that such additional engineering inspector position shall
be in addition to any such positions added during fiscal year 1995; provided
further, that engineering inspector positions and current building and engineering
inspector compensation adjustments shall be paid from fees charged for elevator
inspections pursuant to sections 62 and 62A of chapter 143 of the General Laws,
in addition to funds available for this purpose in item 8315-1000; 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 ............... $900,000
8315-1025
The department of public safety may collect and expend an amount not to exceed
$80,000 for the purposes of providing state building code training and courses
for instruction; provided, that said agency may charge fees for the classes
and education materials associated with administering training; provided further,
that no costs in the AA subsidiary, shall be charged to this line item; 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 payments amounts not to exceed
the lower of this authorization or the most recent revenue estimate as reported
in the state accounting system ......................................... $80,000
Department of Fire Services.
8324-0000
For the administration of the department of fire services; provided, that notwithstanding
any general or special law to the contrary, 100 per cent of the amount appropriated
in this item shall be assessed upon insurance companies writing fire, homeowners
multiple peril or commercial multiple peril policies on property situated in
the commonwealth and paid within 30 days after receiving notice of such assessment
from the commissioner of insurance ...................... $2,158,622
8324-1000
This item was reduced and language was striken by the
acting Governor
For the operation of the state fire marshal's office; provided, that $100,000
shall be expended for a Suffolk county arson prevention program; provided
further, that notwithstanding any general or special law to the contrary, the
amount appropriated herein shall be assessed upon insurance companies writing
fire, homeowners multiple peril or commercial multiple peril policies on property
situated in the commonwealth and paid within 30 days after receiving notice
of said assessment from the commissioner of insurance; provided further, that
not more than 10 per cent of the amount designated for the arson prevention
program shall be expended for the administrative cost of the program; provided
further, that the expenses of the board of fire prevention regulations, pursuant
to section 4 of chapter 22D of the General Laws, shall be paid from this item;
provided further, that the expenses of the fire safety commission shall be paid
from this item; provided further, that not less than $100,000 be expended for
the administration of a statewide program to provide for critical incident stress
intervention for the fire departments of the cities, towns, and fire districts
of the commonwealth, including, but not limited to, consultant services, training,
equipment, and supplies; provided further, that not less than $100,000 shall
be appropriated for a western Massachusetts office for the state fire marshal
at the former Northampton state hospital; provided further, that the fire marshal
shall establish a course for municipal fire personnel in blasting technologies
and safety; provided further, that the fire marshal may establish fees to cover
the cost of said course; and provided further, that $25,000 shall be expended
for the costs of operating the Fire Starters program by the Plymouth County
juvenile court, including, but not limited to, the costs of leasing space ........................................... $1,146,490 $1,021,490
8324-1007
For the operation of the hazardous materials emergency response program; provided,
that notwithstanding any general or special law to the contrary, funds scheduled
in the PP subsidiary, so-called, pursuant to section 27 of chapter 29 of the
General Laws for this item in fiscal year 2003, shall not be transferred to
any other subsidiary in said fiscal year; and provided further, that notwithstanding
the provisions of any general or special law to the contrary, an amount up to
$2,291,446 shall be assessed upon insurance companies writing commercial multiple
peril, non-liability portion, policies on property situated in the commonwealth
and commercial auto liability policies as referenced in line 5.1 and line 19.4,
respectively, in the document filed with the commissioner of insurance and known
as: "Exhibit of Premiums and Losses, Business in the State of Massachusetts
during the year 2000" .........................
$2,291,446
8324-1101
For the costs of the department for the enforcement of underground storage tank
compliance standards set forth in sections 38B to 38I, inclusive, of chapter
148 of the General Laws and the rules and regulations promulgated pursuant
thereto ...................................................... $176,453
Underground Storage Tank Petroleum Product Clean-Up Fund ............ 100.00%
8324-1500
This item was reduced and language was striken by the
acting Governor
For the fire training program utilizing the split days option, so-called, including
the Massachusetts fire training council certification program, municipal and
non-municipal fire training, and expenses of the council; provided, that notwithstanding
the provisions of any general or special law to the contrary, the estimated
expenses of the administration of the academy, including the estimated expenses
of training facilities and curriculum for firefighting personnel and training
programs, shall not exceed $3,607,697 in fiscal year 2003; provided further,
that the funds necessary to support this item shall be assessed upon insurance
companies writing fire, homeowners multiple peril or commercial multiple peril
policies on property situated in the commonwealth and paid within 30 days after
receiving notice of said assessment from the commissioner of insurance; provided
further, that not less than $100,000 shall be expended for the Tiered Training
Program for Call and Volunteer Firefighters; provided further, that not less
than $48,992 shall be available for the community-based fire prevention program
in the Fall River area; and provided further, that not less than $42,500 shall
be provided for the community based fire prevention program in the City of Malden ........................................$3,607,697 $3,516,205
Local Aid Fund .............................................................................. 100.00%
Registry of Motor Vehicles.
8400-0001
Language was struck out by the acting Governor
For the administration and operation of the registry of motor vehicles, including
the title division and including all rent and related parking and utility expenses
of the registry; provided, that the positions of administrative assistant to
the registrar, legislative assistant, executive assistant to the registrar and
the director of employee relations shall not be subject to civil service laws
and rules; provided further, that all expenditures related to computer automation
shall be subject to satisfactory quarterly reviews by the information technology
division and pursuant to schedules by the division; provided further, that 40
per cent of the costs of personnel services associated with the registry computer,
which reflects the proportionate use of the computer by the merit rating board,
shall be assessed to insurance companies doing motor vehicle insurance business
within the commonwealth, pursuant to section 183 of chapter 6 of the General
Laws; provided further, that the registry of motor vehicles may print and
distribute to the various police departments and agencies of the commonwealth
speeding citation forms containing notice that a conviction or a finding of
responsibility of a violation of section 17 of chapter 90 of the General Laws
or a violation of any special regulation relative to the speed of motor vehicles
will result in a $30 surcharge pursuant to section 20 of said chapter 90; provided further, that the registry may operate a full-service branch in Southbridge;
provided further, that the registry shall operate an office in the city of Fall
River; provided further, that the registry may run a license express office
in Lynn; provided further, that the registry may operate a full service office
in Milford to be operated 5 days a week; provided further, the registry shall
operate a license express office in Walpole; provided further that the registry
shall operate a license express office in Falmouth; provided further, that said
registry may operate a full-service office in the city of Lowell; provided further,
that said registry may operate a license express office in the Grove Hall neighborhood
in the city of Boston; provided further, that the registry may operate an office
in the city of Taunton which shall handle license business, learner's permits,
road testing and full service registration business to the general public, as
provided through April 24, 1998; provided further, that the registry shall establish
and maintain a record of all vehicles leased within the commonwealth for a period
longer than 30 days; provided further, that such record shall include, but not
be limited to, the names and addresses of the lessor and the lessee; provided
further, that the registry shall have an employee or other such person answering
all initial incoming telephone calls at the customer phone information center
between the hours of 9:00 a.m. and 5:00 p.m.; provided further, that the registry
may operate within the Springfield branch a one stop international registration
plan office for truck registrations to serve the former counties of Hampden,
Hampshire, Franklin and Berkshire; provided further, that the registry shall
take all steps necessary to improve customer service within existing resources;
and provided further, that said registry shall submit a report to the house
and senate committees on ways and means not later than April 1, 2003 detailing
the steps taken and the resultant change in customer service ........................................................$47,656,972
Highway Fund ......................................................................................... 100.00%
8400-0016
For the operation of the motorcycle safety program previously operated under
the direction of the governor's highway safety bureau; provided, that not more
than $100,000 shall be expended on the one-time expansion initiatives to further
the reach and benefit of the motorcycle safety program; and provided further,
that the comptroller shall not permit any expenditure from this item that would
result in a negative balance in the motorcycle safety fund as of
June 30, 2003 ...... $289,866
Motorcycle Safety Fund ......................................................................... 100.00%
8400-0024
Notwithstanding section 2 of chapter 280 of the General Laws, the registry of
motor vehicles may expend not more than $3,000,000 of revenue collected pursuant
to chapter 90C of the General Laws from assessments for civil motor vehicle
infractions; provided, that the amount of this expenditure shall be subtracted
from the amount that otherwise would be credited to the Highway Fund pursuant
to said section 2 of said chapter 280 and shall not affect nor alter the amounts
of payments made to cities and towns pursuant to said section 2 of said chapter
280; provided further, that the registry of motor vehicles shall work with the
office of the state comptroller to begin participating in the state's intercept
program; and provided further, that no costs payable in the AA subsidiary shall
be charged to this item ........................$3,000,000
8400-0033
The registry of motor vehicles may expend revenues collected up to a maximum
of $3,500,000 from the fees charged for driver record access, operating under
the influence reinstatement and registration reinstatement; provided, that for
the purpose of accommodating discrepancies between the receipt of retained revenues
and related expenditures, the registry may incur expenses and the comptroller
may certify for payments amounts not to exceed the lower of this authorization
or the most recent revenue estimate as reported in the state accounting system;
provided further, that all expenditures related to computer automation shall
be subject to satisfactory quarterly reviews by the information technology division
and pursuant to schedules prepared by the division; provided further, that 40
per cent of the costs of personnel services associated with the registry computer,
which reflects the proportionate use of said computer by the merit rating board,
shall be assessed to insurance companies doing motor vehicle insurance business
within the commonwealth, pursuant to section 183 of chapter 6 of the General
Laws; and provided further, that no costs payable in the AA subsidiary shall
be charged to this item .............. $3,500,000
Merit Rating Board.
8400-0100
For the operation of the safe driver insurance plan authorized pursuant to chapter
6 of the General Laws, including the rent, related parking and utility expenses
of the merit rating board; provided, that notwithstanding the provisions of
any general or special law to the contrary, no safe driver insurance plan shall
require the payment of an unsafe driver point surcharge for the first offense
for non-criminal, motor vehicle traffic violations as described in chapter 90C
of the General Laws ............ $8,686,610
Highway Fund ...........................................................................................100.00%
Committee on Criminal Justice.
8600-0001
For the administration of the committee on criminal justice; provided, that
the executive director of the committee shall submit a report which shows the
amounts of all grants awarded to municipalities by the committee in fiscal year
2002; provided further, that the report shall identify the exact amount of required
state match for all federal programs; and provided further, that the report
shall be submitted to the house and senate committees on ways and means no later
than February 1, 2003 ............................ $260,093
8600-0060
For the purchase and distribution of sexual assault evidence collection kits
.................................. $55,861
Military Division.
8700-0001
For the operation of the military division, including the offices of the adjutant
general and state quartermaster, the operation of the armories, the camp Curtis
Guild rifle range and certain national guard aviation facilities; provided,
that notwithstanding the provisions of chapter 30 of the General Laws, certain
military personnel in the military division may be paid salaries according to
military pay grades, so-called; and provided further, that said adjutant general
shall maintain a roster of Massachusetts veterans as directed by section 15
of chapter 33 of the General Laws ............$5,597,481
General Fund ............................................................................................. 50.00%
Local Aid Fund ......................................................................................... 50.00%
8700-1140
The state quartermaster may expend an amount not to exceed $500,000 from revenues
collected for the purposes described herein; provided, that the state quartermaster
may expend from fees collected for the non-military rental or use of armories
for the costs of utilities and maintenance; and provided further, that the state
quartermaster may expend an amount not to exceed $250,000 for salaries, subsistence,
quarters, and associated costs for national guard soldiers ordered to perform
state missions pursuant to chapter 33 of the General Laws, from revenues resulting
from the acceptance of funds from any person, governmental entity or non-governmental
entity to defray such
expenses ..................................... $500,000
Massachusetts Emergency Management Agency.
8800-0001
For the operations of the Massachusetts emergency management agency; provided,
that expenditures from this item shall be contingent upon the prior approval
of the proper federal authorities .............................................
$763,162
Local Aid Fund .........................................................................................100.00%
8800-0100
For the nuclear safety preparedness program of the Massachusetts emergency management
agency; provided, that the costs of the program, including fringe benefits and
indirect costs, shall be assessed upon Nuclear Regulatory Commission licensees
operating nuclear power generating facilities in the commonwealth; provided
further, that the department of telecommunications and energy shall develop
an equitable method of apportioning such assessments among such licensees; and
provided further, that such assessments shall be paid during the current fiscal
year as provided by the department ....... $361,328
Local Aid Fund .......................................................................................................... 100.00%
8800-0200
For the Seabrook nuclear safety preparedness program; provided, that the cost
of the program 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
for the purposes of this item, "electric companies" shall mean all
persons, firms, associations and private corporations which own or operate works
or a distributing plant for the manufacture and sale or distribution and sale
of electricity within the commonwealth; and provided further, that the term
"electric company" shall not include municipalities or municipal light
plants ........................................................................................................................$269,473
Governor's Highway Safety Bureau.
8850-0001
For the highway safety program to provide matching funds for a federal planning
and administration grant pursuant to 23 U.S.C. section 402 (d); provided, that
the bureau shall develop a master plan to increase the usage of motor vehicle
safety belts in the commonwealth, including, but not limited to, enhanced drivers'
education, public awareness campaigns, and enforcement; and provided further,
that the master plan shall not consider primary enforcement of the law requiring
the use of safety belts ................................................................................................................................
$249,056
Highway Fund .....................................................................................100.00%
Department of Correction.
8900-0001
This item was reduced and language was struck out and
other language was inserted by the acting Governor
For the operation of the commonwealth's department of corrections, including
the administration of the department; provided, that employees in the prisoners
classification division shall not be subject to civil service law and rules;
and provided further, that notwithstanding any general or special law to the
contrary, the director of civil service shall certify to the commissioner of
correction, upon receipt of permanent requisitions, names of correction officers
to fill permanent vacancies; and for inmate health services; provided, that
the commissioner of correction shall file quarterly reports detailing expenditures
from this item with the house and senate committees on ways and means; and for
the educational services department, and for the operation of the correctional
residential services and for the payment of charges assessed to the department
of correction for the payment of workers' compensation, unemployment insurance,
Medicare taxes, medical security plan and the group insurance commission extended
leave chargeback; provided further, that before closing any correctional facility,
the Commissioner of Corrections and the Secretary of Public Safety shall report
to the House and Senate Committees on Ways and Means and Public Safety on the
per-inmate cost of incarceration in the closing facility, and the per-inmate
cost in the facilities to which inmates will be moved; provided further,
that the Commissioner of Corrections and the Secretary of Public Safety shall
report to the Committees on Ways and Means and Public Safety before January
1 of each year the point score compiled by the department's objective classification
system for all prisoners confined in each prison operated by the department
and said report shall be for a particular date and shall not include prisoner's
names; provided further, that before January 31, 2003, the commissioner shall
seek assistance from the National Institutes of Correction to perform a revalidation
of the department's classification system, with the goals of promoting safety
of staff and inmates in the correction institutions, public safety after inmates'
release, and potential savings in state spending; provided further that said
study shall be at no cost to the state; provided further, that said commissioner
shall, with the approval of the Secretary of Public Safety, conduct a study
in order to determine the feasibility of modifying and improving the facilities
at MCI Lancaster for use as a regional lockup facility within Worcester County;
provided further, that the department shall expend not less than $997,000 to
cities and towns hosting facilities; provided further, that one-half of
the number of inmates incarcerated at Souza-Baranowski correctional center shall
be deemed to be incarcerated within a correctional facility in the town of Shirley
and one half shall be deemed to be incarcerated within a correctional facility
in the town of Lancaster; provided further, that $300,000 shall be provided
for the Aid to Incarcerated Mothers organization; provided further, that the
department shall implement a statewide post-conviction victim and witness advocacy
program; provided further, funds may be expended for salaries and employee benefits
of said victim and witness advocates; provided further, that training and technical
assistance shall be provided and the program shall be coordinated, monitored
and evaluated; provided further, that $40,000 shall be provided for the Dismas
House; and provided further, that the number of victim and witness advocate
positions funded from this item in fiscal year 2003 shall be not less than the
number funded from this item in fiscal year 2002 (provided
further, that the department shall expend not less than $83,083 to cities and
towns hosting facilities).................. $417,014,915 $416,100,998
General Fund ........................................................................................ 99.78%
Local Aid Fund ..................................................................................... 0.22%
8900-0010
For prison industries and farm services; provided, that the commissioner of
correction shall determine the cost of manufacturing motor vehicle registration
plates and certify to the comptroller the amounts to be transferred from the
Highway Fund to the General Fund; and provided further, that the commissioner
of correction shall submit quarterly financial reports detailing revenues generated
and expended, to the house and senate committees on ways and
means ........ $1,901,019
8900-001
For a prison industries and farm services revenue retention account; provided,
that the department may expend an amount not to exceed $2,600,000 from revenues
collected from the sale of products, for materials, supplies, equipment, maintenance
of facilities and compensation of employees of the program; and provided further,
that all expenditures from this item shall be subject to chapter 29 of the General
Laws and recorded on the Massachusetts management accounting and reporting system
...............................................................................................................$2,600,000
8900-0045
The Department of Correction is hereby authorized to expend for the operation
of the department, including personnel-related expenses, an amount not to exceed
$6,624,000 from revenues received from federal inmate reimbursements; provided,
that $900,000 from said reimbursements shall not be available for expenditure
and shall be deposited in the General Fund prior to the retention by the department
of any said reimbursements; and provided further, that notwithstanding the provisions
of any general or special law to the contrary, for the purpose of accommodating
timing discrepancies between the receipt of retained revenues and related expenditures,
the department may incur expenses and the comptroller may certify for payment
amounts not to exceed the lower of this authorization or the most recent revenue
estimate therefore as reported in the state accounting system .......................................................
$6,624,000
County Corrections.
8910-0000
Language was struck out by the acting Governor
For a reserve to fund county correctional programs; provided, that the funds
appropriated in this item shall be distributed among the sheriffs departments
of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties
by the county government finance review board upon prior notification to the
house and senate committees on ways and means; provided further, that funds
appropriated here-in shall be in addition to and contingent on the provisions
of line item 1599-7092; provided further, that funds made available to Plymouth
county can be expended for operating and debt service costs associated with
state inmates housed in the Plymouth county facility, pursuant to the provisions
of clauses 3 and 4 of the Memorandum of Agreement signed May 14, 1992; provided
further, that Suffolk county may receive additional funding from the balance
for county correction maintenance and operation expenses; provided further,
that funds distributed from this item shall be paid to the treasurer of each
county who shall place such funds in a separate account within the treasury
of each such county; provided further, that the treasurer shall authorize temporary
transfers into this account for operation and maintenance of jails and houses
of correction in advance of receipt of the amount distributed by the commonwealth
under this item; provided further, that upon receipt of the state distribution,
the treasurer may transfer out of such account an amount equal to the funds
so advanced; provided further, that all funds deposited in such accounts and
any interest accruing thereto shall be used solely for the functions of the
sheriffs' departments of the various counties including, but not limited to,
maintenance and operation of jails and houses of correction, without further
appropriation; provided further, that the sheriff's department of each county
shall reimburse the county treasurer of each county for personnel-related expenses,
with the exception of salaries, attributable to the operations of the sheriff's
department of each county heretofore paid by the county including, but not limited
to, the cost of employee benefits; provided further, that the spending plans
required by this item shall be developed by the county government finance review
board, in consultation with the Massachusetts Sheriffs' Association; provided
further, that in accordance with section 247 of chapter 38 of the acts of 1995,
all spending plans shall be detailed by subsidiary and object code in accordance
with the expenditure classification requirements promulgated by the comptroller;
provided further, that such spending plans shall be accompanied by a delineation
of all personnel employed by each county correctional facility including, but
not limited to, position, title, classification, rank, grade, salary and full-time
or part-time status; provided further, that such spending plans shall be accompanied
by a delineation of all vehicles leased, owned or operated by each county sheriff;
provided further, that such delineation shall include vehicle make and model,
year, mileage, condition, date purchased or leased and vehicle primary use;
provided further, that no sheriff shall purchase any new vehicles or major equipment
in fiscal year 2003 unless such purchase is made pursuant to a multicounty or
regionalized collaborative procurement arrangement or unless such purchase is
directly related to significant population increase or is otherwise necessary
to address an immediate and unanticipated public safety crisis and is approved
by the county government finance review board and the executive office of public
safety; provided further, that notwithstanding the provisions contained in this
item, sheriffs may purchase "marked" prisoner transportation vans,
so-called, upon notification to the county government finance review board;
provided further, that notwithstanding the provisions of any special law to
the contrary, no county treasurer shall retain revenues derived by the sheriffs
from commissions on telephone service provided to inmates or detainees; provided
further, that said revenues shall be retained by the sheriffs not subject to
further appropriation for use in a canteen fund, so-called; provided further,
that the county government finance review board and the executive office of
public safety shall identify and develop county correction expenditures which
shall be reduced through shared contracts, regionalized services, bulk purchasing
and other centralized procurement savings programs; provided further, that documentation
of such expenditures and savings shall be submitted to the house and senate
committees on ways and means not later than December 30, 2002 and shall make
provision for such system of shared contracts, regionalized services, bulk purchasing
and other centralized procurement savings to take effect not later than June
30, 2003; provided further, that the daily count sheet for county facilities,
so-called, compiled by the executive office of public safety, shall be filed
with the Massachusetts Sheriffs' Association not less than monthly; provided
further, that all revenues including, but not limited to, revenue received from
housing federal prisoners, United States Marshals, canteen revenues, inmate
industries and work-crew revenues shall be tracked and reported quarterly to
the house and senate committees on ways and means and the Massachusetts Sheriffs'
Association; provided further, that on or before August 15, 2002, each county
sheriff shall submit a final spending plan for fiscal year 2003 to the county
government finance review board and the house and senate committees on ways
and means detailing the level of resources deemed necessary for the operation
of each county correctional facility and the expenditures which shall be reduced
to remain within the appropriation; provided further, that failure by a county
sheriff to comply with any provision of this item shall result in a reduction
of subsequent quarterly payments to amounts consistent with a rate of expenditure
of 95 per cent of the rate of expenditure for fiscal year 2002, as determined
by the county government finance review board; provided further, that each sheriff
shall submit to the executive office of public safety and the house and senate
committees on ways and means copies of such spending plans not later than August
15, 2002; provided further, that on or before September 15, 2002, the county
government finance review board shall have approved final fiscal year 2003 county
correction budgets; provided further, that the county government finance review
board shall provide the executive office of public safety and the house and
senate committees on ways and means with copies of such approved budgets not
later than October 15, 2002; provided further, that such budgets shall include
distribution schedules for the final two quarters of fiscal year 2003 and such
plans shall be used to make all subsequent quarterly distributions; provided
further, that services shall be provided to the extent determined to be possible
within the amount appropriated in this item and each sheriff shall make all
necessary adjustments to ensure that expenditures do not exceed the appropriation;
provided further, that each county shall expend during fiscal year 2003, for
the operation of county jails and houses of correction and other statutorily
authorized facilities and functions of the office of the sheriff, in addition
to the amount distributed from this item, not less than 102.5 per cent of the
amount expended in fiscal year 2002 for such purposes from own-source revenues,
which shall not be less than 5 per cent of total county revenues including,
but not limited to, amounts levied pursuant to sections 30 and 31 of chapter
35 of the General Laws and amounts provided pursuant to sections 11 to 13, inclusive,
of chapter 64D of the General Laws; provided further, that in fiscal year 2003,
those counties which have not met maintenance of effort obligations in prior
fiscal years shall expend not less than the minimum contribution, as defined
above from own-source revenues; provided further, that notwithstanding the provisions
stated in this item, the maintenance of effort obligations for Suffolk county
shall be 5 per cent of the total fiscal year 2003 Suffolk county correction
operating budget as approved by the county government finance review board;
provided further, that notwithstanding the provisions of any general or special
law to the contrary, the deputy commissioner of local services shall certify
on or before May 15, 2003 that all municipalities have appropriated and transferred
to their respective county treasuries, not less than 102.5 per cent of the municipality's
prior year obligations or minimum contributions as defined above, whichever
is greater, for county corrections; provided further, that if a municipality
fails to transfer such obligation, said deputy commissioner shall withhold an
amount equal to the shortfall in the obligation due to the county from such
municipality's fourth quarter local aid "cherry sheet" distribution,
so-called, authorized from item 0611-5500 of section 2 and from funds made available
from the State Lottery Fund distribution in section 3; provided further, that
on or before August 1, 2002, said deputy commissioner shall report all such
withholdings to the house and senate committees on ways and means; provided
further, that in fiscal year 2003, notwithstanding the provisions of section
20A of chapter 59 of the General Laws, any county except Suffolk and Nantucket
may increase its county tax for said fiscal year by an additional amount if
the total amount of such additional county tax is approved by two-thirds of
the cities and towns in the county, in towns by a majority vote of the town
meeting or town council, and in cities by a majority vote of the city council
or board of aldermen, with the approval of the mayor or manager; provided
further, that each sheriff shall continue to report all expenditures on the
Massachusetts management accounting reporting system, so-called, in accordance
with the latest expenditure classification requirements promulgated by the comptroller
pursuant to section 27 of chapter 29 of the General Laws; and provided further,
that each sheriff funded from this item shall report on a monthly basis to the
house and senate committees on ways and means on the average monthly inmate
population in the county starting not later than September 30, 2002 ..................................................
$126,818,218
Local Aid Fund .............................................................................................. 100.00%
8910-0010
For the purpose of funding expenses for services provided to inmates of county
correctional facilities by the department of public health Lemuel Shattuck hospital
in fiscal year 2003; provided, that said department shall notify the county
government finance review board and the comptroller of all such expenses; provided
further, that not more than 30 days after receiving such notification, the board
shall certify to the comptroller the amount of such expenses to be charged to
this item; provided further, that upon receiving such certification, the comptroller
shall effect the transfer of such amount from this item to item 4590-0903 in
section 2B; and provided further, that such actual and projected payments shall
be considered expenditures within each county spending plan and shall be reflected
as such in proposed spending plans required by 8910-0000 in section 2 .............................................................................................
$1,300,000
Local Aid Fund ........................................................................................ 100.00%
Sheriffs.
8910-0102
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Hampden county; provided, that the sheriff shall report
to the house and senate committees on ways and means on the average monthly
inmate population in the county starting not later than August 1, 2002; provided
further, that $110,000 shall be provided for the purpose of funding expenses
for a contract between the Pioneer Valley Regional Transit Authority and the
Hampden county sheriff's department; and provided further, that the Pioneer
Valley Regional Transit Authority shall enter into contract with the Hampden
county sheriff's department and shall maintain an express bus route from the
city of Springfield to the former Hampden county house of correction ...........................................
$52,729,395
8910-0105
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Worcester county; provided, that said sheriff shall
report to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 ...............................................................
$37,101,225
8910-0107
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Middlesex county; provided, that the sheriff shall
report to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 ....................................................
$47,428,007
8910-0108
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Franklin county; provided, that said sheriff shall
report to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 ...................................................
$5,985,545
8910-0110
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Hampshire county; provided, that said sheriff shall
report to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 .........................................................................................................................
$10,079,670
8910-0145
For the operation of a jail, house of correction, and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Berkshire county; provided, that the sheriff shall
report to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 ................................................
$11,450,390
8910-0160
For a retained revenue account for the Middlesex sheriff's department for reimbursements
from the federal government for costs associated with the incarceration of federal
inmates at the Billerica house of correction; provided, that the department
may expend for the operation of the department and for renovation of a new training
facility and one-time capital maintenance issues at the Billerica house of correction
an amount not to exceed $850,000 from revenues collected from the incarceration
of federal inmates; 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, so-called ...... $850,000
8910-0188
The Franklin sheriff's department may expend for the operation of the department
an amount not to exceed $650,000 from revenues received from federal inmate
reimbursements; provided, that $500,000 from the reimbursements shall not be
available for expenditure and shall be deposited in the General Fund prior to
the retention by the department of any said reimbursements; and provided further,
that notwithstanding 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 ............................... $650,000
8910-0619
For the operation of the jail, house of correction and any other statutorily
authorized facilities and functions under the administration of the office of
the sheriff of the former Essex county; provided, that the sheriff shall report
to the house and senate committees on ways and means on the average monthly
inmate population in said county starting not later than August 1, 2002 .................................................
$38,727,022
8910-1000
For a prison industries revenue retention account for the Hampden sheriff's
department; provided, that the department may expend any amount not to exceed
$543,963 from revenues collected from the sale of products, for materials, supplies,
equipment, maintenance of facilities and compensation of employees of the program;
and provided further, that all expenditures from this item shall be subject
to chapter 29 of the General Laws and recorded on the Massachusetts management
accounting and reporting system .........................................................................................
$543,963
8910-1100
For a prison industries revenue retention account for the Middlesex sheriff's
department; provided, that the department may expend an amount not to exceed
$75,000 for revenues collected from the sale of products, for materials, supplies,
equipment, maintenance of facilities and compensation of employees of the program;
and provided further, that all expenditures from this item shall be subject
to chapter 29 of the General Laws and recorded in the Massachusetts management
accounting and reporting system ..........................................................................
$75,000
8910-1111
The Hampshire sheriff's department may expend for the operation of the department
an amount not to exceed $163,000 from revenues received from federal inmate
reimbursements; provided, that $150,000 from the reimbursements shall not be
available for expenditure and shall be deposited in the General Fund prior to
the retention by the department of any the reimbursements; and provided further,
that notwithstanding any general or special law to the contrary, for the purpose
of accommodating timing discrepancies between the receipt of retained revenues
and related expenditures, the department may incur expenses and the comptroller
may certify for payment amounts not to exceed the lower of this authorization
or the most recent revenue estimate therefor as reported in the state accounting
system ................................. $163,000
8910-2222
The Hampden sheriff's department may expend for the operation of the department
an amount not to exceed $200,000 from revenues received from federal inmate
reimbursements; provided, that $312,000 from these reimbursements shall not
be available for expenditure and shall be deposited in the General Fund prior
to the retention by the department of any of these reimbursements; and provided
further, that notwithstanding any general or special law to the contrary, for
the purpose of accommodating timing discrepancies between the receipt of retained
revenues and related expenditures, the department may incur expenses and the
comptroller may certify for payment amounts not to exceed the lower of this
authorization or the most recent revenue estimate therefor as reported in the
state accounting system ................$200,000
8910-6619
The Essex sheriff's department may expend for the operation of the department
an amount not to exceed $400,000 from revenues received from federal inmate
reimbursements; provided, that $600,000 from the 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 therefor as reported in the
state accounting system .....$400,000
Parole Board.
8950-0001
For the operation of the parole board ........................................................................................
$13,728,501
8950-0002
For the victim and witness assistance program of the parole board, in accordance
with chapter 258B of the General
Laws ..............................
$277,745
Victim Witness Assistance Fund .................................................................. 100.00%
EXECUTIVE OFFICE OF ELDER AFFAIRS.
Office of the Secretary.
9110-0100
For the operation of the executive office; provided, that the secretary of elder
affairs shall collaborate with the commissioner of medical assistance and the
deputy purchasing agent of the operational services division to identify and
seek federal reimbursement for all home care services meeting the definition
of personal care services in 42 CFR 440.170(f) and case management in 1915(g)
of Title XIX, furnished to persons eligible for medical assistance under the
provisions of chapter 118E of the General Laws; provided further, that said
executive office shall enter into an interagency service agreement with the
department of veterans' services to maximize revenues by identifying individuals
who are eligible for veterans' pensions and are currently receiving home care
and home health services; provided further, that the secretary shall continue
to support community care ombudsman services; provided further, that the executive
office of elder affairs shall report to the house and senate committees on ways
and means no later than November 15, 2002 on all state services that are eligible
for federal financial participation under the terms of the 2176 waiver, eligible
state services for which the state is not currently claiming federal financial
participation, and the steps currently being taken to begin claiming federal
financial participation on these eligible services; and provided further, that
the special commission to study the future of long term health care in the commonwealth,
established by this item in fiscal year 2002, shall meet until December 31,
2003 and shall release its first recommendations July 31, 2003 ......................$1,963,804
9110-0102
For the regulation of assisted living facilities; provided, that the executive
office of elder affairs shall report quarterly to the house and senate committees
on ways and means the number of assisted living units certified and the total
revenues generated from application and certification fees for such units ........
$318,292
Assisted Living Fund .............................................................................. 100.00%
9110-1455
This item was reduced by the acting Governor
For the costs of the drug insurance program authorized by section 39 of chapter
19A of the General Laws; provided, that amounts received by the executive office
of elder affairs' vendor as premium revenue for this program may be retained
and expended by the vendor for the purposes of the program; provided further,
that not less than $250,000 shall be made available for the operation of the
pharmacy outreach program established by section 4C of chapter 19A; provided
further, that notwithstanding any general or special law to the contrary, unless
otherwise prohibited by state or federal law, prescription drug coverage or
benefits payable by the executive office of elder affairs, and the entities
with which it has contracted for administration of the subsidized catastrophic
drug insurance program pursuant to said section 39 of said chapter 19A shall
be the payor of last resort for such program for eligible persons with regard
to any other third party prescription coverage or benefits available to such
eligible persons; provided further, that all federal reimbursement received
for expenditures from this item shall be credited to the Tobacco Settlement
Fund, established under section 2XX of chapter 29 of the General Laws; provided
further, that said executive office shall notify the house and senate committees
on ways and means within seven days of approval a federal waiver regarding the
availability of federal financial participation for benefits paid for specific
populations out of said program; provided further, that said executive office
shall include with said notification an estimate of revenue resulting from said
approval to be credited in fiscal year 2003; and provided further, that said
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 on the number
of enrollees in said
program ......... $99,000,000 $97,609,000
Tobacco Settlement Fund ................................................................ 100.00%
9110-1500
For the provision of enhanced home care services, including case management
to elders who meet the eligibility requirements of the home care program and
who need services above the level customarily provided under the program to
remain safely at home, including elders previously enrolled in the managed care
in housing, enhanced community options, and chronic care enhanced services programs;
provided further, that the secretary, in collaboration with the commissioner
of medical assistance, shall actively seek to obtain federal financial participation
for any and all services provided to seniors who qualify for Medicaid benefits
pursuant to the section 2176 waiver; and provided further, that such reimbursement
shall be deposited in the Tobacco Settlement Fund ..........................................
$37,488,337
Tobacco Settlement Fund ................................................................ 31.93%
General Fund .................................................................................. 68.07%
9110-1604
For the operation of the supportive senior housing program ........................................................
$2,025,000
9110-1630
For contracts with aging service access points or other qualified entities for
the home care program, including home care, health aides, home health and respite
services and other services provided to the elderly; provided, that a sliding
fee shall be charged to qualified elders; provided further, that the secretary
of elder affairs may waive collection of sliding fees in cases of extreme financial
hardship; provided further, that not more than $5,800,000 in revenues accrued
from sliding fees shall be retained by the individual home care corporations
without re-allocation by the executive office of elder affairs, and shall be
expended for the purposes of the home care program, consistent with guidelines
to be issued by the executive office; provided further, that the executive office
shall report quarterly to the house and senate committees on ways and means
on the receipt and expenditure of revenues accrued from the sliding fees; provided
further, that the executive office shall report monthly to the house and senate
committees on ways and means and the executive office for administration and
finance on the amount expended from this item for purchase of service expenditures
by category of service as set forth in 651 C.M.R. 3.01 and 651 C.M.R. 3.06;
provided further, that no rate increase shall be awarded in fiscal year 2003
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 herein to item 9110-1633
for case management services and the administration of the home care program
......................................... $94,158,158
9110-1633
For contracts with aging service access points, so-called, or other qualified
entities for home care case management services and the administration of the
home care corporations funded through item 9110-1630 and item 9110-1500; provided,
that such contracts shall include the costs of administrative personnel, home
care case managers, travel, rent and other costs deemed appropriate by the executive
office of elder affairs; provided further, that no funds appropriated in this
item shall be expended for the enhancement of management information systems;
and provided further, that the secretary of elder affairs may transfer an amount
not to exceed 3 per cent of the funds appropriated herein to item 9110-1630
....................................................... $36,044,804
9110-1636
For the elder protective services program, including protective services case
management, money management services, the statewide elder abuse hotline, guardianship
services and the elder-at-risk program ...................... $10,045,848
9110-1660
For congregate and shared housing services for the elderly; provided, that not
less than $50,000 shall be expended for congregate housing services at the Tuttle
House facility in Dorchester; and provided further, that not less than $125,000
shall be allocated to the Committee to End Elder Homelessness, Inc ..................................................
$1,444,984
9110-1700
For residential assessment and placement programs for homeless elders .....................................
$250,000
9110-1900
For local services; provided, that all funds appropriated under this item for
an elder service corps shall be for corpsmen stipends, for the cost of mailing
corpsmen stipends and for corpsmen participation in group insurance programs,
as set forth in chapter 1168 of the acts of 1973; provided further, that the
stipend for full-time corpsmen shall not exceed the maximum allowed under earnings
limitation sections of the Social Security Act and the stipend for part-time
corpsmen shall not exceed $130 per month; provided further, that not less than
$3,954,441 shall be obligated for the administration of a meals program for
elderly persons; provided further, that the executive office of elder affairs
shall maximize federal reimbursement for meals funded in this item; provided
further, that the secretary shall submit to the house and senate committees
on ways and means, not later than February 1, 2003, a detailed account of the
elder lunch program's functional operations, including, but not limited to,
the number of vendors participating in the program, contract amounts per vendor,
number of meals delivered per site, fee schedule per meal, revenue generated
from any such fees collected, and the number of elders served monthly at each
site; provided further, that $30,000 shall be obligated for a youth/elder outreach
position at the Roche Family Community Center in West Roxbury; and provided
further, that not less than $15,000 shall be expended for the Grandparents as
Parents Initiative ............................................... $4,457,158
Local Aid Fund ..................................................................................... 100.00%
9110-9002
This item was reduced by the acting Governor
For the local services program for grants to the councils on aging and for grants
to or contracts with non-public entities which are consortia or associations
of councils on aging; provided, that notwithstanding the foregoing, all monies
appropriated in this item shall be expended in accordance with the distribution
schedules for formula and incentive grants established by the secretary; and
provided further, that such distribution schedules shall be submitted to the
house and senate committees on ways and means ........................................................................ $6,260,000 $5,960,000
Local Aid Fund ........................................................................................... 100.00%
LEGISLATURE.
Senate.
9500-0000
For the operation of the senate ..................................................................................................
$16,620,035
House of Representatives.
9600-0000
For the operation of the house of representatives ........................................................................
$30,872,678
Joint Legislative Expenses.
0950-0000
For the commission on the status of women ...............................................................................$145,000
9700-0000
For the joint operations of the legislature ........................................................$6,767,859
NO SECTION 2A.
SECTION 2B. Notwithstanding the provisions of any general or special law to the contrary, the agencies listed in this section may expend such amounts as are listed in this section for the provisions of services to agencies listed in section 2; provided, that all expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws; provided further, that no expenditures shall be made from the Intragovernmental Service Fund which would cause said fund to be in deficit at the close of fiscal year 2003; provided further, that all authorizations in this section shall be charged to the Intragovernmental Service Fund; and provided further, that any balance remaining at the close of fiscal year 2003 shall be transferred to the General Fund.
Office of the Secretary of State.
0511-0003
For the costs of providing electronic and other publications purchased from
the state bookstore, for commission fees, notary fees and for direct access
to the secretary's computer library ......................................................
$25,000
0511-0235
For the costs of obsolete records destruction incurred by the office of the
secretary of state; provided, that state agencies, including the judicial branch,
may be charged for the destruction of their obsolete records by the records
center where appropriate; provided further, that the secretary of state may
expend revenues not to exceed $100,000 of such funds received for the costs
of such obsolete record destruction; and provided further, that such fees shall
be charged on an equitable basis ..........................................
$100,000
Office of Dispute Resolution.
1100-1108
For the office of dispute resolution for the costs of mediation and other services
provided to certain agencies .......$300,000
Central Business Office.
1100-1141
For the central business office, including the costs of personnel; provided,
that the central business office shall set a schedule of fees to be charged
for services provided to agencies of the commonwealth; provided, that the agencies
may elect to contract with the central business office for services provided
in exchange for fees determined by the schedule ....$996,400
Bureau of State Office Buildings.
1102-3333
For the operation and maintenance of state buildings, including reimbursement
for overtime expenses, materials and contract services purchased in performing
renovations and related services for agencies occupying state buildings or for
services rendered to approved entities utilizing state facilities .............
$150,000
1102-3336
For the operation and maintenance of the space occupied by the division of employment
and training in the Hurley state office building ............
$1,000,000
Reserves.
1599-2040
For the payment of prior year deficiencies, so-called, based upon schedules
provided to the house and senate committees on ways and means; provided, that
the comptroller may charge departments' current fiscal year appropriations and
transfer to such item amounts equivalent to the amounts to any prior year deficiency,
so-called, 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 of appropriation; 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 of appropriation and subsidiary 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
of appropriation, subsidiary charged and the reason for the prior year deficiency
................................................................... $7,000,000
1599-3100
For the cost of the commonwealth's employer contributions to the Unemployment
Compensation Fund and the Medical Security Trust Fund; provided, that the secretary
of administration and finance shall authorize the collection, accounting and
payment of such contributions; and provided further, that in executing these
responsibilities the state 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 ................. $13,000,000
Division of Human Resources.
1750-0101
For the cost of goods and services rendered in administering training programs,
including the cost of training unit staff; provided, that the human resources
division may collect a $75 administrative fee from vendors who submit proposals
in response to requests for proposals for the commonwealth master service agreement
for specialized training and consultation services at the time of proposal submission;
provided, that any vendor who fails to deliver the appropriate administrative
fee with its submission shall be deemed nonresponsive and its proposal shall
not be considered for contract award; provided further, that the division shall
charge to other items of appropriation for the cost of participants enrolled
in programs sponsored by the division or to state agencies employing such participants;
and 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 ................................ $1,156,792
1750-0105
For the cost of workers' compensation paid to public employees; provided, that
the secretary of administration and finance shall charge other items of appropriation
or state agencies for costs incurred on behalf of said state agencies; provided
further, that said secretary may transfer workers compensation-related fringe
benefit assessments from federal grants and trust accounts to this item; provided
further, that said secretary shall identify charges by said item of appropriation;
provided further, that not more than $1,500,000 shall be used for the compensation
of employees; provided further, that said secretary shall file quarterly reports
with the house and senate committees on ways and means detailing said items,
including federal grants and trust accounts that have not yet paid their charges,
and the reasons why, within three weeks of the close of each quarter; provided
further, that no funds shall be expended from this item that would cause said
item to be deficient; provided further, that said secretary shall provide projected
costs of workers' compensation costs incurred by agencies in fiscal year 2003
to the house and senate committees on ways and means no later than February
27, 2003; 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 2003 as hereinafter provided for workers' compensation costs,
including related administrative expenses incurred on behalf of the employees
of said agencies; provided further, that administrative expenses shall be allocated
based on each agency's per cent of total workers' compensation benefits paid
in fiscal year 2002; provided further, that the personnel administrator shall
administer said charges on behalf of said secretary, and may establish such
rules and procedures as deemed necessary to implement the provisions of this
section; provided further, that the personnel administrator shall (1) notify
agencies regarding the chargeback methodology to be used in fiscal year 2003,
(2) notify agencies of the amount of their estimated worker's compensation charges
for said fiscal year, and (3) require agencies to encumber funds in an amount
sufficient to meet said estimated charges; provided further, that said estimated
charges for each agency in said 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 2002, and may include
such additional amounts as are deemed necessary under regulations promulgated
pursuant to this section; provided further, that for any agency that fails within
30 days of the enactment of this act to encumber funds sufficient to meet said
estimated charges, the comptroller shall so encumber funds on behalf of such
agency, the personnel administrator shall (1) determine the amount of the actual
worker's compensation costs incurred by each agency in the preceding month,
including related administrative expenses, (2) notify each agency of said amounts,
(3) charge said 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 workers'
compensation Intergovernmental Service Fund, at the close of fiscal year 2002
shall be transferred to the General Fund; provided further, that any unspent
balance at the close of fiscal year 2002 in an amount not to exceed 5 per cent
of the amount authorized shall remain in the Workers' Compensation Intergovernmental
Service Fund and is hereby re-authorized for expenditures for such item in fiscal
year 2003; provided further, that the personnel administrator is hereby authorized
to expend in fiscal year 2003 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 prior to fiscal years ..................................................
$56,355,860
1750-0106
For the workers' compensation litigation unit, including the costs of personnel
............................. $565,906
1750-0110
For the payment of fees by user agencies to arbitrators selected by the commonwealth
to hear and decide final and binding arbitration cases for grievances filed
pursuant to chapter 150E of the General Laws ................... $10,000
Division of Operational Services.
1775-0800
For the purchase, operation and repair of certain vehicles and for the cost
of operating and maintaining all vehicles that are leased by other agencies,
including the costs of personnel ...........................................................
$7,600,000
1775-1000
For the provision of printing, photocopying, and related graphic art or design
work, including all necessary incidental expenses and liabilities; provided,
that the commissioner of administration shall charge to other items of appropriation
within the agencies of the executive branch for such services, including the
costs of personnel ................................... $1,850,842
Division of Information Technology.
1790-0200
For the cost of computer resources and services provided by the information
technology division in accordance with the policies, procedures and rates approved
by the secretary for administration and finance, including the purchase, lease
or rental of telecommunications lines, services and equipment, that are centrally
billed to the commonwealth; provided, that the secretary shall charge other
items of appropriation for the cost of the resources and services; provided
further, that notwithstanding any general or special law to the contrary, charges
for the cost of computer resources and services provided by the bureau of computer
services for the design, development, and production of reports and information
required for the analysis and development of appropriations bills shall not
be charged to any item of appropriation of the house of representatives, the
senate or any joint legislative account in fiscal year 2002; provided further,
that the bureau shall submit quarterly reports to the house and senate committees
on ways and means summarizing each agency's charges and payments for the preceding
quarter for this item; and provided further, that the secretary for administration
and finance may establish regulations, procedures and a schedule of fees to
further implement this section including, but not limited to, the development
and distribution of forms and instructions, including the costs of personnel
............................................ $26,047,810
1790-0400
For the purchase, delivery, handling of and contracting for supplies, postage
and related equipment and other incidental expenses provided pursuant to the
provisions of section 51 of chapter 30 of the General Laws ......... $2,190,343
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
2001-1002
For the costs of data processing and related computer and mapping services,
the distribution of digital cartographic and other data, the review of environmental
notification forms pursuant to sections 61 to 62H, inclusive, of chapter 30
of the General Laws and for the staff and printing of the Environmental Monitor
................................................ $350,000
Department of Fisheries, Wildlife and Environmental Law Enforcement.
2350-0102
For the costs of overtime and special details provided by the department of
fisheries, wildlife and environmental law enforcement's division of law enforcement
..................................................................................
$160,000
Metropolitan District Commission.
2410-1002
For the costs of operating the commission's telecommunications system; provided,
that nothing in this section shall diminish or impair the rights of access or
utilization of all current users of the system pursuant to agreements which
have been entered into with the commission ...................
$100,000
2410-1003
For the costs of the purchase of fuel, oil and other associated products for
other state agencies ... $50,000
Massachusetts Commission for the Deaf and Hard of Hearing.
4125-0122
For 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 ......................................................... $160,000
Department of Public Health.
4590-0901
For the costs of medical services provided at public health hospitals pursuant
to a schedule of services and fees approved by the commissioner of public health,
which may be expended for the purposes of hospital related costs, including
capital expenditures and motor vehicle replacement ...........................
$150,000
4590-0903
For the costs of medical services provided at the department of public health
Lemuel Shattuck hospital to inmates of the county correctional facilities; provided,
that the costs shall be charged to items 8910-0000, 8910-0010, 8910-0102, 8910-0105,
8910-0107, 8910-0108, 8910-0110, 8910-0145, and 8910-0619, 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 the payment amounts not
to exceed the lower of this authorization or the most recent revenue estimate
therefor as reported in the state accounting
system .................. $2,800,000
Department of Mental Retardation.
5948-0012
For residential support services provided by the department for the purposes
of supplementing educational services provided in item 7061-0012 of section
2 .................................................................................................
$7,500,000
Massachusetts Aeronautics Commission.
6006-0010
For the cost of air transportation services, including the costs of personnel
.................................. $20,000
Department of Highways.
6030-7501
For the cost of the purchase of bulk fuel for certain vehicles under the authority
of the operational services division and the cost of purchased fuel for other
agencies and for certain administrative expenses related to purchasing and distributing
the fuel ...................................................
$500,000
Department of Education.
7053-2121
For the costs of United States Department of Agriculture commodity foods pursuant
to federal law requirements...$100,000
State Police.
8100-0002
For the costs of overtime associated with requested police detail; 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 therefore as reported in the state accounting
system ....................................................................
$6,481,127
8100-0003
For the costs associated with the use of the statewide telecommunications system
for the maintenance of the
system .............................. $156,375
Criminal Justice Training Council.
8200-1121
For the cost of space rentals, utilities and maintenance at the criminal justice
training council's training academies and computer labs ...............
$35,000
Military Division.
8700-1145
For the costs of utilities and maintenance and for the implementation of energy
conservation measures with regard to the state armories .................
$500,000
Department of Correction.
8900-0021
For the cost of products produced by the prison industries and farm program
and for the cost of services provided by inmates, including the costs of moving,
auto repair, culinary and renovation and construction services; provided, that
the costs for renovation and construction services shall not exceed the amount
established by the department of procurement and general services; and provided
further, that such revenues may also be expended for materials, supplies, equipment,
maintenance of facilities and compensation of employees and for the inmate employment
and training
program .......................... $6,050,000
NO SECTION 2C.
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 the provisions of section 6B of chapter 29 of the General Laws. The amount of any unexpended balance of federal grant funds received prior to June 30, 2002, and not included as part of an appropriation item in this section, is hereby made available for expenditure during fiscal year 2003, in addition to any amount appropriated in this section.
JUDICIARY.
Supreme Judicial Court.
0320-1700
For the purposes of a federally funded grant entitled, State Court Improvement
Program ............ $180,994
Trial Court.
0332-6410
For the purposes of a federally funded grant entitled, Judicial Oversight Project-Dorchester
District Court .......... $159,638
DISTRICT ATTORNEYS.
Northern District Attorney.
0340-0219
For the purposes of a federally funded grant entitled, Middlesex Community Prosecution
Partnership Program ......$79,000
0340-0237
For the purposes of a federally funded grant entitled, Children's Advocacy Center
National Network ................... $10,000
Eastern District Attorney.
0340-0319
For the purposes of a federally funded grant entitled, Community Prosecution
Program Initiative .................... $14,738
Middle District Attorney.
0340-0434
For the purposes of a federally funded grant entitled, Juvenile Accountability
Grant .....................$195,200
Plymouth District Attorney.
0340-0806
For the purposes of a federally funded grant entitled, Weed and Seed ........................................
$140,000
0340-0819
For the purposes of a federally funded grant entitled, Community Prosecution
Enhancement ........ $90,921
Bristol District Attorney.
0340-0923
For the purposes of a federally funded grant entitled, Community Involvement
Project ................$148,284
Cape and Islands District Attorney.
0340-1034
For the purposes of a federally funded grant entitled, Juvenile Diversion Program
........................$140,000
SECRETARY OF STATE.
Office of the Secretary of State.
0526-0114
For the purposes of a federally funded grant entitled, Historic Preservation
Survey and Planning ..... $600,000
0526-0115
For the purposes of a federally funded grant entitled, Massachusetts Historical
Commission - Federal Preservation
Grants ................
$400,000
Massachusetts Cultural Council.
0640-9716
For the purposes of a federally funded grant entitled, Folk and Traditional
Arts Initiative .............$15,500
0640-9717
For the purposes of a federally funded grant entitled, Basic State Plan ........................................$398,700
0640-9718
For the purposes of a federally funded grant entitled, Arts Education ..........................................$68,000
0640-9724
For the purposes of a federally funded grant entitled, Arts in Underserved Communities
..............$76,400
0640-9729
For the purposes of a federally funded grant entitled, Challenge America ....................................$40,000
ATTORNEY GENERAL.
Office of the Attorney General.
0810-0026
For the purposes of a federally funded grant entitled, Crime Victim Compensation
...................... $1,000,000
0810-6658
For the purposes of a federally funded grant entitled, Weed and Seed ........................................
$175,000
Victim Witness Assistance Board.
0840-0110
For the purposes of a federally funded grant entitled, Victims of Crime Assistance
Programs ....... $7,639,563
EXECUTIVE OFFICE OF ADMINISTRATION AND FINANCE.
Office of Dispute Resolution.
1100-1117
For the purposes of a federally funded grant entitled, Agricultural Mediation
Matching Grant ....... $108,080
Massachusetts Developmental Disabilities Council.
1100-1703
For the purposes of a federally funded grant entitled, Implementation of the
Federal Developmental Disabilities Act; provided, that in order to qualify for
said grant, this item shall be exempt from the first $184,000 of fringe benefit
and indirect cost charges pursuant to section 6B of chapter 29 of the General
Laws ............................................ $1,638,413
1100-1710
For the purposes of a federally funded grant entitled, Massachusetts Developmental
Disabilities Council Service Grant; provided, that in order to qualify for said
grant, this item shall be exempt from the first $65,000 of fringe benefit and
indirect cost charges pursuant to section 6B of chapter 29 of the General Laws
..................................... $420,274
Office on Disability.
1107-2450
For the purposes of a federally funded grant entitled, Client Assistance Program
......................... $241,336
Massachusetts Commission Against Discrimination.
1150-5118
For the purposes of a federally funded grant entitled, Fair Housing Partnership
Private Enforcement Initiative .......$75,000
Department of Revenue.
1201-0051
For the purposes of a federally funded grant entitled, Collaboration and Client
Cooperation in Massachusetts.......$80,000
1201-0053
For the purposes of a federally funded grant entitled, Collaboration between
Child Support Enforcement and Criminal Justice Agencies in Massachusetts ........................................................................................................
$167,748
1201-0104
For the purposes of a federally funded grant entitled, Joint Federal-State Motor
Fuel Tax Compliance Project... $50,000
1201-0109
For the purposes of a federally funded grant entitled, Access and Visitation
- Parent Education Program ......... $222,469
1201-0117
For the purposes of a federally funded grant entitled, Child Care Custody Use
and Self-Sufficiency Pathways of Low-Income Mothers ...............
$32,363
1201-0163
For the purposes of a federally funded grant entitled, Private Share of Parents
of Fragile Families................... $375,000
1201-0412
For the purposes of a federally funded grant entitled, Child Support Enforcement
Grants ............. $670,000
1201-2287
For the purposes of a federally funded grant entitled, Massachusetts Community
Preservation Trust Fund ....... $357,909
Department of Veterans Services.
1410-0252
For the purposes of a federally funded grant entitled, Veterans Reintegration,
Training, and Placement ............. $135,000
1410-0253
For the purposes of a federally funded grant entitled, Homeless Veterans Urban
Reintegration Program ........... $165,000
1410-0254
For the purposes of a federally funded grant entitled, Women Veterans Workforce
Investment Project ............ $200,000
1410-0255
For the purposes of a federally funded grant entitled, Veterans Workforce Investment
Project .... $850,000
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS.
Office of the Secretary.
2000-0130
For the purposes of a federally funded grant entitled, Marina Technical Assistance
and Managed Measurement ....$30,000
2000-0141
For the purposes of a federally funded grant entitled, Coastal Zone Management
Development ... $3,069,068
2000-0148
For the purposes of a federally funded grant entitled, National Estuary Program
- Operation ....... $510,000
2000-0154
For the purposes of a federally funded grant entitled, Wetlands Ecological Assessment
............... $55,000
2000-0156
For the purposes of a federally funded grant entitled, Coastal 2000 Monitoring
........................... $12,000
2000-0161
For the purposes of a federally funded grant entitled, Thermotrex Corporation
High Temperature Materials
Application ............. $45,420
2000-0166
For the purposes of a federally funded grant entitled, Pollution Prevention
Training on Hazardous Wastes for Municipal Officials ............
$5,000
2000-0171
For the purposes of a federally funded grant entitled, Smart Growth on the South
Shore ............. $35,000
2000-0173
For the purposes of a federally funded grant entitled, Aquatic Nuisance Species
Management Plan ............... $15,000
2000-0175
For the purposes of a federally funded grant entitled, Massachusetts Coastal
2000 Monitoring ....$290,053
2000-9516
For the purposes of a federally funded grant entitled, Joppa Flats Salt Marsh
Restoration ............ $45,247
2000-9517
For the purposes of a federally funded grant entitled, Pollution Prevention
Information Network .. $26,497
2000-9736
For the purposes of a federally funded grant entitled, Buzzards Bay Project
Management Plan .... $550,000
2000-9760
For the purposes of a federally funded grant entitled, Inventory of Navy Shipwrecks
in Massachusetts Waters .....$3,962
2030-9701
For the purposes of a federally funded grant entitled, Outdoor Recreation Projects
- Political Subdivisions ....... $750,000
Department of Environmental Management.
2100-9720
For the purposes of a federally funded grant entitled, Blackstone Heritage Corridor
Commission Cooperative Agreement, National Park Service ............
$124,975
2100-9725
For the purposes of a federally funded grant entitled, National Dam Safety Program
- Federal Emergency Management Administration .............
$128,356
2100-9726
For the purposes of a federally funded grant entitled, Recreation Programs for
Individuals with Disabilities, U.S. Department of Education ...................
$50,000
2100-9727
For the purposes of a federally funded grant entitled, Pier Repair - Gallops
Island, Boston Harbor Islands Partnership Cooperative .............
$153,563
2100-9730
For the purposes of a federally funded grant entitled, State Parks for Everyone,
U.S. Department of Education ......$226,573
2120-9702
For the purposes of a federally funded grant entitled, Rural Community Fire
Protection ............... $140,189
2121-9705
For the purposes of a federally funded grant entitled, USFS Shade Tree and Health
....................$655,939
2121-9706
For the purposes of a federally funded grant entitled, Urban Resource Partnership-
United States Forest Service...$122,818
2121-9709
For the purposes of a federally funded grant entitled, Forestry Planning .......................................
$2,500,000
2121-9711
For the purposes of a federally funded grant entitled, USFS Rural Fire Prevention
...................... $276,723
2121-9712
For the purposes of a federally funded grant entitled, Forest Health Research
............................. $10,883
2121-9713
For the purposes of a federally funded grant entitled, Wildland-Urban Interface
Fuels Management in Southeastern Massachusetts, USDA Forest Service .......................................................................................
$623,511
2121-9718
For the purposes of a federally funded grant entitled, Forestry Incentives Program-
United States Forest
Service ....................................... $3,254
2121-9722
For the purposes of a federally funded grant entitled, Forest Resource Management
- United States Forest
Service ................................. $26,580
2121-9726
For the purposes of a federally funded grant entitled, USFS Forest Health Management
............. $108,342
2140-9709
For the purposes of a federally funded grant entitled, WBNERR Operation and
Management .....$878,000
2140-9714
For the purposes of a federally funded grant entitled, WBNERR Land Acquisition,
US Department of
Commerce NOAA .............................................. $518,000
Department of Environmental Protection.
2200-9706
For the purposes of a federally funded grant entitled, Water Quality Management
Planning .......... $588,655
2200-9712
For the purposes of a federally funded grant entitled, Cooperative Agreement-Leaking
Underground Storage
Tank Program ......
$1,077,890
2200-9717
For the purposes of a federally funded grant entitled, D.O.D. Environment Restoration
Program .................... $1,640,636
2200-9721
For the purposes of a federally funded grant entitled, Charles George Landfill
- Operable Unit III Operations and Maintenance ..................................................................................................................................................
$20,491
2200-9722
For the purposes of a federally funded grant entitled, Baird and McGuire ....................................
$890,325
2200-9724
For the purposes of a federally funded grant entitled, Superfund Block Fund
Cooperative Agreement .......... $1,249,449
2200-9727
For the purposes of a federally funded grant entitled, Brownfields Assessment
Demonstration Pilot Cooperative Agreement - Microfab ...................
$150,000
2200-9728
For the purposes of a federally funded grant entitled, Brownfields Assessment
Program - multi-site .............. $494,189
2200-9729
For the purposes of a Federally funded grant entitled, Brownfields Pilots Cooperative
Agreement ..................... $82,901
2230-9702
For the purposes of a federally funded grant entitled, Performance Partnership
Grant .................. $14,789,499
2240-9710
For the purposes of a federally funded grant entitled, Construction Grants Program
- Administration .............. $33,627
2240-9726
For the purposes of a federally funded grant entitled, Non-Point Source Pollution
- Cranberry Bog Total Maximum Daily Load ...............
$12,832
2240-9727
For the purposes of a federally funded grant entitled, Non-Point Source Pollution
Section 319(H) ................. $3,213
2240-9728
For the purposes of a federally funded grant entitled, Non-Point Source Pollution
Management Plan (319H-7) ....$31,279
2240-9744
For the purposes of a federally funded grant entitled, Water Resources Protection
Strategy ......... $8,758
2240-9746
For the purposes of a federally funded grant entitled, Wetlands Protection -
State Development Grant - BVW Training Video ..................
$5,861
2240-9747
For the purposes of a federally funded grant entitled, Wetlands Protection -
State Development Grant - Small Docks and Piers Guidance ............
$5,100
2240-9752
For the purposes of a federally funded grant entitled, Clean Water Act .......................................
$31,000
2240-9760
For the purposes of a federally funded grant entitled, Categorical Charles River
Grant ................. $75,000
2250-9712
For the purposes of a federally funded grant entitled, Clean Air Act ............................................$713,979
2250-9715
For the purposes of a federally funded grant entitled, Municipal Environmental
Compliance Grant ......... $132,856
2250-9716
For the purposes of a federally funded grant entitled, Ambient Air Toxics Pilot
Project ................ $100,000
2250-9717
For the purposes of a federally funded grant entitled, Evaluation Outcomes .................................
$35,000
2250-9718
For the purposes of a federally funded grant entitled, Environmental Results
Automation ............. $100,000
2230-9705
For the purposes of a federally funded grant entitled, National Environmental
Readine ................. $400,000
2230-9706
For the purposes of a federally funded grant entitled, National Environmental
Network Challenge ......... $895,264
2200-9730
For the purposes of a federally funded grant entitled, UST Fields ................................................
$100,000
Department of Fisheries, Wildlife and Environmental Law Enforcement.
2330-9222
For the purposes of a federally funded grant entitled, Clean Vessel .............................................
$926,400
2330-9709
For the purposes of a federally funded grant entitled, Commercial Fisheries
Research and Development ......... $35,000
2330-9712
For the purposes of a federally funded grant entitled, Commercial Fisheries
Statistics .................. $618,000
2330-9713
For the purposes of a federally funded grant entitled, Right Whale Preservation
and Protection Program ............ $156,000
2330-9714
For the purposes of a federally funded grant entitled, Commercial Fisheries
Extension ................. $91,000
2330-9721
For the purposes of a federally funded grant entitled, Anadromous Fisheries
Management ........... $4,797
2330-9725
For the purpose of a federally funded grant entitled, Boating Infrastructure
.................................. $300,000
2340-9701
For the purposes of a federally funded grant entitled, Safe Boating Program
................................ $913,260
2350-0108
For the purposes of a federally funded grant entitled, Fisheries Enforcement
Support Services ..... $124,500
Metropolitan District Commission.
2440-9757
For the purposes of a federally funded grant entitled, Neponset Salt Marsh Restoration
.............. $425,000
2440-9758
For the purposes of a federally funded grant entitled, George's Island UST Removal
................... $75,000
2440-9760
For the purposes of a federally funded grant entitled, Minuteman Commuter Bikeway
................. $150,000
2440-9761
For the purposes of a federally funded grant entitled, Arlington to Boston Bike
Path .................... $250,000
Department of Food and Agriculture.
2511-0011
For the purposes of a federally funded grant entitled, Specialty Corps Promotion
and Support .... $276,750
2511-0310
For the purposes of a federally funded grant entitled, Pesticide Enforcement
............................... $173,100
2511-0320
For the purposes of a federally funded grant entitled, Certification of Pesticide
Applicators .......... $119,491
2511-0335
For the purposes of a federally funded grant entitled, Integrated Pest Management
Schools Day Care Centers .... $200,000
2516-9002
For the purposes of a federally funded grant entitled, Development of Institutional
Marketing ...... $17,500
2516-9003
For the purposes of a federally funded grant entitled, Farmer's Market Coupon
Program ............ $504,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.
Office of the Secretary.
4000-0705
For the purposes of a federally funded grant entitled, Emergency Shelter Grants
Program ............ $2,306,767
4000-0707
For the purposes of a federally funded grant entitled, Supportive Housing ...................................
$3,355,045
4000-0708
For the purposes of a federally funded grant entitled, Head Start Demonstration
......................... $315,000
4000-0709
For the purposes of a federally funded grant entitled, Homelessness Continuum
of Care .............. $1,630,805
4000-0713
For the purposes of a federally funded grant entitled, Youth Development State
Collaboration .... $175,000
4000-0714
For the purposes of a federally funded grant entitled, Community Development
Technical Assistance .............. $38,347
4000-0715
For the purposes of a federally funded grant entitled, Better Access to Organizations
Network (BATON) $220,000
4000-9300
For the purposes of a federally funded grant entitled, Real Choices Systems
Change---Planning Grant .............. $50,000
4000-9401
For the purposes of a federally funded grant entitled, Community Mental Health
Services ............ $8,964,109
4000-9402
For the purposes of a federally funded grant entitled, Substance Abuse Prevention
and Treatment Block Grant............$38,521,403
4000-9404
For the purposes of a federally funded grant entitled, McKinney Shelter Plus
Care ...................... $1,100,000
Division of Medical Assistance.
4000-0314
For the purposes of a federally funded grant entitled, Welfare Reform Administration
.................. $1,200,000
4000-0319
For the purposes of a federally funded grant entitled, HRSA State Planning Grant
....................... $321,195
Office Refugees and Immigration.
4003-0804
For the purposes of a federally funded grant entitled, Refugee Targeted Assistance
Grant ............ $2,411,283
4003-0805
For the purposes of a federally funded grant entitled, Refugee Resettlement
Program .................. $2,412,000
4003-0806
For the purposes of a federally funded grant entitled, Refugee Cash, Medical,
and Administration ......... $10,504,000
4003-0807
For the purposes of a federally funded grant entitled, State Legalization Impact
Assistance Grant ................. $877,008
Massachusetts Commission for the Blind.
4110-3020
For the purposes of a federally funded grant entitled, Vocational Rehabilitation;
provided, that no funds shall be deducted for pensions, group health and life
insurance or any other such indirect cost of federally reimbursed state employees...$700,000
4110-3021
For the purposes of a federally funded grant entitled, Basic Support Grant ..................................
$7,454,241
For the purposes of a federally funded grant entitled, Independent Living - Adaptive Housing ...... $57,692
4110-3026
For the purposes of a federally funded grant entitled, Independent Living -
Services to Older Blind Americans....$403,037
4110-3027
For the purposes of a federally funded grant entitled, Rehabilitation Training
................................ $21,280
4110-3028
For the purposes of a federally funded grant entitled, Supported Employment
............................. $146,250
Massachusetts Rehabilitation Commission.
4120-0020
For the purposes of a federally funded grant entitled, Vocational Rehabilitation;
provided, that no funds shall be deducted for pensions, group health and life
insurance or any other such indirect cost of federally reimbursed state employees
................................... $39,500,000
4120-0187
For the purposes of a federally funded grant entitled, Supported Employment
Program ............... $880,000
4120-0189
For the purposes of a federally funded grant entitled, Special Projects and
Demonstrations for providing Vocational Rehabilitation Services to individuals
with severe disabilities in Massachusetts ............................. $350,000
4120-0191
For the purposes of a federally funded grant entitled, Informed Members Planning
and Assessing Choices Together (IMPACT) ..............................................................................................................................
$450,000
4120-0511
For the purposes of a federally funded grant entitled, Vocational Rehabilitation
- Determination of Disability $31,900,000
4120-0605
For the purposes of a federally funded grant entitled, Minority Outreach for
People With TBI in Massachusetts................................$266,105
4120-0606
For the purposes of a federally funded grant entitled, Recreational Services
................................ $150,000
4120-0760
For the purposes of a federally funded grant entitled, Independent Living ....................................
$1,670,000
Massachusetts Commission for the Deaf and Hard of Hearing.
4125-0103
For the purposes of a federally funded grant entitled, Massachusetts Assistive
Technology Partnership .............. $394,796
Office of Child Care Services.
4130-2010
For the purposes of a federally funded grant entitled, Child Care Inclusion
Project ...................... $99,450
4130-2015
For the purposes of a federally funded grant entitled, Child Care Research Project
..................... $249,600
4130-9002
For the purposes of a federally funded grant entitled, Child Abuse Prevention
Activities .............. $407,727
Department of Transitional Assistance.
4400-3067
For the purpose of a federally funded grant entitled, Food Stamp Employment
and Training ........ $453,450
4400-3069
For the purpose of a federally funded grant entitled, Full Employment Food Stamp
Cash-Out ..... $50,000
Department of Public Health.
4500-1000
For the purposes of a federally funded grant entitled, Preventive Health Services
Block Grant ..... $5,735,278
4500-1050
For the purposes of a federally funded grant entitled, Rape Prevention and Education
................. $932,861
4500-2000
For the purposes of a federally funded grant entitled, Maternal and Child Health
Services Block Grant........ $13,784,442
4502-1012
For the purposes of a federally funded grant entitled, Cooperative Health Statistics
System ......... $759,700
4510-0109
For the purposes of a federally funded grant entitled, State Loan Repayment
Project .................. $135,000
4510-0113
For the purposes of a federally funded grant entitled, Office of Rural Health
................................ $75,452
4510-0118
For the purposes of a federally funded grant entitled, Primary Care Cooperative
Agreement ....... $112,199
4510-0119
For the purposes of a federally funded grant entitled, Rural Hospital Flexibility
Program .............. $361,779
4510-0400
For the purposes of a federally funded grant entitled, Medicare and Medicaid
Survey and Certification .... $7,545,733
4510-0403
For the purposes of a federally funded grant entitled, Mass Reporting System
Evaluate Effects .... $1,620,185
4510-0500
For the purposes of a federally funded grant entitled, Clinical Laboratory Improvement
Amendments ............ $374,184
4510-0619
For the purposes of a federally funded grant entitled, FDA Inspection of Food
Establishments .... $121,713
4510-0624
For the purposes of a federally funded grant entitled, Retail Food Regulators
Instruction ............. $42,058
4510-0636
For the purposes of a federally funded grant entitled, Childhood Lead Paint
Poisoning Prevention ......... $893,069
4510-9014
For the purposes of a federally funded grant entitled, Mammography Quality Standards
Act Inspections ........... $237,195
4510-9040
For the purposes of a federally funded grant entitled, Diabetes Control Program
......................... $811,290
4510-9043
For the purposes of a federally funded grant entitled, Demonstration Program
to Conduct Toxic Waste Site Health Impact Assessments .............................................................................................................................
$790,453
4510-9048
For the purposes of a federally funded grant entitled, Indoor Radon Development
Program ......... $217,441
4510-9049
For the purposes of a federally funded grant entitled, Childhood Asthma and
Hazardous Substances Applied Research and Development .............................................................................................................................
$143,838
4510-9052
For the purposes of a federally funded grant entitled, Tremolite Asbestos Exposure
.................... $45,030
4510-9053
For the purposes of a federally funded grant entitled, Beaches Environmental
Assessment ........... $58,675
4512-0102
For the purposes of a federally funded grant entitled, Sexually Transmitted
Disease Control ........ $1,564,642
4512-0179
For the purposes of a federally funded grant entitled, Vaccination Assistance
Project .................. $4,468,304
4512-0180
For the purposes of a federally funded grant entitled, Epidemiology and Lab
Surveillance ............ $1,774,394
4512-0184
For the purposes of a federally funded grant entitled, Integration of Viral
Hepatitis Prevention Services into Existing Prevention Programs ..................................................................................................................................
$220,768
4512-9040
For the purposes of a federally funded grant entitled, Masscal - Mass Collaborative
For Action .. $212,238
4512-9045
For the purposes of a federally funded grant entitled, Massachusetts State Treatment
Needs Program ................. $328,366
4512-9050
For the purposes of a federally funded grant entitled, State Treatment Outcomes
and Performance Cooperative Agreement/Pilot Studies ............................................................................................................
$77,884
4512-9060
For the purposes of a federally funded grant entitled, Substance Abuse Response
to Terrorist Attack ............ $143,750
4512-9426
For the purposes of a federally funded grant entitled, Uniform Alcohol and Drug
Abuse Data Collection ............ $81,176
4513-0111 For the purpose of a federally funded grant entitled, Housing Opportunities-People with AIDS ... $1,878,002
4513-9007
For the purposes of a federally funded grant entitled, Nutritional Status of
Women, Infants, and Children
(WIC........................... $61,493,463
4513-9018
For the purposes of a federally funded grant entitled, Augmentation and Evaluation
of Established Health Education - Risk Reduction .................................................................................................................................
$10,438,433
4513-9021
For the purposes of a federally funded grant entitled, Program for Infants and
Toddlers with Handicaps ........ $7,935,085
4513-9022
For the purposes of a federally funded grant entitled, Prevention Disability
State Based Project ... $450,510
4513-9027
For the purposes of a federally funded grant entitled, MassCare - Community
AIDS Resource Enhancement .... $888,692
4513-9030
For the purposes of a federally funded grant entitled, Planning a Comprehensive
Primary Care System for All Mass Children and Youth .................................................................................................................................
$192,034
4513-9035
For the purposes of a federally funded grant entitled, AIDS Surveillance and
Seroprevalence Project ........$1,111,028
4513-9037
For the purposes of a federally funded grant entitled, Ryan White Comprehensive
AIDS Resources ............ $19,972,299
4513-9038
For the purposes of a federally funded grant entitled, Shelter Plus Care - Worcester
................... $190,512
4513-9046
For the purposes of a federally funded grant entitled, Congenital Anomalies
Center of Excellence .................$912,621
4513-9050
For the purposes of a federally funded grant entitled, Max Care - Maximizing
Children's Health and Safety in
Child Care ..................................................................................................................................................
$101,240
4513-9051
For the purposes of a federally funded grant entitled, Rural Domestic Violence
and Children Victimization
Project ...........................................$398,795
4513-9053
For the purposes of a federally funded grant entitled, Strengthen HIV/AIDS and
STD Prevention Through Behavioral Data and Program Decision Making ...................................................................................................
$350,648
4513-9061
For the purposes of a federally funded grant entitled, Abstinence Education
Project .................... $871,925
4513-9062
For the purposes of a federally funded grant entitled, Alcohol Screening Assessment
- Pregnancy ......... $150,000
4513-9066
For the purposes of a federally funded grant entitled, Universal Newborn Hearing
Screening-Enhancement
Project.......................................................... $139,800
4513-9067
For the purposes of a federally funded grant entitled, Mass Family Connection
Project Innovative Approaches Promoting Healthy Behaviors .....................................................................................................................
$165,000
4513-9068
For the purposes of a federally funded grant entitled, Community Health Worker
Network Project .................. $50,000
4513-9069
For the purposes of a federally funded grant entitled, HIV Intervention Care
Demonstration - Incarcerated .... $1,442,441
4513-9071
For the purposes of a federally funded grant entitled, Early Hearing Detection
and Intervention (EHDI) Tracking and Research ..................................................................................................................................................
$150,000
4513-9072
For the purposes of a federally funded grant entitled, Intimate Partner Violence
Among Racial and Ethnic Minority Populations ..................................................................................................................................................
$460,922
4513-9073
For the purposes of a federally funded grant entitled, Massachusetts Medical
Home Project ....... $177,036
4513-9102
For the purposes of a federally funded grant entitled, Emergency Medical Services
Children Partnership............$160,876
4514-1001
For the purposes of a federally funded grant entitled, Cultural Perspective
-Obesity Among Hispanic
Participants .................... $189,900
4514-1002
For the purposes of a federally funded grant entitled, WIC EBT Cooperative Agreement
............ $35,769
4515-0113
For the purposes of a federally funded grant entitled, Health Program for Refugees
..................... $472,237
4515-0115
For the purposes of a federally funded grant entitled, Tuberculosis Control
Project ..................... $2,508,281
4515-0117
For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological
& Operational Research..........$72,868
4515-0121
For the purposes of a federally funded grant entitled, Tuberculosis Epidemiological
Studies and Consortium ....$121,810
4515-0200
For the purposes of a federally funded grant entitled, STD/HIV Prevention Training
Centers ....... $427,862
4516-1018
For the purposes of a federally funded grant entitled, Lyme Disease Research
and Education ...... $528,697
4516-1019
For the purposes of a federally funded grant entitled, Laboratory Biomonitoring
Planning ............ $201,847
4516-1020
For the purposes of a federally funded grant entitled, Preparedness/Response
for Bioterrorism .... $1,711,082
4518-0500
For the purposes of a federally funded grant entitled, National Program of Cancer
Registries ....... $1,322,522
4518-0505
For the purposes of a federally funded grant entitled, Tech Data & Mass
Birth/Infant Death File Linkage/Analysis Assistive Reproductive ............................................................................................................................
$99,018
4518-0506
For the purposes of a federally funded grant entitled, Core Injury Surveillance
Phase III .............. $132,000
4518-0507
For the purposes of a federally funded grant entitled, Core Injury Surveillance
Phase II ............... $120,000
4518-0508
For the purposes of a federally funded grant entitled, Statewide Injury Surveillance
Evaluation ..... $134,625
4518-0509
For the purposes of a federally funded grant entitled, Occupational Health Surveillance
Low Incomes...........$156,751
4518-0510
For the purposes of a federally funded grant entitled, Behavioral Risk Factor
Surveillance ........... $189,235
4518-0513
For the purposes of a federally funded grant entitled, Occupational Injuries
to Under Age 18 Youth - Enhancement Surveillance ...............................................................................................................................
$126,281
4518-0530
For the purposes of a federally funded grant entitled, State Assessment Initiatives
Support by Cooperative
Agreements....................................................... $301,776
4518-0532
For the purposes of a federally funded grant entitled, Core Occupational Health
Surveillance ...... $239,653
4518-1000
For the purposes of a federally funded grant entitled, Procurement of Information
for the National Death
Index ...............................................$29,176
4518-1002
For the purposes of a federally funded grant entitled, Massachusetts Death File
- Social Security
Administration ................. $148,650
4518-1003
For the purposes of a federally funded grant entitled, Massachusetts Birth Records
- Social Security
Administration ................ $370,101
4518-9022
For the purposes of a federally funded grant entitled, Sentinel Event Notification
System for Occupational
Risks ................... $169,000
4518-9023
For the purposes of a federally funded grant entitled, Census of Fatal Occupational
Injuries ........ $36,000
4518-9025
For the purposes of a federally funded grant entitled, Fatality Surveillance
and Field Investigations ................... $125,466
4570-1503
For the purposes of a federally funded grant entitled, Comprehensive Breast
and Cervical Cancer Early
Detection Program ...............................................................................................................
$2,910,512
4570-1506
For the purposes of a federally funded grant entitled, National Comprehensive
Cancer Control ...................$533,852
4570-1508
For the purposes of a federally funded grant entitled, Well-integrated Screening
and Evaluation for Women Across the Nation ..................................................................................................................................................
$1,146,443
4570-1509
For the purposes of a federally funded grant entitled, Massachusetts Cardiovascular
Disease Prevention ........ $360,000
4570-1510
For the purposes of a federally funded grant entitled, Obesity Prevention through
State Nutrition and Physical Activity Programs ..................................................................................................................................
$452,269
4570-1511
For the purposes of a federally funded grant entitled, Massachusetts Pass Key
to Women's Health .................. $100,000
4590-0305
For the purposes of a federally funded grant entitled, Tobacco Use Prevention
and Control ........ $1,789,336
4590-0306
For the purposes of a federally funded grant entitled, Design & Characterization
of Cigarettes ......................$249,529
Department of Social Services.
4800-0005
For the purposes of a federally funded grant entitled, Children's Justice Act
................................ $364,235
4800-0007
For the purposes of a federally funded grant entitled, The Family Violence Prevention
and Support Services
Act ........... $1,720,727
4800-0009
For the purposes of a federally funded grant entitled, Title IV-E Independent
Living ....................$2,719,020
4800-0013
For the purposes of a federally funded grant entitled, Family Preservation and
Support Services .. $4,914,232
4899-0001
For the purposes of a federally funded grant entitled, Title IV-B Child Welfare
Services .............. $4,615,322
4899-0022
For the purposes of a federally funded grant entitled, Child Abuse and Neglect
Prevention and Treatment ..... $450,732
Department of Mental Health.
5012-9121
For the purposes of a federally funded grant entitled, Project for Assistance
in Transition from Homelessness... $1,100,000
5012-9154
For the purposes of a federally funded grant entitled, Disaster Relief ...........................................
$575,000
5049-9102
For the purposes of a federally funded grant entitled, Shelter Plus Care Program
......................... $144,240
Department of Mental Retardation.
5947-0006
For the purposes of a federally funded grant entitled, Family Support Program
............................ $50,000
5947-0007
For the purposes of a federally funded grant entitled, Massachusetts Bridges
to Community Project .................. $350,000
EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Office of the Secretary.
6000-0018
For the purposes of a federally funded grant entitled, Rural Public Transportation
Assistance ....... $4,096,325
6000-0019
For the purposes of a federally funded grant entitled, Section 5307 Transportation
Demand Management ....... $696,606
6000-0020
For the purposes of a federally funded grant entitled, Jobs Access Reverse Commute
................. $1,542,775
6000-0023
For the purposes of a federally funded grant entitled, Rural Public Transportation
Planning Grant ............... $2,178,150
6000-0049
For the purposes of a federally funded grant entitled, Elderly and Handicapped
Transportation Capital Grant..................................$2,349,232
Massachusetts Aeronautics Commission.
6006-0042
For the purposes of a federally funded grant entitled, Airport System Planning
............................ $400,000
Board of Library Commissioners.
7000-9700
For the purposes of a federally funded grant entitled, Federal Reserve - Title
I ............................ $198,481
7000-9702
For the purposes of a federally funded grant entitled, Library Service Technology
Act ................. $3,247,678
Department of Labor and Workforce Development.
7002-4202
For the purposes of a federally funded grant entitled, Tools for Schools Program
Support ........... $5,000
7002-4203
For the purposes of a federally funded grant entitled, Occupational Safety and
Health Administration Statistics
Program ..................... $131,931
7002-4204
For the purposes of a federally funded grant entitled, Adult Blood Lead Levels
Surveillance ........ $24,800
7002-4212
For the purposes of a federally funded grant entitled, Asbestos Licensing and
Monitoring ............ $125,000
7002-4213
For the purposes of a federally funded grant entitled, Lead Licensing and Monitoring
.................. $269,021
7002-4215
For the purposes of a federally funded grant entitled, Occupational Illness
and Injury .................. $87,367
7002-4216
For the purpose of a federally funded grant entitled, Lead Enforcement Cooperation
Agreement ...............$45,000
7002-6627
For the purposes of a federally funded grant entitled, Occupational Safety and
Health Administration Onsite Consultation Program ....................................................................................................................................
$1,167,208
7002-9701
For the purposes of a federally funded grant entitled, Federal Bureau of Labor
Statistics ............ $2,114,830
7003-1010
For the purposes of a federally funded grant entitled, Trade Expansion Act Program
................... $2,927,347
7003-1621
For the purposes of a federally funded grant entitled, Job Training Partnership
Title II .................$127,377
7003-1623
For the purposes of a federally funded grant entitled, Dislocated Workers Title
III ...................... $2,700,000
7003-1627
For the purpose of federally funded grant entitled, Welfare to Work ...........................................
$10,542,456
7003-1628
For the purpose of a federally funded grant entitled, Workforce Investment Act
Title I-Year One .................. $6,826,289
7003-1630
For the purpose of a federally funded grant entitled, Workforce Investment Act
Title I-Adult Activities .........$11,235,182
7003-1631
For the purpose of a federally funded grant entitled, Workforce Investment Act
Title I-Youth Formula
Grants .......................................................$16,005,091
7003-1632
For the purpose of a federally funded grant entitled, Workforce Investment Act
Title I-Dislocated Workers ...$24,538,464
7003-2013
For the purposes of a federally funded grant entitled, Mine Safety and Health
Training ................ $62,386
Division of Employment and Training.
7002-6624
For the purposes of a federally funded grant entitled, Unemployment Insurance
Programs Administration ...... $77,295,107
7002-6626
For the purposes of a federally funded grant entitled, Employment Service Programs
Administration .............$22,772,469
7002-6628
For the purposes of a federally funded grant entitled, Federal Disabled Veterans
Outreach .......... $2,246,089
7002-6629
For the purposes of a federally funded grant entitled, Local Veterans Employment
Representative Program .... $1,550,882
7002-6644
For the purposes of a federally funded grant entitled, Reed Act-State Unemployment
Trust Fund Distribution from Employment Security .................................................................................................................
$2,810,322
Department of Housing and Community Development.
7004-0300
For the purposes of a federally funded grant entitled, Lead Safe Home .......................................
$600,000
7004-2030
For the purposes of a federally funded grant entitled, Weatherization Assistance
for Low Income Persons; provided, that consistent with applicable federal regulations
and the state plan, the department of housing and community development may
provide monthly payments in advance to participating agencies ...................................................
$7,738,295
7004-2033
For the purposes of a federally funded grant entitled, Low Income Home Energy
Assistance Program; provided, that consistent with applicable federal regulations
and the state plan, the department of housing and community development shall
provide monthly payments in advance to participating agencies ...................................................
$75,424,965
7004-2034
For the purposes of a federally funded grant entitled, Community Services Block
Grant; provided, that consistent with applicable federal regulations and the
state plan, the department of housing and community development may provide
monthly payments in advance to participating agencies ............................................................................
$14,525,577
7004-3037
For the purposes of a federally funded grant entitled, Small Cities Community
Development Block Grant Program; provided, that consistent with applicable federal
regulations and the state plan, the department of housing and community development
may provide monthly payments in advance to participating agencies ............................................
$64,000,000
7004-9009
For the purposes of a federally funded grant entitled, Section 8 Substantial
Rehabilitation Program; provided, that the department of housing and community
development may provide monthly payments in advance to participating
agencies ..................................................................................................................................................
$6,100,000
7004-9011
For the purposes of a federally funded grant entitled, Supportive Housing Demonstration
Program .................. $385,716
7004-9014
For the purposes of a federally funded grant entitled, Section 8 Federal Housing
Voucher Program; provided, that the department of housing and community development
may provide monthly payments in advance to participating agencies ..................................................................................................................................................
$136,456,470
7004-9019
For the purposes of a federally funded grant entitled, Section 8 Moderate Rehabilitation;
provided, that the department of housing and community development may provide
monthly payments in advance to participating agencies....... $9,500,000
7004-9020
For the purposes of a federally funded grant entitled, Section 8 New Construction
Program; provided, that the department of housing and community development
may provide monthly payments in advance to participating agencies $4,300,000
7004-9028
For the purposes of a federally funded grant entitled, Home Investment Partnerships;
provided, that consistent with applicable federal regulations and the state
plan, the department of housing and community development may provide monthly
payments in advance to participating agencies ........................................................$24,500,000
7004-9039
For the purposes of a federally funded grant entitled, HOME Technical Assistance
..................... $50,000
7004-9051
For the purposes of a federally funded grant entitled, Shelter Plus Care-Lowell;
provided, that consistent with applicable federal regulations and the state
plan, the department of housing and community development may provide monthly
payments in advance to participating agencies ............................................................................................
$43,000
7004-9052
For the purposes of a federally funded grant entitled, Shelter Plus Care-Boston;
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 ............................................................................................
$856,000
7004-9053
For the purposes of a federally funded grant entitled, Shelter Plus Care-Southbridge;
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 ..............................................................
$120,000
7004-9054
For the purposes of a federally funded grant entitled, Shelter Plus Care-New
Bedford; 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 ............................................................................
$25,000
Division of Energy Resources.
7006-9201
For the purposes of a federally funded grant entitled, Automated CNG Fueling
Station ............... $18,800
7006-9204
For the purposes of a federally funded grant entitled, Better Building Project
Phase III ................ $112
7006-9207
For the purposes of a federally funded grant entitled, Building on State Industries
........................ $20,000
7006-9208
For the purposes of a federally funded grant entitled, Rebuild Massachusetts
Communities ......... $190,730
7006-9209
For the purposes of a federally funded grant entitled, Clean Cities Rebate program
..................... $10,000
7006-9210
For the purposes of a federally funded grant entitled, Revitalizing Brockton
................................. $30,000
7006-9211
For the purposes of a federally funded grant entitled, South Yarmouth CNG Shuttle
................... $25,752
7006-9212
For the purposes of a federally funded grant entitled, CNG Trash Haulers ..................................
$150,000
7006-9213
For the purposes of a federally funded grant entitled, Supporting Advanced Energy
Codes ......... $378,651
7006-9214
For the purposes of a federally funded grant entitled, Industries of the Future
.............................. $199,575
7006-9720
For the purposes of a federally funded grant entitled, State Heating Oil and
Propane Program ..... $22,168
7006-9743
For the purposes of a federally funded grant entitled, State Energy Plan ......................................
$1,001,691
7006-9755
For the purposes of a federally funded grant entitled, String Ribbon Photovoltaic
Manufacturing .. $8,249
7006-9757
For the purposes of a federally funded grant entitled, Northeast Regional Biomass
Program ........ $38,862
Department of Economic Development.
7007-0002
For the purposes of a federally funded grant entitled, Massachusetts Fisheries
Initiative ............... $540,000
7007-0211
For the purposes of a federally funded grant entitled, Massachusetts Modernization
Partnership .. $2,356,000
7007-9007
For the purposes of a federally funded grant entitled, Urban Enterprise Program
......................... $900,000
Department of Education.
7010-0217
For the purposes of a federally funded grant entitled, Teacher Quality Enhancement
Grants for State Partnerships .............................. $1,859,515
7010-2000
For the purposes of a federally funded grant entitled, Goals 2000 - Distribution
.......................... $1,900,000
7010-2001
For the purposes of a federally funded grant entitled, Goals 2000 - Administration
...................... $395,954
7010-8801
For the purposes of a federally funded grant entitled, Technology Literacy Challenge
- Distribution ..................... $92,000
7010-8802
For the purposes of a federally funded grant entitled, Technology Literacy Challenge
- Administration ...........$150,617
7010-8888
For the purposes of a federally funded grant entitled, School Renovations Ideas
and Technology -
Distribution ....................... $150,617
7010-9095
For the purposes of a federally funded grant entitled, Massachusetts Parent
Involvement- Administration ............$99,150
7010-9096
For the purposes of a federally funded grant entitled, Massachusetts Parent
Involvement - Distribution ......... $520,000
7010-9097
For the purposes of a federally funded grant entitled, Palms Phase II- Administration
.................. $535,03400
7010-9098
For the purposes of a federally funded grant entitled, Palms Phase II- Distribution
....................... $520,000
7010-9706
For the purposes of a federally funded grant entitled, Common Core Data Project
...................... $4,283
7010-9732
For the purposes of a federally funded grant entitled, Title IV Innovative Education
Strategies Program
- Administration ...............................................................
$2,023,254
7010-9999
For the purposes of a federally funded grant entitled, School Renovation Ideas
and Technology Administration....$200,000
7027-0210
For the purposes of a federally funded grant entitled, Partnerships in Character
Education ........... $284,500
7027-9113
For the purposes of a federally funded grant entitled, Technical Preparation
- Administration ....... $100,094
7027-9117
For the purposes of a federally funded grant entitled, Occupational Education
- Distribution ........ $18,142,290
7027-9125
For the purposes of a federally funded grant entitled, Technical Preparation
- Board of Higher Education ......$1,720,000
7027-9126
For the purposes of a federally funded grant entitled, Occupational Education
- Administration .... $1,865,014
7028-0601
For the purposes of a federally funded grant entitled, Education of the Handicapped
- Administration ..........$5,298,150
7030-0191
For the purposes of a federally funded grant entitled, Bilingual Education Programs
- Technical Assistance by State Education Agencies ...................................................................................................................................
$204,694
7030-2121
For the purposes of a federally funded grant entitled, Reading Excellence -
Distribution ............... $5,637,164
7030-2122
For the purposes of a federally funded grant entitled, Reading Excellence -
Administration .......... $185,344
7030-9737
For the purposes of a federally funded grant entitled, Chapter II Block Grant
- Distribution ......... $6,500,000
7030-9780
For the purposes of a federally funded grant entitled, Dwight D Eisenhower Math
and Science Education Act - Administration ......................................................................................................
$349,341
7030-9791
For the purposes of a federally funded grant entitled, Dwight D Eisenhower Math
and Science Education Act -
Distribution .................................................................................................................
$3,500,000
7032-0190
For the purposes of a federally funded grant entitled, Class Size Reduction
Project ..................... $23,800,000
7032-0217
For the purposes of a federally funded grant entitled, Robert C Byrd Honors
Scholarship Program -
Distribution ........................ $880,000
7032-0227
For the purposes of a federally funded grant entitled, Drug-Free Schools - Administration
........... $988,932
7032-0228
For the purposes of a federally funded grant entitled, Massachusetts AIDS Education
Program ... $1,154,880
7032-0231
For the purposes of a federally funded grant entitled, Drug-Free Schools - Distribution
............... $5,817,328
7032-0402
For the purposes of a federally funded grant entitled, Local Education Agencies
Education of Children of Low Income Families - Administration ..................
$2,205,798
7032-0403
For the purposes of a federally funded grant entitled, Chapter I Administrative
Grants ................. $655,200
7032-0405
For the purposes of a federally funded grant entitled, Title I Accountability
.................................. $6,300,000
7033-9401
For the purposes of a federally funded grant entitled, Christa McAuliffe Fellowship
Program - Administration ...... $8,500
7033-9402
For the purposes of a federally funded grant entitled, Christa McAuliffe Fellowship
Program - Distribution ......... $41,000
7035-0013
For the purposes of a federally funded grant entitled, Education of the Handicapped
- Distribution ...............$12,406,124
7035-0020
For the purposes of a federally funded grant entitled, Massachusetts State Improvement
Grant Project
Focus ....................... $1,33,277
7035-0117
For the purposes of a federally funded grant entitled, Education Consolidation
Innovative Act Distribution ..$166,000,000
7035-0127
For the purposes of a federally funded grant entitled, Neglected and Delinquent
Children ............ $650,000
7035-0137
For the purposes of a federally funded grant entitled, Children in Adult Correctional
Institutions ... $178,825
7035-0147
For the purposes of a federally funded grant entitled, Migrant Education .....................................
$2,700,000
7035-0152
For the purposes of a federally funded grant entitled, Homeless Children Youth
Exemplary Grant .................... $500,000
7035-0155
For the purposes of a federally funded grant entitled, Chapter I Capital Expenses
- Private Schools .............. $1,100,000
7035-0158
For the purposes of a federally funded grant entitled, Massachusetts Educational
Program for Homeless
Children .......................... $143,000
7035-0166
For the purposes of a federally funded grant entitled, Even Start Family Literacy
- Distribution .... $1,800,000
7035-0167
For the purposes of a federally funded grant entitled, Even Start Family Literacy
- Administration ..............$345,000
7035-0176
For the purposes of a federally funded grant entitled, Comprehensive School
Demonstration - Distribution ...... $3,200,000
7035-0177
For the purposes of a federally funded grant entitled, Comprehensive School
Demonstration -
Administration .......................... $480,500
7035-0210
For the purposes of a federally funded grant entitled, Advanced Placement Fee
Payment Program ......... $192,000
7035-0317
For the purposes of a federally funded grant entitled, Education of the Handicapped
- Distribution ............$150,000,000
7035-0713
For the purposes of a federally funded grant entitled, Early Childhood Incentive
.......................... $980,000
7035-0717
For the purposes of a federally funded grant entitled, Preschool Incentive -
Distribution ............... $7,955,000
7035-0718
For the purposes of a federally funded grant entitled, Preschool Incentive -
Discretionary ............ $1,800,000
7038-0002
For the purposes of a federally funded grant entitled, Adult Basic Education
- Title III ................. $1,950,000
7038-0107
For the purposes of a federally funded grant entitled, Adult Basic Education
- Distribution ........... $6,000,000
7038-0188
For the purposes of a federally funded grant entitled, Family Literacy Administration
Phase II ..... $200,175
7038-0192
For the purposes of a federally funded grant entitled, Adult Learning Disabilities
New England Partnership -
Administration ..................................................................................................................................................
$20,000
7038-9004
For the purposes of a federally funded grant entitled, School Based Programs
- Distribution ........ $320,000
7038-9005
For the purposes of a federally funded grant entitled, School Based Training
............................... $135,000
7038-9008
For the purposes of a federally funded grant entitled, Learn and Serve America,
Higher Ed and Schools
Partnership .......................... $320,000
7038-9724
For the purposes of a federally funded grant entitled, Emergency Immigrant Education
Assistance .................. $92,000
7038-9747
For the purposes of a federally funded grant entitled, Emergency Immigrant Assistance
- Distribution .......... $4,461,250
7038-9748
For the purposes of a federally funded grant entitled, Refugee Children School
Impact Grant Program ........ $537,500
7043-1001
For the purposes of a federally funded grant entitled, Title I Basic Program
................................. $220,831,736
7043-1002
For the purposes of a federally funded grant entitled, Title I Reading First
State Grants ............... $15,301,143
7043-1003
For the purposes of a federally funded grant entitled, Title I Even Start .......................................
$4,707,337
7043-1004
For the purposes of a federally funded grant entitled, Title I Migratory Children
.......................... $2,415,330
7043-1005
For the purposes of a federally funded grant entitled, Title I Neglected and
Delinquent Children .. $1,477,132
7043-1006
For the purposes of a federally funded grant entitled, Title I Comprehensive
School Reform ........ $4,899,653
7043-2001
For the purposes of a federally funded grant entitled, Title II Teacher Quality
State Grants .......... $52,504,307
7043-2002
For the purposes of a federally funded grant entitled, Title II State and Local
Technology Grants ....... $12,814,920
7043-3001
For the purposes of a federally funded grant entitled, Title III Language Instruction/LEP
Immigrants ........... $8,161,997
7043-4001
For the purposes of a federally funded grant entitled, Title IV Safe and Drug
Free Schools .......... $8,997,517
7043-4002
For the purposes of a federally funded grant entitled, Title IV 21st Century
Community Learning Centers .......... $6,359,594
7043-5001
For the purposes of a federally funded grant entitled, Title V Innovative Programs
State Grants ... $7,695,341
7043-5002
For the purposes of a federally funded grant entitled, Title V Fund For Improvement
of Education .......... $1,518,815
7043-6001
For the purposes of a federally funded grant entitled, Title VI State Assessment
Grants ............... $7,345,671
7043-6501
For the purposes of a federally funded grant entitled, Title X Homeless Children/Youth
............... $1,055,917
7043-7001
For the purposes of a federally funded grant entitled, Special Education Grants
........................... $191,890,947
7043-7002
For the purposes of a federally funded grant entitled, Preschool Grants .......................................
$10,103,890
7043-8001
For the purposes of a federally funded grant entitled, Vocational Education
Grants ...................... $18,101,085
7043-8002
For the purposes of a federally funded grant entitled, Tech-Prep. Education
................................ $1,697,959
7043-9001
For the purposes of a federally funded grant entitled, Adult Education Grants
.............................. $9,604,094
7043-9002
For the purposes of a federally funded grant entitled, Adult Education English
Literacy and Civics Grants ....$1,565,948
7053-2105
For the purposes of a federally funded grant entitled, Special Food Distribution
Cash .................. $775,000
7053-2111
For the purposes of a federally funded grant entitled, Special Milk Program
................................ $725,625
7053-2112
For the purposes of a federally funded grant entitled, Special Assistance Funds
........................... $78,100,000
7053-2113
For the purposes of a federally funded grant entitled, Community School Lunch
Program ............ $25,188,000
7053-2114
For the purposes of a federally funded grant entitled, School Breakfast Program
......................... $29,166,500
7053-2117
For the purposes of a federally funded grant entitled, Child Care Program ..................................
$53,680,000
7053-2126
For the purposes of a federally funded grant entitled, Temporary Emergency Food
Assistance .... $920,000
7053-2202
For the purposes of a federally funded grant entitled, Special Summer Food Service
Program for Children ...$6,000,000
7062-0008
For the purposes of a federally funded grant entitled, Office of School Lunch
Programs - Child Care Program Administration .................................................................................................................
$1,150,000
7062-0009
For the purposes of a federally funded grant entitled, Summer Feeding - Administration
.............. $100,000
7062-0010
For the purposes of a federally funded grant entitled, Two Percent Child Care-
Administration .... $360,000
7062-0012
For the purposes of a federally funded grant entitled, Team Nutrition Training
............................. $26,600
7062-0016
For the purposes of a federally funded grant entitled, Charter Schools Assistance
....................... $250,000
7062-0017
For the purposes of a federally funded grant entitled, Charter Schools Assistance-
Distribution .... $4,000,000
7062-0019
For the purposes of a federally funded grant entitled, Career Resource Network
State Grant ...... $230,000
Board of Higher Education.
7066-6022
For the purposes of a federally funded grant entitled, Gear Up - Board of Higher
Education ........ $3,956,463
7070-0016
For the purposes of a federally funded grant entitled, Special Leveraging Assistance-
Tance Partnership ........$1,000,000
7070-0017
For the purposes of a federally funded grant entitled, State Student Incentive
Grant Program - Board of Higher
Education .......................................................................................................................
$989,979
7110-6019
For the purposes of a federally funded grant entitled, Upward Bound Payroll
and Benefits - Fitchburg State
College .......................... $140,543
7110-6030
For the purposes of a federally funded grant entitled, Expanding Horizons Student
Support Services - Fitchburg State College .................................................................................................................
$185,962
7110-6046
For the purposes of a federally funded grant entitled, Co-Step Special Education
Payroll and Benefits- Fitchburg State College ...................................................................................................................
$43,124
7110-6064
For the purposes of a federally funded grant entitled, USIA Community Connections
Payroll- Fitchburg State
College .......................... $40,629
7114-9714
For the purposes of a federally funded grant entitled, Special Services for
Disadvantaged Students - Salem State
College ......................................................................................................
$320,000
7116-9760
For the purposes of a federally funded grant entitled, Community Oriented Policing
Services - Worcester State
College .......................... $50,000
7116-9761
For the purposes of a federally funded grant entitled, Cops More 98 - Worcester
State College ............. $25,000
7503-6555
For the purposes of a federally funded grant entitled, Title III Strengthening
Institutions Program ............... $373,744
7503-9711
For the purposes of a federally funded grant entitled, Special Services for
Disadvantaged Students - Bristol Community College .....................................................................................................................................
$331,424
7503-9714
For the purposes of a federally funded grant entitled, Upward Bound Program
- Bristol Community College .....$316,863
7508-9760
For the purposes of a federally funded grant entitled, Student Support Services
Program-Massasoit Community
College ...........................................................................................................
$199,135
7509-9714
For the purposes of a federally funded grant entitled, Special Services for
Disadvantaged Students - Mount Wachusett Community College ...................................................................................................................
$233,116
7509-9718
For the purposes of a federally funded grant entitled, Talent Search - Mount
Wachusett Community
College .......................... $147,329
7509-9721
For the purposes of a federally funded grant entitled, Gear-up - Payroll - Mount
Wachusett Community
College .......................... $211,032
7511-9711
For the purposes of a federally funded grant entitled, Special Services for
Disadvantaged Students - North Shore Community College ..................................................................................................
$399,637
7511-9740
For the purposes of a federally funded grant entitled, Upward Bound - North
Shore Community College ........ $343,327
7518-6127
For the purposes of a federally funded grant entitled, College Work Study Program
- Bunker Hill Community
College .......................... $237,828
EXECUTIVE OFFICE OF PUBLIC SAFETY.
Department of State Police.
8100-0065
For the purposes of a federally funded grant entitled, COPS In Car Video program
.................... $250,000
8100-0207
For the purposes of a federally funded grant entitled, MCSAP Program 2002 ............................
$2,352,730
8100-0208
For the purposes of a federally funded grant entitled, MCSAP Wireless Communications
Program ........... $216,128
8100-0209
For the purposes of a federally funded grant entitled, Region 1 Training Academy
Motor Carrier Safety
Assistance .......................... $105,880
8100-2058
For the purposes of a federally funded grant entitled, New England State Police
Administrator's Conference - Regional Investigation ..............................................................................................................................
$2,900,000
8100-9703
For the purposes of a federally funded grant entitled, National Incident Based
Reporting System ................... $421,536
8100-9706
For the purposes of a federally funded grant entitled, Cannabis Eradication
Controlled Substance Prosecution DEA Cooperative Agreement ............................................................................................................
$80,000
8100-9710
For the purposes of a federally funded grant entitled, State Police - Boston
Police Forensic DNA Lab
Improvements .......................... $784,746
Criminal Justice Training Council.
8200-0010
For the purposes of a federally funded grant entitled, Massachusetts Police
Corps ...................... $2,793,086
Department of Fire Services.
8324-1503
For the purposes of a federally funded grant entitled, Terrorism Preparedness
Training ................ $80,000
8324-1505
For the purposes of a federally funded grant entitled, USFA/NFA State Fire Training
Program ... $50,000
8324-9707
For the purposes of a federally funded grant entitled, Underground Storage Tank
Registry Program ...........$200,000
Registry of Motor Vehicles.
8400-0052
For the purposes of a federally funded grant entitled, International Registration
Plan .................... $6,250,000
Committee on Criminal Justice.
8600-0002
For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency
and Prevention Act -
Planning .......................... $142,092
8600-0003
For the purposes of a federally funded grant entitled, Juvenile Justice Delinquency
and Prevention Act .......$1,209,472
8600-0008
For the purposes of a federally funded grant entitled, Drug-Free Schools and
Communities Act of 1986 ....... $1,483,326
8600-0009
For the purposes of a federally funded grant entitled, Narcotics Control Assistance
..................... $8,809,199
8600-0010
For the purposes of a federally funded grant entitled, Statistical Analysis
Center .......................... $52,697
8600-0019
For the purposes of a federally funded grant entitled, Title V - Delinquency
Prevention ................ $743,599
8600-0020
For the purposes of a federally funded grant entitled, Stop Violence Against
Women Formula Grants
Program .......................... $2,609,683
8600-0021
For the purposes of a federally funded grant entitled, Challenge Grants Programs
........................ $162,000
8600-0023
For the purposes of a federally funded grant entitled, Criminal History Improvement
................... $1,209,263
8600-0024
For the purposes of a federally funded grant entitled, State Prisoner Residential
Substance Abuse
Treatment .......................... $632,780
8600-0025
For the purposes of a federally funded grant entitled, Local Law Enforcement
Block Grants ........ $805,202
8600-0033
For the purposes of a federally funded grant entitled, Motor Vehicle Theft Prevention
Program ... $240,000
8600-0034
For the purposes of a federally funded grant entitled, Juvenile Accountability
Incentive Block Grant ..........$4,932,376
8600-0036
For the purposes of a federally funded grant entitled, Residential Substance
Abuse Treatment Evaluation ........ $9,496
8600-0042
For the purposes of a federally funded grant entitled, Bullet-proof Vest Partnership
Program ....... $1,250,000
Massachusetts Emergency Management Agency.
8800-0003
For the purposes of a federally funded grant entitled, Emergency Management
Assistance - Personnel and Administrative Expenses ..................................................................................................................................
$2,831,770
8800-0009
For the purposes of a federally funded grant entitled, Emergency Management
Training - State and Local
Personnel .......................... $524,176
8800-0037
For the purposes of a federally funded grant entitled, Hazard Mitigation ......................................
$3,769,074
8800-0042
For the purposes of a federally funded grant entitled, Hazardous Materials Transportation
Act .... $352,308
8800-0048
For the purposes of a federally funded grant entitled, Flood Mitigation Assistance
Program ......... $525,230
8800-0049
For the purposes of a federally funded grant entitled, National Flood Insurance
........................... $167,291
8800-0054
For the purposes of a federally funded grant entitled, Disaster Relief - October
1996 Floods ...... $8,231,524
8800-0055
For the purposes of a federally funded grant entitled, Department of Housing
and Urban Development Disaster
Relief .......................... $1,500,000
8800-0068
For the purposes of a federally funded grant entitled, Preparedness Equipment
- State and Local ............. $1,072,229
8800-0069
For the purposes of a federally funded grant entitled, Comprehensive Environmental
Response, Compensation, and Liability Act Grant ..................................................................................................................................
$5,000
8800-0073
For the purposes of a federally funded grant entitled, March 5-7, 2001 Snowstorm
- Snow Removal, Disaster Relief, Emergency Assistance ...............................................................................................................
$589,350
Governor's Highway Safety Board.
8850-0004
For the purposes of a federally funded grant entitled, State Agency Programs
............................. $6,556,751
8850-0027
For the purposes of a federally funded grant entitled, Massachusetts Occupant
Protection Program ............... $125,000
8850-0028
For the purposes of a federally funded grant entitled, Enforcing Underage Drinking
Laws ............ $200,000
Department of Correction.
8903-0019
For the purposes of a federally funded grant entitled, Life Skills for State
and Local Prisoners ..... $485,000
Sheriffs.
8910-0118
For the purposes of a federally funded grant entitled, Life Skills for Offenders
............................. $881,092
8910-0280
For the purposes of a federally funded grant entitled, TRIAD .....................................................
$54,000
8910-0370
For the purposes of a federally funded grant entitled, HIV/STD/TB Applied Research
Project .... $300,000
8910-0404
For the purposes of a federally funded grant entitled, Family Support Corrections
and Law Enforcement ..........$60,000
8910-0901
For the purposes of a federally funded grant entitled, Triad COPS ..............................................
$22,000
8910-0902
For the purposes of a federally funded grant entitled, Assault Research COPS
............................ $90,000
EXECUTIVE OFFICE OF ELDER AFFAIRS.
Office of the Secretary.
9110-1074
For the purposes of a federally funded grant entitled, Older Americans Assistance,
Title III and Title VII; provided, that the executive office of elder affairs
may provide periodic payments in advance to participating agencies .........
$10,244,181
9110-1077
For the purposes of a federally funded grant entitled, Older Americans Act,
Title III-E, National Family Caregiver Support Program; provided, that the executive
office of elder affairs may provide periodic payments in advance to participating
agencies ....................................................................................................................................
$4,841,393
9110-1095
For the purposes of a federally funded grant entitled, Health Information Counseling
and Assistance; provided that the executive office of elder affairs may provide
periodic payments in advance to participating agencies...........$494,500
9110-1173
For the purposes of a federally funded grant entitled, Older Americans Act -
Title III Nutrition Program; provided, that the executive office of elder affairs
may provide periodic payments in advance to participating agencies .............$13,550,000
9110-1178
For the purposes of a federally funded grant entitled, Community Service Employment
Program; provided, that the executive office of elder affairs may provide periodic
payments in advance to participating agencies ............ $2,028,792
9110-1181
For the purposes of a federally funded grant entitled, Cash in Lieu of Commodities
Program; provided, that the executive office of elder affairs may provide periodic
payments in advance to participating agencies ............ $3,950,000
9110-2457
For the purposes of a federally funded grant entitled, Springfield Multicultural
Alzheimer's Services Project; provided, that the executive office of elder affairs
may provide periodic payments in advance to participating agencies ............
$462,000
9110-2531
For the purposes of a federally funded grant entitled, Caregiver Resource Center
for Deaf and Late Deafened Elders; provided, that the executive office of elder
affairs may provide periodic payments in advance to participating
agencies .......................... $157,604
SECTION 3. Notwithstanding the provisions of any 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 the fiscal year ending June 30, 2003 the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the Local Aid Fund in accordance with the provisions of clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, shall be $778,091,951 and shall be apportioned to the cities and towns in accordance with this section; provided, that the amount of any balance in the State Lottery Fund at the end of the fiscal year shall be transferred to the Local Aid Fund; provided further, that the total amount of lottery distribution in fiscal year 2002 shall be considered "general revenue sharing aid received in the prior fiscal year" for purposes of calculating the municipal revenue growth factor pursuant to the provisions of chapter 70 of the General Laws; provided further, that the entire amount of the distribution made by this section shall be exempt from the provisions of section 5 of said chapter 70. If there exists a deficit in the State Lottery Fund at the end of fiscal year 2003, final adjustments of the lottery distribution to cities and towns shall be made by the state treasurer by adjusting downward the second quarterly payment of fiscal year 2004, through the lottery formula, so as to apportion the revenue shortfall.
Notwithstanding the provisions of any 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, the total amounts to be distributed and paid to each city, town, regional school district, independent agricultural school and county maintaining an agricultural school from items 0611-5500 and 7061-0008 of section 2 shall be as set forth in the following lists; provided, that the specified amounts to be distributed from item 7061-0008 of said section 2 are hereby deemed to be in full satisfaction of the amounts due under the provisions of sections 76, 77, 78 and 195 of this act and sections 3, 6 and 7 of chapter 70 of the General Laws; provided further, that the amounts to be distributed from item 0611-5500 of said section 2 are hereby deemed to be in full satisfaction of the amounts due under section 37 of chapter 21 of the General Laws. No payments to cities, towns, or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year by the state treasurer until she receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted pursuant to the provisions of section 43 of chapter 44 of the General Laws.
Notwithstanding section 2 of chapter 70 of the general laws or any other general or special law to the contrary, for fiscal year 2003 all wage adjustment factors calculated within the foundation budget appearing below 1 shall be raised by 75% of the difference between the wage adjustment factor and 1.
Notwithstanding the definition of "Net school spending" in section 2 of chapter 70 of the General Laws, for the purpose of calculating the minimum required local contribution for fiscal year 2003, pursuant to said chapter 70, the department of education shall consider health care costs for retired teachers to be part of net school spending for any municipality in which health care costs for retired teachers were considered to be part of net school spending in fiscal year 1994. The department shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994. If there is a conflict between the provisions of this section and the distributions listed below, the distribution below shall control.
Notwithstanding any general or special law to the contrary, any Chapter 70 school aid amount allocated to any school district for fiscal year 2003 in excess of the amount that appeared in section 3 of House Bill 5100 shall be made available to the district's school committee for expenditure without further local appropriation upon the request of the school committee and the vote of the local appropriation authority as defined in section 21C of Chapter 59 of the General Laws, following a recommendation of the local appropriation, finance, or advisory committee, if any.
Base aid due under chapter 70 for fiscal year 2004 shall equal all fiscal year 2003 chapter 70 aid.
Notwithstanding the provisions
of any general or special law to the contrary, the sum appropriated in item
7061-0022 of section 2 shall be for disbursement to certain cities and towns
as provided in said item and in this section.
The state treasurer shall make advance payments for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district, or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of administration and finance, pursuant to guidelines established by said secretary.
This item was reduced by the acting Governor
| ?7061-0008 | ?7061-0022 | ?0611-5500 | ||||
| ?Chapter 70 | ?Reduce | ?Additional | ?Lottery | |||
| Municipality | ?Class Size | ?Assistance | ?Distribution | |||
| ???? | ||||||
| ABINGTON | ???????? 6,439,277 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,068,295 | ||
| ACTON | ???????? 2,668,321 | ???????????????????? -?? | ????????????? |
???????? 1,406,217 | ||
| ACUSHNET | ???????? 5,241,382 | ???????????????????? -?? | ????????????? |
???????? 1,587,971 | ||
| ADAMS | ???????????????????? -?? | ???????????????????? -?? | ???????????? |
???????? 2,024,211 | ||
| AGAWAM | ?????? 11,837,774 | ???????????????????? -?? | ???????????????????? -?? | ???????? 3,691,926 | ||
| ALFORD | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 15,203 | ||
| AMESBURY | ???????? 9,978,669 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,074,864 | ||
| AMHERST | ???????? 5,854,709 | ????????????? 54,456 | ??????????? |
???????? 8,097,758 | ||
| ANDOVER | ???????? 6,181,695 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,854,534 | ||
| AQUINNAH | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????????? 2,220 | ||
| ARLINGTON | ???????? 6,003,471 | ???????????????????? -?? | ???????? |
?????? 4,509,629 | ||
| ASHBURNHAM | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 700,843 | ||
| ASHBY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 411,019 | ||
| ASHFIELD | ??????????? 120,726 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 168,806 | ||
| ASHLAND | ???????? 2,897,888 | ???????????????????? -?? | ??????????? |
???????? 1,069,482 | ||
| ATHOL | ???????????????????? -?? | ???????????????????? -?? | ??????????????? |
???????? 2,264,632 | ||
| ATTLEBORO | ?????? 24,736,934 | ???????????????????? -?? | ???????????????????? -?? | ???????? 5,734,233 | ||
| AUBURN | ???????? 4,669,138 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,723,735 | ||
| AVON | ??????????? 712,769 | ???????????????????? -?? | ??????????? |
??????????? 408,691 | ||
| AYER | ???????? 4,486,205 | ????????????? 28,796 | ????????????? |
??????????? 768,985 | ||
| BARNSTABLE | ???????? 7,631,735 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,116,934 | ||
| BARRE | ??????????????? 9,851 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 796,940 | ||
| BECKET | ????????????? 91,305 | ???????????????????? -?? | ????????????? |
????????????? 77,515 | ||
| BEDFORD | ???????? 2,419,485 | ???????????????????? -?? | ??????????? |
??????????? 823,146 | ||
| BELCHERTOWN | ???????? 8,379,052 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,548,703 | ||
| BELLINGHAM | ???????? 8,115,368 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,904,037 | ||
| BELMONT | ???????? 3,530,649 | ???????????????????? -?? | ???????? |
???????? 1,789,170 | ||
| BERKLEY | ???????? 4,661,765 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 562,870 | ||
| BERLIN | ??????????? 617,571 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 223,968 | ||
| BERNARDSTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 263,001 | ||
| BEVERLY | ???????? 7,634,024 | ???????????????????? -?? | ???????? |
???????? 4,100,613 | ||
| BILLERICA | ?????? 15,039,538 | ???????????????????? -?? | ???????? |
???????? 4,255,906 | ||
| BLACKSTONE | ??????????? 147,096 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,329,931 | ||
| BLANDFORD | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 119,013 | ||
| BOLTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 186,026 | ||
| BOSTON | ???? 205,643,453 | ???????? 3,784,420 | ???? |
?????? 63,492,321 | ||
| BOURNE | ???????? 3,716,271 | ???????????????????? -?? | ??????????? |
???????? 1,220,684 | ||
| BOXBOROUGH | ???????? 1,394,072 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 243,393 | ||
| BOXFORD | ???????? 1,808,196 | ???????????????????? -?? | ????????????? |
??????????? 470,708 | ||
| BOYLSTON | ??????????? 477,114 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 356,001 | ||
| BRAINTREE | ???????? 5,818,964 | ???????????????????? -?? | ???????? |
???????? 3,283,351 | ||
| BREWSTER | ???????? 1,026,159 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 397,625 | ||
| BRIDGEWATER | ??????????? 140,512 | ???????????????????? -?? | ???????????????????? -?? | ???????? 3,285,540 | ||
| BRIMFIELD | ???????? 1,097,622 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 364,837 | ||
| BROCKTON | ???? 112,706,501 | ??????????? 839,018 | ???????? |
?????? 18,396,664 | ||
| BROOKFIELD | ???????? 1,635,198 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 494,890 | ||
| BROOKLINE | ???????? 6,152,559 | ???????????????????? -?? | ???????? |
???????? 3,977,495 | ||
| BUCKLAND | ??????????????? 7,971 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 273,118 | ||
| BURLINGTON | ???????? 4,433,992 | ???????????????????? -?? | ???????? |
???????? 1,600,680 | ||
| CAMBRIDGE | ???????? 8,488,881 | ??????????? 207,844 | ?????? |
???????? 8,023,844 | ||
| CANTON | ???????? 3,140,912 | ???????????????????? -?? | ???????? |
???????? 1,482,910 | ||
| CARLISLE | ??????????? 733,483 | ???????????????????? -?? | ????????????? |
??????????? 220,215 | ||
| CARVER | ???????? 8,991,119 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,477,290 | ||
| CHARLEMONT | ????????????? 88,183 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 158,275 | ||
| CHARLTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,282,797 | ||
| CHATHAM | ??????????? 560,156 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 173,877 | ||
| CHELMSFORD | ???????? 8,241,820 | ???????????????????? -?? | ???????? |
???????? 3,246,972 | ||
| CHELSEA | ?????? 41,980,397 | ??????????? 400,977 | ???????? |
???????? 5,585,430 | ||
| CHESHIRE | ??????????? 294,018 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 538,717 | ||
| CHESTER | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 164,739 | ||
| CHESTERFIELD | ??????????? 143,523 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 124,346 | ||
| CHICOPEE | ?????? 35,663,525 | ??????????? 311,795 | ???????? |
?????? 10,041,559 | ||
| CHILMARK | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????????? 3,950 | ||
| CLARKSBURG | ???????? 1,455,353 | ???????????????????? -?? | ????????????? |
??????????? 359,293 | ||
| CLINTON | ???????? 9,094,344 | ????????????? 50,008 | ??????????? |
???????? 2,252,984 | ||
| COHASSET | ???????? 1,434,091 | ???????????????????? -?? | ??????????? |
??????????? 429,536 | ||
| COLRAIN | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 231,093 | ||
| CONCORD | ???????? 1,928,662 | ???????????????????? -?? | ??????????? |
??????????? 961,464 | ||
| CONWAY | ??????????? 696,229 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 164,973 | ||
| CUMMINGTON | ????????????? 40,597 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 72,482 | ||
| DALTON | ??????????? 286,814 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 998,152 | ||
| DANVERS | ???????? 4,462,515 | ???????????????????? -?? | ???????? |
???????? 2,027,017 | ||
| DARTMOUTH | ???????? 7,590,854 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,609,226 | ||
| DEDHAM | ???????? 3,817,342 | ???????????????????? -?? | ???????? |
???????? 2,233,487 | ||
| DEERFIELD | ??????????? 762,515 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 496,399 | ||
| DENNIS | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 554,312 | ||
| DEVENS | ??????????? 410,000 | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ||
| DIGHTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 708,177 | ||
| DOUGLAS | ???????? 5,996,271 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 693,294 | ||
| DOVER | ??????????? 414,875 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 210,764 | ||
| DRACUT | ?????? 13,707,947 | ???????????????????? -?? | ???????????????????? -?? | ???????? 3,630,717 | ||
| DUDLEY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,536,684 | ||
| DUNSTABLE | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????? 195,939 | ||
| DUXBURY | ???????? 3,319,143 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 968,315 | ||
| EAST BRIDGEWATER | ???????? 8,908,542 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,519,078 | ||
| EAST BROOKFIELD | ????????????? 27,380 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 281,675 | ||
| EAST LONGMEADOW | ???????? 4,098,133 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,368,440 | ||
| EASTHAM | ??????????? 302,567 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 151,695 | ||
| EASTHAMPTON | ???????? 7,463,438 | ????????????? 35,525 | ??????????? |
???????? 2,712,063 | ||
| EASTON | ???????? 6,985,651 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,216,364 | ||
| EDGARTOWN | ??????????? 403,848 | ???????????????????? -?? | ????????????? |
????????????? 48,085 | ||
| EGREMONT | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 65,796 | ||
| ERVING | ??????????? 306,667 | ???????????????????? -?? | ????????????? |
????????????? 63,971 | ||
| ESSEX | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????? 239,827 | ||
| EVERETT | ?????? 17,126,835 | ??????????? 169,754 | ???????? |
???????? 3,588,420 | ||
| FAIRHAVEN | ???????? 6,967,506 | ????????????? 40,200 | ??????????? |
???????? 2,066,773 | ||
| FALL RIVER | ?????? 85,384,896 | ??????????? 703,192 | ???????? |
?????? 22,826,175 | ||
| FALMOUTH | ???????? 5,288,882 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,431,287 | ||
| FITCHBURG | ?????? 36,645,805 | ??????????? 311,282 | ??????????? |
???????? 8,506,440 | ||
| FLORIDA | ??????????? 519,237 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 52,267 | ||
| FOXBOROUGH | ???????? 6,699,937 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,600,196 | ||
| FRAMINGHAM | ?????? 10,164,588 | ??????????? 200,089 | ???????? |
???????? 6,506,019 | ||
| FRANKLIN | ?????? 20,413,071 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,519,718 | ||
| FREETOWN | ???????? 1,115,300 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 994,472 | ||
| GARDNER | ?????? 16,575,971 | ????????????? 66,887 | ??????????? |
???????? 4,106,707 | ||
| GEORGETOWN | ???????? 3,228,474 | ???????????????????? -?? | ????????????? |
??????????? 701,744 | ||
| GILL | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 217,801 | ||
| GLOUCESTER | ???????? 6,554,127 | ????????????? 79,032 | ???????? |
???????? 2,664,595 | ||
| GOSHEN | ????????????? 89,121 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 70,158 | ||
| GOSNOLD | ????????????? 10,058 | ???????????????????? -?? | ??????????????? |
?????????????????? 551 | ||
| GRAFTON | ???????? 5,078,322 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,603,750 | ||
| GRANBY | ???????? 3,232,103 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 851,779 | ||
| GRANVILLE | ??????????? 832,839 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 141,332 | ||
| GREAT BARRINGTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 801,673 | ||
| GREENFIELD | ???????? 9,512,771 | ????????????? 84,506 | ???????????????????? -?? | ???????? 3,124,995 | ||
| GROTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 744,847 | ||
| GROVELAND | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 674,022 | ||
| HADLEY | ??????????? 742,139 | ???????????????????? -?? | ??????????? |
??????????? 329,841 | ||
| HALIFAX | ???????? 2,314,346 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 940,730 | ||
| HAMILTON | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????? 627,297 | ||
| HAMPDEN | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 605,061 | ||
| HANCOCK | ??????????? 166,799 | ???????????????????? -?? | ????????????? |
????????????? 38,668 | ||
| HANOVER | ???????? 4,015,201 | ???????????????????? -?? | ???????? |
???????? 1,104,612 | ||
| HANSON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,289,820 | ||
| HARDWICK | ???????????????????? -?? | ???????????????????? -?? | ??????????????? |
??????????? 396,023 | ||
| HARVARD | ???????? 1,431,925 | ???????????????????? -?? | ????????????? |
???????? 1,938,865 | ||
| HARWICH | ???????? 1,704,377 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 442,804 | ||
| HATFIELD | ??????????? 672,227 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 316,141 | ||
| HAVERHILL | ?????? 33,849,328 | ??????????? 178,307 | ???????? |
???????? 8,032,601 | ||
| HAWLEY | ????????????? 25,631 | ???????????????????? -?? | ????????????? |
????????????? 28,761 | ||
| HEATH | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 64,382 | ||
| HINGHAM | ???????? 3,952,913 | ???????????????????? -?? | ??????????? |
???????? 1,428,766 | ||
| HINSDALE | ????????????? 96,654 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 211,241 | ||
| HOLBROOK | ???????? 4,464,776 | ???????????????????? -?? | ??????????????? |
???????? 1,611,943 | ||
| HOLDEN | ??????????? 139,460 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,710,718 | ||
| HOLLAND | ??????????? 818,518 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 180,635 | ||
| HOLLISTON | ???????? 7,251,411 | ???????????????????? -?? | ??????????? |
???????? 1,280,179 | ||
| HOLYOKE | ?????? 59,511,422 | ??????????? 485,198 | ??????????? |
???????? 9,604,916 | ||
| HOPEDALE | ???????? 5,068,956 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 667,451 | ||
| HOPKINTON | ???????? 4,137,826 | ???????????????????? -?? | ??????????? |
??????????? 657,206 | ||
| HUBBARDSTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 345,151 | ||
| HUDSON | ???????? 6,446,740 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,145,893 | ||
| HULL | ???????? 4,516,679 | ????????????? 25,147 | ???????? |
???????? 1,136,509 | ||
| HUNTINGTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 313,583 | ||
| IPSWICH | ???????? 2,461,050 | ???????????????????? -?? | ??????????? |
???????? 1,052,891 | ||
| KINGSTON | ???????? 3,115,759 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 950,339 | ||
| LAKEVILLE | ???????? 1,943,979 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 787,143 | ||
| LANCASTER | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 910,125 | ||
| LANESBOROUGH | ??????????? 622,597 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 366,381 | ||
| LAWRENCE | ???? 110,389,271 | ??????????? 937,495 | ??????????? |
?????? 19,915,827 | ||
| LEE | ???????? 1,852,895 | ????????????? 12,716 | ???????????????????? -?? | ??????????? 677,606 | ||
| LEICESTER | ???????? 9,025,412 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,782,390 | ||
| LENOX | ???????? 1,342,091 | ???????????????????? -?? | ????????????? |
??????????? 560,193 | ||
| LEOMINSTER | ?????? 29,540,832 | ??????????? 142,269 | ????????????? |
???????? 5,623,305 | ||
| LEVERETT | ??????????? 271,789 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 180,835 | ||
| LEXINGTON | ???????? 6,119,692 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,638,770 | ||
| LEYDEN | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 72,787 | ||
| LINCOLN | ??????????? 573,671 | ???????????????????? -?? | ??????????? |
??????????? 488,352 | ||
| LITTLETON | ???????? 1,734,384 | ???????????????????? -?? | ??????????? |
??????????? 588,951 | ||
| LONGMEADOW | ???????? 4,231,500 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,390,886 | ||
| LOWELL | ???? 109,418,078 | ??????????? 837,935 | ???????? |
?????? 20,560,564 | ||
| LUDLOW | ???????? 9,409,200 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,825,665 | ||
| LUNENBURG | ???????? 3,650,152 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,107,540 | ||
| LYNN | ?????? 98,243,576 | ??????????? 832,518 | ?????? |
?????? 15,119,725 | ||
| LYNNFIELD | ???????? 2,074,922 | ???????????????????? -?? | ??????????? |
??????????? 793,780 | ||
| MALDEN | ?????? 25,823,691 | ??????????? 182,470 | ???????? |
???????? 8,770,142 | ||
| MANCHESTER | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 252,628 | ||
| MANSFIELD | ???????? 9,902,848 | ???????????????????? -?? | ??????????? |
???????? 1,521,082 | ||
| MARBLEHEAD | ???????? 2,942,971 | ???????????????????? -?? | ????????????? |
???????? 1,207,520 | ||
| MARION | ??????????? 397,148 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 233,186 | ||
| MARLBOROUGH | ???????? 6,523,756 | ????????????? 91,235 | ???????? |
???????? 3,278,585 | ||
| MARSHFIELD | ?????? 11,768,546 | ???????????????????? -?? | ??????????? |
???????? 2,156,088 | ||
| MASHPEE | ???????? 4,816,289 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 278,430 | ||
| MATTAPOISETT | ??????????? 562,247 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 436,879 | ||
| MAYNARD | ???????? 2,682,260 | ???????????????????? -?? | ??????????? |
???????? 1,181,220 | ||
| MEDFIELD | ???????? 3,339,769 | ???????????????????? -?? | ??????????? |
??????????? 894,157 | ||
| MEDFORD | ?????? 12,495,563 | ????????????? 77,264 | ???????? |
???????? 7,532,599 | ||
| MEDWAY | ???????? 6,071,225 | ???????????????????? -?? | ??????????? |
???????? 1,056,273 | ||
| MELROSE | ???????? 6,265,487 | ???????????????????? -?? | ???????? |
???????? 3,278,759 | ||
| MENDON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 391,787 | ||
| MERRIMAC | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 767,453 | ||
| METHUEN | ?????? 25,018,938 | ??????????? 130,352 | ??????????? |
???????? 5,415,812 | ||
| MIDDLEBOROUGH | ?????? 13,761,293 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,532,929 | ||
| MIDDLEFIELD | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 43,386 | ||
| MIDDLETON | ???????? 1,067,839 | ???????????????????? -?? | ??????????? |
??????????? 360,177 | ||
| MILFORD | ?????? 11,643,468 | ???????????????????? -?? | ???????????????????? -?? | ???????? 3,224,119 | ||
| MILLBURY | ???????? 5,317,232 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,824,329 | ||
| MILLIS | ???????? 2,277,107 | ???????????????????? -?? | ??????????? |
??????????? 833,764 | ||
| MILLVILLE | ????????????? 47,510 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 352,051 | ||
| MILTON | ???????? 4,024,758 | ???????????????????? -?? | ???????? |
???????? 2,450,433 | ||
| MONROE | ????????????? 43,415 | ???????????????????? -?? | ????????????? |
??????????????? 7,502 | ||
| MONSON | ???????? 5,312,612 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,268,544 | ||
| MONTAGUE | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,235,980 | ||
| MONTEREY | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
????????????? 36,690 | ||
| MONTGOMERY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 84,516 | ||
| MOUNT WASHINGTON | ????????????? 12,574 | ???????????????????? -?? | ????????????? |
??????????????? 3,314 | ||
| NAHANT | ??????????? 455,800 | ???????????????????? -?? | ??????????? |
??????????? 312,234 | ||
| NANTUCKET | ??????????? 969,022 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 78,275 | ||
| NATICK | ???????? 4,931,682 | ???????????????????? -?? | ???????? |
???????? 2,435,049 | ||
| NEEDHAM | ???????? 4,504,997 | ???????????????????? -?? | ??????????? |
???????? 1,669,029 | ||
| NEW ASHFORD | ????????????? 68,543 | ???????????????????? -?? | ??????????????? |
??????????????? 9,445 | ||
| NEW BEDFORD | ?????? 95,808,151 | ??????????? 873,459 | ??????????? |
?????? 23,850,333 | ||
| NEW BRAINTREE | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 113,779 | ||
| NEW MARLBOROUGH | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 56,734 | ||
| NEW SALEM | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 92,984 | ||
| NEWBURY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 467,196 | ||
| NEWBURYPORT | ???????? 3,492,275 | ???????????????????? -?? | ???????? |
???????? 1,600,739 | ||
| NEWTON | ?????? 11,394,437 | ???????????????????? -?? | ???????? |
???????? 5,209,880 | ||
| NORFOLK | ???????? 3,072,385 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 991,299 | ||
| NORTH ADAMS | ?????? 13,678,354 | ????????????? 91,235 | ??????????? |
???????? 4,448,636 | ||
| NORTH ANDOVER | ???????? 4,889,300 | ???????????????????? -?? | ??????????? |
???????? 1,924,579 | ||
| NORTH ATTLEBOROUGH | ?????? 16,551,300 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,986,525 | ||
| NORTH BROOKFIELD | ???????? 4,219,846 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 832,766 | ||
| NORTH READING | ???????? 3,112,771 | ???????????????????? -?? | ???????? |
???????? 1,083,593 | ||
| NORTHAMPTON | ???????? 8,032,387 | ????????????? 58,561 | ??????????? |
???????? 4,071,701 | ||
| NORTHBOROUGH | ???????? 3,113,893 | ???????????????????? -?? | ????????????? |
???????? 1,080,649 | ||
| NORTHBRIDGE | ?????? 11,514,324 | ????????????? 51,833 | ??????????????? |
???????? 2,335,382 | ||
| NORTHFIELD | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 304,891 | ||
| NORTON | ?????? 10,776,284 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,111,234 | ||
| NORWELL | ???????? 2,269,077 | ???????????????????? -?? | ??????????? |
??????????? 687,784 | ||
| NORWOOD | ???????? 4,199,430 | ???????????????????? -?? | ???????? |
???????? 2,682,660 | ||
| OAK BLUFFS | ??????????? 634,246 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 74,035 | ||
| OAKHAM | ????????????? 63,589 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 172,392 | ||
| ORANGE | ???????? 5,367,303 | ????????????? 52,631 | ??????????????? |
???????? 1,639,733 | ||
| ORLEANS | ??????????? 267,953 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 188,028 | ||
| OTIS | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ????????????? 30,029 | ||
| OXFORD | ???????? 7,952,326 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,175,061 | ||
| PALMER | ???????? 9,960,252 | ????????????? 41,455 | ???????????????????? -?? | ???????? 1,891,452 | ||
| PAXTON | ????????????? 34,270 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 467,769 | ||
| PEABODY | ?????? 16,281,941 | ???????????????????? -?? | ???????? |
???????? 5,028,007 | ||
| PELHAM | ??????????? 141,191 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 152,149 | ||
| PEMBROKE | ???????? 9,611,273 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,722,079 | ||
| PEPPERELL | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,299,451 | ||
| PERU | ????????????? 39,868 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 104,979 | ||
| PETERSHAM | ??????????? 240,233 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 110,642 | ||
| PHILLIPSTON | ???????????????????? -?? | ???????????????????? -?? | ??????????????? |
??????????? 162,324 | ||
| PITTSFIELD | ?????? 28,941,235 | ??????????? 207,844 | ???????? |
???????? 7,892,067 | ||
| PLAINFIELD | ????????????? 53,679 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 43,850 | ||
| PLAINVILLE | ???????? 2,217,346 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 770,825 | ||
| PLYMOUTH | ?????? 20,298,057 | ???????????????????? -?? | ???????????????????? -?? | ???????? 3,858,333 | ||
| PLYMPTON | ??????????? 597,760 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 244,745 | ||
| PRINCETON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 304,912 | ||
| PROVINCETOWN | ??????????? 309,126 | ???????????????????? -?? | ????????????? |
??????????? 146,532 | ||
| QUINCY | ?????? 15,165,279 | ??????????? 189,996 | ?????? |
?????? 10,627,940 | ||
| RANDOLPH | ?????? 11,260,936 | ????????????? 92,033 | ???????? |
???????? 3,895,298 | ||
| RAYNHAM | ?????????????????? 375 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,135,242 | ||
| READING | ???????? 6,121,072 | ???????????????????? -?? | ???????? |
???????? 2,165,900 | ||
| REHOBOTH | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 937,167 | ||
| REVERE | ?????? 23,067,165 | ??????????? 221,587 | ???????? |
???????? 6,254,836 | ||
| RICHMOND | ??????????? 386,119 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 116,839 | ||
| ROCHESTER | ???????? 1,113,730 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 423,340 | ||
| ROCKLAND | ?????? 10,015,816 | ???????????????????? -?? | ??????????? |
???????? 2,475,363 | ||
| ROCKPORT | ???????? 1,427,901 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 463,571 | ||
| ROWE | ????????????? 53,056 | ???????????????????? -?? | ???????????????????? -?? | ??????????????? 4,344 | ||
| ROWLEY | ???????????????????? -?? | ???????????????????? -?? | ??????????? |
??????????? 461,136 | ||
| ROYALSTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 146,055 | ||
| RUSSELL | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 226,302 | ||
| RUTLAND | ????????????? 11,119 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 777,460 | ||
| SALEM | ?????? 12,334,597 | ??????????? 146,204 | ???????? |
???????? 4,215,255 | ||
| SALISBURY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 632,081 | ||
| SANDISFIELD | ??????????????? 7,986 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 30,228 | ||
| SANDWICH | ???????? 5,016,623 | ???????????????????? -?? | ??????????? |
??????????? 957,403 | ||
| SAUGUS | ???????? 4,228,143 | ???????????????????? -?? | ???????? |
???????? 2,352,165 | ||
| SAVOY | ??????????? 364,611 | ???????????????????? -?? | ????????????? |
??????????? 100,575 | ||
| SCITUATE | ???????? 3,814,081 | ???????????????????? -?? | ???????? |
???????? 1,449,261 | ||
| SEEKONK | ???????? 3,664,719 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,244,667 | ||
| SHARON | ???????? 6,072,229 | ???????????????????? -?? | ????????????? |
???????? 1,407,947 | ||
| SHEFFIELD | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????? 223,611 | ||
| SHELBURNE | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 263,665 | ||
| SHERBORN | ??????????? 395,414 | ???????????????????? -?? | ????????????? |
??????????? 211,166 | ||
| SHIRLEY | ???????? 4,366,506 | ????????????? 19,673 | ??????????? |
???????? 1,168,490 | ||
| SHREWSBURY | ???????? 8,745,774 | ???????????????????? -?? | ??????????? |
???????? 2,482,932 | ||
| SHUTESBURY | ??????????? 573,004 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 149,760 | ||
| SOMERSET | ???????? 3,191,654 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,459,932 | ||
| SOMERVILLE | ?????? 24,302,486 | ??????????? 320,348 | ?????? |
?????? 12,579,548 | ||
| SOUTH HADLEY | ???????? 6,171,610 | ???????????????????? -?? | ????????????? |
???????? 2,576,104 | ||
| SOUTHAMPTON | ???????? 2,303,974 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 579,205 | ||
| SOUTHBOROUGH | ???????? 2,322,228 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 432,404 | ||
| SOUTHBRIDGE | ?????? 14,564,180 | ??????????? 114,329 | ???????????????????? -?? | ???????? 3,552,517 | ||
| SOUTHWICK | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,103,183 | ||
| SPENCER | ??????????? 219,706 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,105,128 | ||
| SPRINGFIELD | ???? 208,607,124 | ???????? 1,690,182 | ???????? |
?????? 34,087,198 | ||
| STERLING | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 700,512 | ||
| STOCKBRIDGE | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 109,953 | ||
| STONEHAM | ???????? 3,284,829 | ???????????????????? -?? | ???????? |
???????? 2,253,662 | ||
| STOUGHTON | ???????? 9,415,846 | ???????????????????? -?? | ??????????? |
???????? 3,410,309 | ||
| STOW | ???????????????????? -?? | ???????????????????? -?? | ??????????????? |
??????????? 432,823 | ||
| STURBRIDGE | ???????? 1,298,823 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 765,491 | ||
| SUDBURY | ???????? 3,005,942 | ???????????????????? -?? | ??????????? |
??????????? 915,572 | ||
| SUNDERLAND | ??????????? 787,076 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 474,109 | ||
| SUTTON | ???????? 4,473,180 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 778,717 | ||
| SWAMPSCOTT | ???????? 2,431,038 | ???????????????????? -?? | ??????????? |
???????? 1,049,552 | ||
| SWANSEA | ???????? 4,966,726 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,942,303 | ||
| TAUNTON | ?????? 35,731,575 | ??????????? 212,805 | ???????????????????? -?? | ???????? 8,938,499 | ||
| TEMPLETON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,237,826 | ||
| TEWKSBURY | ?????? 11,476,069 | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,989,060 | ||
| TISBURY | ??????????? 355,233 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 107,346 | ||
| TOLLAND | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????????? 5,848 | ||
| TOPSFIELD | ??????????? 728,900 | ???????????????????? -?? | ??????????? |
??????????? 434,808 | ||
| TOWNSEND | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,185,279 | ||
| TRURO | ??????????? 261,971 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 30,866 | ||
| TYNGSBOROUGH | ???????? 6,317,346 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 933,395 | ||
| TYRINGHAM | ????????????? 36,592 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 13,448 | ||
| UPTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 505,680 | ||
| UXBRIDGE | ???????? 8,231,670 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,457,887 | ||
| WAKEFIELD | ???????? 4,869,150 | ???????????????????? -?? | ???????? |
???????? 2,435,881 | ||
| WALES | ??????????? 741,058 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 226,175 | ||
| WALPOLE | ???????? 5,393,468 | ???????????????????? -?? | ???????? |
???????? 1,954,587 | ||
| WALTHAM | ???????? 7,158,929 | ??????????? 121,285 | ???????? |
???????? 5,604,744 | ||
| WARE | ???????? 6,995,285 | ????????????? 49,780 | ????????????? |
???????? 1,686,435 | ||
| WAREHAM | ?????? 11,597,828 | ??????????? 109,140 | ???????????????????? -?? | ???????? 2,146,747 | ||
| WARREN | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 722,120 | ||
| WARWICK | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
????????????? 82,721 | ||
| WASHINGTON | ????????????? 15,088 | ???????????????????? -?? | ????????????? |
????????????? 69,340 | ||
| WATERTOWN | ???????? 2,969,442 | ???????????????????? -?? | ???????? |
???????? 3,147,986 | ||
| WAYLAND | ???????? 2,863,219 | ???????????????????? -?? | ??????????? |
??????????? 719,666 | ||
| WEBSTER | ???????? 7,128,461 | ????????????? 65,860 | ????????????? |
???????? 2,446,836 | ||
| WELLESLEY | ???????? 3,687,434 | ???????????????????? -?? | ??????????? |
???????? 1,369,061 | ||
| WELLFLEET | ??????????? 145,578 | ???????????????????? -?? | ???????????????????? -?? | ????????????? 64,574 | ||
| WENDELL | ???????????????????? -?? | ???????????????????? -?? | ????????????? |
??????????? 128,872 | ||
| WENHAM | ???????????????????? -?? | ???????????????????? -?? | ??????????? |
??????????? 336,192 | ||
| WEST BOYLSTON | ???????? 2,723,155 | ???????????????????? -?? | ????????????? |
??????????? 700,233 | ||
| WEST BRIDGEWATER | ???????? 1,962,857 | ???????????????????? -?? | ????????????? |
??????????? 649,816 | ||
| WEST BROOKFIELD | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 461,290 | ||
| WEST NEWBURY | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 295,493 | ||
| WEST SPRINGFIELD | ?????? 13,179,351 | ??????????? 109,140 | ???????????????????? -?? | ???????? 3,354,930 | ||
| WEST STOCKBRIDGE | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 107,749 | ||
| WEST TISBURY | ???????????????????? -?? | ???????????????????? -?? | ??????????? |
????????????? 35,948 | ||
| WESTBOROUGH | ???????? 3,240,051 | ???????????????????? -?? | ??????????? |
???????? 1,011,538 | ||
| WESTFIELD | ?????? 27,531,720 | ??????????? 139,418 | ???????????????????? -?? | ???????? 5,982,647 | ||
| WESTFORD | ?????? 10,615,861 | ???????????????????? -?? | ???????? |
???????? 1,407,229 | ||
| WESTHAMPTON | ??????????? 348,019 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 139,763 | ||
| WESTMINSTER | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 633,132 | ||
| WESTON | ???????? 1,709,187 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 408,032 | ||
| WESTPORT | ???????? 3,601,648 | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,323,387 | ||
| WESTWOOD | ???????? 2,635,628 | ???????????????????? -?? | ????????????? |
??????????? 747,149 | ||
| WEYMOUTH | ?????? 19,551,520 | ???????????????????? -?? | ???????? |
???????? 7,557,154 | ||
| WHATELY | ??????????? 155,566 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 125,335 | ||
| WHITMAN | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 2,266,320 | ||
| WILBRAHAM | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,267,833 | ||
| WILLIAMSBURG | ??????????? 437,793 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 319,042 | ||
| WILLIAMSTOWN | ???????? 1,101,138 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 982,576 | ||
| WILMINGTON | ???????? 4,134,916 | ???????????????????? -?? | ???????? |
???????? 1,465,245 | ||
| WINCHENDON | ?????? 10,441,224 | ????????????? 37,862 | ????????????? |
???????? 1,608,398 | ||
| WINCHESTER | ???????? 3,692,026 | ???????????????????? -?? | ??????????? |
???????? 1,323,349 | ||
| WINDSOR | ????????????? 41,640 | ???????????????????? -?? | ????????????? |
????????????? 63,988 | ||
| WINTHROP | ???????? 4,932,699 | ???????????????????? -?? | ???????? |
???????? 2,645,493 | ||
| WOBURN | ???????? 5,628,191 | ???????????????????? -?? | ???????? |
???????? 3,305,356 | ||
| WORCESTER | ???? 153,103,294 | ???????? 1,313,040 | ?????? |
?????? 31,709,784 | ||
| WORTHINGTON | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ??????????? 111,688 | ||
| WRENTHAM | ???????? 3,201,122 | ???????????????????? -?? | ???????????????????? -?? | ??????????? 995,663 | ||
| YARMOUTH | ???????????????????? -?? | ???????????????????? -?? | ???????????????????? -?? | ???????? 1,265,057 | ||
| Total Aid to Regional Schools | ???? 525,366,351 | ??????????? 369,615 | ||||
| Total | ? 3,258,969,179 | ?????? 18,000,000 | ???? |
???? 778,091,951 | ||
SECTION 4. Section 28 of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "commissioners", in line 8, the following words:- at the discretion of the attorney general.
SECTION 5. Chapter 6A of the General Laws, as so appearing, is hereby amended by inserting after section 16 the following section:-
Section 16½ T he secretary of the executive office of health and human services shall convene interagency children's services teams to establish effective means of collaboration among and between human service agencies and other entities, including but not limited to school districts, for the provision of supports and services to children and to determine which agency or agencies within the jurisdiction of the secretary shall provide or contract for appropriate services to a child in cases when disputes arise among agencies over the delivery of services to a child or when such services are not being provided to a child. For purposes of this section, "agency" shall mean any department, office, commission, board, institution or other agency of the commonwealth within the executive office of health and human services. The teams shall be created on a local or regional basis in accordance with regulations to be developed by the secretary.
The secretary or his designee shall chair the local or regional interagency children's services teams and preside over meetings. Such interagency teams shall also include the commissioner or chief executive officer, or his designee, of the following agencies: the department of public health, the department of social services, the department of education, the department of transitional assistance, the department of mental retardation, the department of mental health, the commission on the deaf and hard of hearing, the Massachusetts rehabilitation commission, the commission for the blind or any other agency as deemed necessary by the secretary to ensure delivery of appropriate and needed services to a child.
The interagency teams shall review such cases on a local or regional basis; seek to identify the assessments and services that might be provided to a family; provide opportunities to receive testimony and evidence from the child, the child's family, the representative of the child or family or the representative or other employee of any agency; designate an agency or agencies to act as a lead agency and develop a plan for collaboration; if necessary, designate an agency or agencies to provide or contract for such services; and direct a designated agency or agencies to accept responsibility for the child and provide or contract for such services.
Students may be referred to the local interagency team by a school district, by any agency or department of the State, or by a parent, guardian, surrogate parent, other service provider of the child, educational advocate or legal advocate representing the child. Written consent of the parent or guardian shall be required prior to any sharing of information concerning a child and all federal and state laws and regulations regarding consent, confidentiality, and privilege shall apply. ? The child's parent(s), guardian, surrogate parent, educational advocate, or legal advocate shall be provided notice in their primary language of their rights pursuant to this section, including notice of any referral, the requirement for parental consent to the release of any information and records, and copies of all writings produced by the team; shall be part of the interagency team and shall be invited to interagency team meetings and participate actively in its work as it affects their child.
The interagency teams shall have full access to, and the agencies shall provide all information relevant to such cases provided that appropriate consent is provided by parents or students, as may be established by applicable statutes or regulations. All confidential information shall be returned to its originating source upon completion of the team's work and shall not be retained by the interagency team or any member thereof and no member of the interagency team shall disseminate any confidential information revealed to any other individual or entity.
The interagency teams shall keep written records concerning the work of the interagency team with respect to each child referred to it, including information as to the services or placement sought, alternatives considered, conclusions reached, any further recommendations and the membership of the team. The parents, local school district and all relevant agencies shall be promptly informed of the results of the interagency team's work. A student's parents, legal guardian, surrogate parent and educational advocate, and legal advocate shall have the right, upon request, to review or request copies of the written records maintained by the interagency team. Said written records maintained by the interagency team shall be kept by the secretary, shall be kept confidential and shall not be disseminated by any team member.
Nothing herein shall be construed to alter individual education plan development processes, service provision or placement processes applicable to school districts or to alter existing due process rights and procedures under state or federal law. ?? Further, the child and his or her parent(s), legal guardian, or educational surrogate will retain all applicable rights to consent or not to consent to any offered service that might be offered or recommended by the interagency team. ? Nothing herein shall be construed to require presentation of any issue to the interagency team before using any of the remedies under federal and state law including complaints to the department of education and hearings and mediations before the bureau of special education appeals.
If no collaborative plan is developed and no decision is agreed upon by a majority of the interagency team, the secretary shall designate and require an agency to provide appropriate and needed services to such child. If a designated agency fails to provide services to a child in a manner consistent with the decision of the team, the secretary shall review the matter. If the secretary finds that such decision of the interagency team is reasonable and within the jurisdiction of the designated agency, he shall direct such agency to provide services in accordance with the decision of the interagency team and shall take any other action consistent with state law to ensure that appropriate services are provided to the child.
The secretary shall issue regulations as to the operation of the interagency teams. These regulations shall mandate that the entire team process, including notification to all parties of the team's decision, shall be completed in no less than thirty working days. Said regulations shall set forth an appeal pursuant to chapter 30A to a hearing officer appointed by the secretary.
For purposes of this section, "child" shall mean a person under the age of eighteen, or under the age of twenty-two if such person is disabled or has special needs.
The secretary shall issue an annual report summarizing the activities of the teams during the preceding fiscal year.
SECTION 6. Section 18 of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "; the board of building regulations and standards".
SECTION 7. The second paragraph of section 40G of chapter 7 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences:- The commissioner shall ensure that all possible efforts are taken to minimize cost to the commonwealth for a lease or rental agreement including, but not limited to, considering real estate markets throughout the commonwealth. The commissioner shall monitor rental market rates throughout the commonwealth and shall initiate renegotiation of lease or rental agreements on behalf of the agencies prior to the expiration of a lease or rental agreement if such renegotiation could reasonably be expected to result in a cost savings to the commonwealth.
SECTION 8. Chapter 7A of the General Laws is hereby amended by adding the following section:-
Section 18. (a) The comptroller may exclude from his certificate pursuant to section 3 any amount otherwise due to any person owing an overdue debt to a city or town or to an agency of a city or town or to a state authority as defined in section 1 of chapter 29; provided however, that the responsible officer for a city, town or for an agency of a city or town or for a state authority shall have filed with the comptroller an affidavit specifying that a debt exists, the amount due and the name of the debtor. A debt may be charged by the comptroller against an amount otherwise due from the commonwealth to a debtor, subject to procedures promulgated by the comptroller. Such procedures shall include, but not be limited to, the following requirements:
(1) that the city or town, agency of the city or town or state authority issue 4 written notices to the debtor over a 120-day period before requesting exclusion of the overdue debt from the certificate;
(2) that the notices advise the debtor of his right to a hearing before the agency or authority and the debtor's liability for interest and late fees which may be assessed;
(3) that, unless otherwise provided by law, the city or town, agency of the city or town or state authority shall hold a hearing pursuant to chapter 30A upon the timely written application of the debtor;
(4) that any costs incurred by the comptroller pursuant to section 3 or to this section on behalf of the city or town, agency of the city or town or state authority may be added to the debt as a late fee pursuant to section 29H of chapter 29 and may be recovered from the city or town, agency of the city or town or state authority;
(5) that any costs incurred pursuant to this section by the city or town, agency of the city or town or state authority may be recovered from the debtor; and
(6) that, notwithstanding said section 29H of said chapter 29, the comptroller may establish late charge rates and flat fees as provided in said section 29H of said chapter 29 and retain and expend them, without appropriation, to defray the costs incurred pursuant to clause (4).
The procedures promulgated under this section may authorize the comptroller to waive requirements at the request of the city or town or the agency of the city or town or the state authority but all waivers shall be in writing and the reasons for the waiver shall be stated.
(b) A treasurer of a state authority and an appropriate financial officer as defined in section 2C of chapter 60 may avail themselves of this section's procedures.
(c) The comptroller shall report on an annual basis to the house and senate committees on ways and means the status of all intercept projects undertaken pursuant to this section. The comptroller shall report on these projects as part of his annual report pursuant to section 12 of chapter 7A of the General Laws.
SECTION 9. Section 35G of chapter 10 of the General Laws as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
All revenues credited under this section shall remain in the Motorcycle Safety Fund, subject to appropriation, to administer a motorcycle safety program, which shall include, but not be limited to, funding Motorcycle Safety Foundation approved rider education courses and instructor training, maintaining a policy manual that shall provide minimum requirements for instructors and businesses that offer approved rider education courses in the commonwealth, and public awareness efforts. The state treasurer shall not deposit such revenues in, or transfer such revenues to, the General Fund or any other fund other than the Motorcycle Safety Fund. The motorcycle safety program shall be administered by the registrar of motor vehicles.
SECTION 10. Said chapter 10 is hereby further amended by inserting after section 35W the following section:-
Section 35X. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Quality in Health Professions Trust Fund to be expended, without prior appropriation, by the department of public health. The fund shall consist of 50 per cent of the fee revenue collected in accordance with subsection (b) of this section or subsection (b) of section 35V by the various boards serving within the department under section 9 of chapter 13 excluding the board of registration in medicine. The fees shall be in addition to any existing fees collected for obtaining and renewing a license, certificate, registration, permit or authority as determined by the secretary of administration and finance under section 3B of chapter 7. The commissioner shall make necessary expenditures from this account for the shared administrative costs of the operations and programs of the department related to health board licensing. The commissioner shall further direct that funds from this account shall be expended to provide services in an amount reasonably related to the cost of each board's or unit's administrative and regulatory mandates with consideration to revenue generated from each board or unit. The department may incur expenses, and the comptroller may certify for payment, amounts in anticipation of expected receipts, but no expenditure shall be made from the fund that would cause the fund to be in deficit at the close of a fiscal year. Moneys deposited in the fund that are unexpended at the end of the fiscal year and that total not more than 20 per cent of the department's expenditures related to health board licensing for the previous fiscal year shall not revert to the General Fund. The commissioner shall report annually on March 1 to the house and senate committees on ways and means: (i) the revenue credited to the fund; (ii) the amount of fund expenditures that are attributable to the shared administrative costs of the department related to health board licensing and an explanation of why such administrative costs are necessary; (iii) an itemized list of the amount of funds expended by board or unit; and (iv) an analysis of the services provided based on fund expenditures by board or unit, including the manner in which the fund expenditures assist the department in meeting its regulatory mandates related to health board licensing.
(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, as directed by a majority vote of each board within the department of public health following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by the board by an amount not to exceed 50 per cent, rounded to the nearest dollar, of the fees in effect as of July 1, 1996 to be expended by the commissioner of public health pursuant subsection (a). A board of registration established subsequent to July 1, 1996 may vote to increase a fee based on the amount of the fee at the time of its original promulgation by the secretary of administration and finance. A board that has increased its fees pursuant to subsection (b) of section 35V shall not be required to increase fees pursuant to this subsection. The secretary shall promulgate regulations to effect the changes in fees not later than 45 days following a majority vote of each board.
SECTION 11. Section 62 of said chapter 10 is hereby repealed.
SECTION 12. Chapter 11 of the General Laws is hereby amended by adding the following 2 sections:-
Section 16. There shall be in the office of the state auditor a bureau of special investigations, headed by a director, who shall be appointed by the state auditor, and who shall be a person of ability and experience and shall devote his entire time to the duties of the office. Said auditor may appoint such other experts and officers as he deems necessary to carry out the work of the bureau. Employees of the bureau shall not be members of a collective bargaining unit. The director may expend, subject to appropriation, for legal, investigative, clerical and other assistance and expenses such sums as may be available therefor by the general court. Nothing in this section shall be construed as extending the audit authority of the auditor.
Section 17. The director shall initiate investigations and investigate complaints, including complaints initiated by recipients, which indicate the possibility of either a fraudulent claim for payment or services under any assistance program administered by the department of transitional assistance, the department of social services, the division of medical assistance or any other program administered by said departments or the receipt of payment or services by a person not entitled thereto. The director, in conformity with the rules and regulations of the auditor, shall:
(1) initiate investigations and review procedures in order to discover any fraudulent claim or wrongful receipt under any assistance program administered by the department of transitional assistance or any program administered by the department of social services;
(2) examine the records and accounts of the department of transitional assistance, department of social services, the division of medical assistance, the division of industrial accidents, the state retirement board, the department of employment and training and the department of veterans' services and, for such purposes, the director shall have access to such records and accounts at reasonable times and may require the production of books, documents and vouchers relating to any matter within the scope of the investigation;
(3) examine, upon written request to the commissioner of revenue, the tax wage reports, papers or other documents on file with said commissioner, including information which appears in child support enforcement files maintained by the IV-D agency as set forth in chapter 119A concerning dates and amounts of income received, employer, last known address and other information relevant to the investigation of fraud concerning any person where there is reason to believe that such person has committed fraud under any assistance program administered by the department of transitional assistance or the department of social services, and may require the production of such returns, papers and other documents. Nothing herein shall be construed to authorize the examination or disclosure, directly or indirectly, of any information, returns or their records received from the Internal Revenue Service;
(4) examine the records and accounts of any vendor claiming or receiving payment for services rendered under any program administered by the department of transitional assistance or the department of social services insofar as such records and accounts relate to any matter within the scope of such investigation;
(5) examine any information contained on the warrant management system established by section 23A of chapter 276 and receive information from the department of transitional assistance in accordance with clause (e) of the last paragraph of subsection (D) of section 2 of chapter 18;
(6) report to the attorney general, a district attorney, the department of state police, or any of their agents, each case referred to the bureau of special investigations by the department of transitional assistance pursuant to said clause (e), and arrange for a proper place and time for the arrest of an applicant or beneficiary and refer any dependents of the applicant or beneficiary to the department of social services for appropriate action pursuant to chapter 18B and section 23A of chapter 119. The bureau shall not report any information other than the information referred to in this clause or on the warrant management system;
(7) report to the attorney general or a district attorney, for such action as they may deem proper, any case in which, after investigation, he finds there is probable cause to believe that a fraudulent claim or payment has been made;
(8) report in writing to the governor and the general court the nature and extent of his activities for each month of the fiscal year, such report to be made not later than 30 days after the expiration of each month, which report shall be made available to the public;
(9) examine the records and accounts of any person domiciled or doing business in the commonwealth and any state, county or municipal department, agency, office, bureau, board, commission or division which employs or had employed an individual who is the subject matter of an investigation insofar as those records and accounts pertain to dates, hours and nature of employment or services rendered and the amounts of salary, wages, or other things of value paid and deductions therefrom, including information concerning the prior employment history of the individual who is the subject matter of the investigation;
(10) examine the records and accounts of any bank, as defined in section 1 of chapter 167, national bank, federal savings and loan association, benefit association, insurance company, safe deposit company or loan company authorized to do business in the commonwealth relative to individuals who are the subject matter of an investigation insofar as the records and accounts pertain to deposits, withdrawals, loans, insurance transactions, claims settlements and payments;
(11) examine the student records of any school or institution of higher education within the commonwealth relative to a student who is the subject matter of an investigation or the child, ward or dependent of the subject matter of an investigation insofar as those records pertain to enrollment, attendance, and family history but excluding academic, medical, and evaluative records; and
(12) a written request of the director, or of an authorized representative of the director, for examination of information, records or accounts as provided in clauses (4), (9), (10) and (11) shall be complied with within a reasonable period of time.
Nothing in this section shall be construed as extending the audit authority of the auditor.
SECTION 13. Chapter 13 of the General Laws is hereby amended by striking out section 9, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 9. (a) The following boards of registration shall serve in the department of public health: the board of registration in medicine; the board of registration in nursing; the board of registration in pharmacy; the board of registration of physician assistants; the board of registration of perfusionists; the board of registration of nursing home administrators, the board of registration in dentistry, and the board of registration of respiratory therapists.
(b) All other boards of registration and examination mentioned in this chapter shall serve in the division of professional licensure.
(c) Notwithstanding any general or special law to the contrary, all of the board members of the department of public health or the division of registration shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
SECTION 14. Section 10 of said chapter 13, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a board of registration in medicine, in this section and section 11 called the board, consisting of 9 persons appointed by the governor, who shall be residents of the commonwealth, 5 of whom shall be physicians registered under section 2 of chapter 112, or corresponding provisions of earlier laws, 1 who shall be a nurse registered under chapter 112, 1 who shall be a pharmacist registered under section 24 of chapter 112 and 2 of whom shall be representatives of the public, subject to section 9B. Each member of the board shall serve for a term of 3 years.
SECTION 15. Section 10A of said chapter 13, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "director of consumer affairs and business regulation shall have authority to" and inserting in place thereof the following words:- commissioner of public health may.
SECTION 16. Said section 10A of said chapter 13, as so appearing, is hereby further amended by striking out, in line 5, the word "director" and inserting in place thereof the following word:- commissioner.
SECTION 17. Section 11B of said chapter 13, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a board of respiratory care, hereinafter called the board, which shall consist of 7 members to be appointed by the governor and the appointments may be from among a list of nominations submitted by the Massachusetts Society for Respiratory Therapy or its successor. Members of the board shall be residents of the commonwealth and citizens of the United States. Two of such members shall be respiratory therapists licensed in accordance with section 23S of chapter 112 except that such members constituting the first board shall be persons eligible for licensing as practitioners of respiratory care; 2 of such members shall be physicians with pulmonary related specialties licensed in accordance with the provisions of section 2 of said chapter 112, 1 such member shall be a nurse with pulmonary related experience licensed in accordance with said chapter 112, and 2 of such members shall be consumers of respiratory care services selected from and representing the general public.
SECTION 18. Section 11C of said chapter 13, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "within the division of professional licensure in the office of consumer affairs and business regulation".
SECTION 19. Section 13 of said chapter 13 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The governor shall appoint 17 members to a board of registration in nursing, hereinafter called the board. When making such appointments the governor shall consider persons suggested by nursing organizations in the commonwealth. Members shall be residents of the commonwealth. The composition of the board shall be as follows: 9 registered nurses; 4 licensed practical nurses; 1 physician registered pursuant to chapter 112; 1 pharmacist registered under section 24 of chapter 112 and 2 consumers.
SECTION 20. Section 19 of said chapter 13, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a board of registration in dentistry in the following 2 sections called the board, consisting of 9 persons, each of whom shall be a legal resident of the commonwealth, to be appointed by the governor, 6 of whom shall be graduates of a reputable dental college and be reputable dentists who have maintained a license to practice dentistry in the commonwealth for the 8 years next preceding his appointment, 2 of whom shall be representatives of the public, subject to the provisions of section 9B, 1 of whom shall be a graduate of a reputable school of dental hygiene and a reputable dental hygienist who has maintained a license to practice dental hygiene in the commonwealth for the 5 years next preceding his appointment. No more than 1 member of the board who is a dentist may be a full time member of the faculty or a trustee of any institution engaged in educating dentists or having power to confer degrees in dentistry. The governor shall appoint annually in April, for a term of 5 years, a successor to those members of the board whose terms are expiring in that month. No member shall serve more than 2 full terms.
SECTION 21. Said chapter 13 is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-
Section 22. There shall be a board of registration in pharmacy, in the 3 following sections called the board, consisting of 11 persons, who shall be residents of the commonwealth. Five of these persons shall be registered pharmacists and shall have had at least 10 consecutive years of practical experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged in the drug business. At the time of appointment to the board, at least 1 of such 5 members shall be an independent pharmacist employed in the independent pharmacy setting and at least 1 of 5 members shall be a chain pharmacist employed in the chain pharmacy setting, but not more than 2 pharmacists in any 1 practice setting may serve on the board at any one time. For the purposes of this section 'independent pharmacist' shall mean a pharmacist actively engaged in the business of retail pharmacy and employed in an organization of 9 or fewer registered retail drugstores in the commonwealth under the provisions of section 39 of chapter 112 and employing not more than 20 full time pharmacists, and 'chain pharmacist' shall mean a pharmacist in the employ of a retail drug organization operating 10 or more retail drug stores within the commonwealth under the provisions of said section 39; but an independent pharmacist and a chain pharmacist shall represent two distinct practice settings. One person shall be a registered pharmacist and shall have had at least 10 years of experience in the compounding and dispensing of physicians' prescriptions, and shall actually be engaged as a pharmacist in a non-profit hospital in the commonwealth. One person shall be a registered pharmacist and shall have had at least 10 years of experience employed in a long-term care pharmacy setting. Two members shall be representatives of the public, subject to the provisions of section 9B. One member shall be a physician registered pursuant to chapter 112 and 1 member shall be a nurse registered pursuant to chapter 112. No more than 1 member shall reside in the same senatorial district. One member shall annually in November be appointed by the governor, for 5 years from December first following.
SECTION 22. Section 73 of said chapter 13, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There shall be a board of nursing home administrators, in this section and in sections 74 and 75 called the board, consisting of the commissioner of public health or his designee, the commissioner of public welfare or his designee, the secretary of elder affairs or his designee, and 11 members appointed by the governor. One member shall be an educator actively engaged in the field of health care administration, 1 shall be a medical doctor, 1 shall be a registered nurse, 1 shall be a hospital administrator actively engaged in long term health care administration, and 2 shall be representatives of the public, subject to section 9B. Five members shall be nursing home administrators who shall have been practicing for at least 5 years and who shall be eligible for licensure; and 1 of the 5 shall be the administrator of a nonproprietary nursing home. Not more than 5 members shall be administrators of nursing homes. Each appointive member of the board shall serve for a term of 3 years. Any vacancy shall be filled by the governor for the unexpired term. Members may be removed by the governor for cause after due notice and hearing.
SECTION 23. Section 1 of chapter 14 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
There shall be within the department of revenue, but not subject to its control or supervision, the office of tax policy analysis established by section 1 of chapter 58B.
SECTION 24. Sections 10 and 11 of said chapter 14 are hereby repealed.
SECTION 25. Section 9 of chapter 15A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 181, the words "subject to" and inserting in place thereof the following words:- without further.
SECTION 26. Said section 9 of said chapter 15A, as so appearing, is hereby further amended by striking out, in lines 190 and 191, the words "for the administration of the program without further appropriation" and inserting in place thereof the following words:- to provide the no interest loans and to provide for the administration of the programs without further appropriation; provided, however, that not more than $775,000 of the monies shall be expended annually for the administration of the program.
SECTION 27. Section 2 of chapter 21J of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words "fifty dollars" and inserting in place the following figure:- $85.
SECTION 28. Said section 2 of said chapter 21J, as so appearing, is hereby further amended by striking out, in line 19, the words "two hundred dollars" and inserting in place the following figure:- $250.
SECTION 29. Section 5 of chapter 21K of the General Laws, as so appearing, is hereby amended by striking out, in line 120, the words "general fund" and inserting in place thereof the following words:- Department of Fire Services Hazardous Materials Emergency Mitigation Response Recovery Trust Fund.
SECTION 30. Section 3 of chapter 22 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- There shall be in the department a board to be known as the board of building regulations, established under section 93 of chapter 143.
SECTION 31. Section 13A of said chapter 22, as so appearing, is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the following word:- department.
SECTION 32. Section 1 of chapter 24A of the General Laws, as so appearing, is hereby amended by striking out, in lines 25 to 28, inclusive, the words ", the board of registration in medicine and the approving authority established by section two of chapter one hundred and twelve, and the functions established by section two".
SECTION 33. Section 1 of chapter 29, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition for "Balanced budget" and inserting in place thereof the following definition:-
"Balanced budget", a condition of state finance in which the following requirements are met:
(i) the consolidated net surplus at the end of the fiscal year is greater than or equal to one-half of 1 per cent of state tax revenues for such fiscal year; and
(ii) the amount transferred to the stabilization fund pursuant to subsection (a) of section 5C is greater than or equal to one per cent of state tax revenue for such fiscal year.
SECTION 34. Said chapter 29 is hereby further amended by striking out section 2H, as amended by section 13A of chapter 177 of the acts of 2001, and inserting in place thereof the following section:-
Section 2H. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Stabilization Fund, consisting of amounts transferred to the fund in accordance with the provisions of section 5C and income derived from the investment of amounts so transferred. The purpose of the fund shall be to create and maintain a reserve to which any available portion of a consolidated net surplus in the operating funds shall be transferred and from which appropriations may be made for the following purposes: (1) to make up any difference between actual state revenues and allowable state revenues in any fiscal year in which actual revenues fall below the allowable amount and (2) to replace the state and local loss of federal funds or (3) for any event which threatens the health, safety or welfare of the people or the fiscal stability of the commonwealth or any of its political subdivisions. Such event or events, as determined by the general court, shall include, but not be limited to, a substantial decline in economic indicators which result in severe reductions in state revenues or state financial assistance to local governmental units, or court ordered or otherwise mandated assumptions by the commonwealth of programs or costs of programs previously borne by local governmental units. The determination by the general court to transfer and appropriate for any such purpose shall be made, after a hearing before the joint committee on ways and means and a comprehensive analysis of alternative legislative action and revenue sources, upon a finding that the transfer and appropriation will not adversely affect the overall fiscal health of the commonwealth, taking into account indicators of future economic performance and conditions affecting state revenues.
In the event that the amount remaining in the fund at the close of a fiscal year exceeds 15 per cent of the budgeted revenues and other financial resources pertaining to the budgeted funds, as confirmed by the comptroller in the audited statutory basis financial report for the immediately preceding fiscal year, the amounts so in excess shall be transferred to the Tax Reduction Fund established by section 2I.
SECTION 35. Chapter 29 of the General Laws is hereby amended by striking out section 2U, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 2U. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Ponkapoag Recreational Fund. There shall be credited to the fund revenues generated from fees or any other revenue source at the Ponkapoag golf course in the Blue Hills Reservation in the town of Canton. Revenues credited to the fund shall be used, subject to appropriation, for capital improvements, equipment and maintenance of the golf course, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.
SECTION 36. Section 2Z of said chapter 29, as amended by section 14 of chapter 177 of the acts of 2001, is hereby further amended by inserting after the word "Metrowest Water Supply Tunnel" the following words:- and the Chicopee Valley Aqueduct Redundancy Project.
SECTION 37. Said chapter 29 is hereby further amended by striking out section 2II, as so appearing, and inserting in place thereof the following section:-
Section 2II. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Leo J. Martin Recreational Fund. There shall be credited to the fund revenues generated from fees or any other revenue source at the Leo J. Martin golf course in the town of Weston and the city of Newton. Revenues credited to the fund shall be used, subject to appropriation, for capital improvements, equipment and maintenance of the golf course, including the costs of personnel, but no expenditure shall be made from the fund that shall cause the fund to be in deficit at the close of a fiscal year.
SECTION 38. Section 2BBB of said chapter 29, inserted by section 13 of chapter 177 of the acts of 2001, is hereby amended by adding the following sentence:- Said fund shall also be credited all revenues or other financing sources directed to it in accordance with section 5B.
SECTION 39. Said chapter 29 is hereby further amended by inserting after section 2CCC the following section:-
Section 2DDD. There shall be established and set up on the books of the commonwealth, a separate fund to be known as the Department of Fire Services Hazardous Materials Emergency Mitigation Response Recovery Trust Fund, consisting of any monies appropriated to the fund by the general court, any monies recovered pursuant to chapter 21K of the General Laws, any monies received from fines and any income derived from the investment of monies transferred, appropriated or recovered by the fund, not to exceed $250,000 in any fiscal year. Amounts credited to the fund shall be available for expenditure, without prior appropriation, by the state fire marshal, as head of the department of fire services, who shall act as trustee, solely for the mitigation of hazardous materials emergency response incidents throughout the commonwealth and the reimbursement of all other reasonable related costs to hazardous materials mitigation emergency response member departments, cities, and towns responding to said incidents or for other reasonable expenditures necessary to implement the provisions of said chapter 21K. The department of fire services may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts. Monies deposited in the trust fund that are unexpended at the end of the fiscal year, provided that said monies do not exceed $250,000, shall not revert to the General Fund, any funds in excess of $250,000 shall revert to the General Fund and be made available for appropriation. No expenditures from said fund shall be authorized that would cause said fund to be deficient at the end of any fiscal year. ?
SECTION 40. Said chapter 29 is hereby further amended by inserting after section 2DDD the following section:-
Section 2EEE. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Health Care Quality Improvement Trust Fund. There shall be credited to the fund: (a) amounts transferred pursuant to section 25 of chapter 118G; (b) amounts transferred pursuant to section 26 of said chapter 118G; (c) any appropriation, grant, gift or other contribution explicitly made to the fund; and (d) any income derived from investment of amounts credited to the fund. Amounts credited to the fund shall be expended pursuant to said sections 25 and 26 and any other special law. In conjunction with the preparation of the commonwealth's annual financial report, the comptroller shall prepare and issue an annual report detailing the revenues and expenditures of the fund.
SECTION 41. Said chapter 29 is hereby further amended by inserting after section 2EEE the following section:-
Section 2FFF. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Deficiency Escrow Fund. There shall be credited to said fund: (a) any amounts transferred pursuant to legislative action; (b) any appropriation, grant, gift or other contribution explicity made to such fund; and any income derived from investments of amounts credited to said fund. Amounts credited to said fund shall be expended subject to appropriation.
SECTION 42. Section 5B of said chapter 29, as appearing in the 2000 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
On or before January 15, the commissioner shall meet with the house and senate committees on ways and means and shall jointly develop a consensus tax revenue forecast for the budget for the ensuing fiscal year which shall be agreed to by the commissioner and said committees. In developing such a consensus tax revenue forecast, the commissioner and said committees, or subcommittees of said committees, are hereby authorized to hold joint hearings on the economy of the commonwealth and its impact on tax revenue forecasts; provided, however, that in the first year of the term of office of a governor who has not served in the preceding year, said parties shall agree to the consensus tax revenue forecast not later than January 31. Said consensus tax estimate shall include an estimate of taxes collected pursuant to chapter 62 for capital gain income, as defined therein. The department of revenue shall report on a monthly basis to the house and senate committees on ways and means and the joint committee on taxation the amount of revenues estimated to be collected in that month from capital gains income. Said consensus tax revenue forecast shall be included in a joint resolution and placed before the members of the general court for their consideration. Such joint resolution, if passed by both branches of the general court, shall establish the maximum amount of tax revenue which may be considered for the general appropriation act for the ensuing fiscal year.
SECTION 43. Section 5C of said chapter 29, as amended by section 13 of chapter 177 of the acts of 2001, is hereby further amended by striking out clause (a) and inserting in place thereof the following clause:-
(a) an amount equal to one-half of one per cent of the total revenue from taxes in the preceding fiscal year shall be available to be used as revenue for the current fiscal year and one per cent of the total revenue from taxes in the preceding fiscal year shall be transferred to the Stabilization Fund.
SECTION 44. Section 1 of chapter 29D of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "action", in line 12, the following words:- and funds generated from the assessment established pursuant to section 25 and 26 of chapter 118G, including all federal financial participation resulting from MassHealth expenditures funded by said assessment and interest thereon.
SECTION 45. Subsection (a) of section 3 of said chapter 29D, as amended by section 16A of chapter 177 of the acts of 2001, is hereby amended by striking out, in line 10, the word "and",- and by inserting after the word "fund", in line 12, the following:- ; (v) any monies collected pursuant to sections 25 and 26 of chapter 118G; and (vi) any federal reimbursements received pursuant to Title XIX of the Social Security Act and 42 U.S.C. Section 1396b(w), or any successor statutes resulting from MassHealth service expenditures funded by the assessment established pursuant to said sections 25 and 26 of said chapter 118G.
SECTION 45A. Said section 3 of said chapter 29D, as most recently amended by section 16C of said chapter 177, is hereby further amended by adding the following subsection:-
(j) The comptroller shall transfer, on the first business day of each quarter, the amount determined to be necessary pursuant to sections 25 and 26 of said chapter 118G and any other special law to the Health Care Quality Improvement Trust Fund established by section 2EEE of chapter 29.
SECTION 46. Paragraph (a) of subdivision (2) of section 10 of chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentence:- The retirement board shall require the employer of any employee applying for a termination retirement allowance to certify in writing, under the pains and penalties of perjury, that one of the following circumstances applies: (1) that the employee has failed of nomination or re-election, (2) that the employee has failed of reappointment, (3) that the employee's office or position has been abolished, or (4) that the employee has been removed or discharged from his position without moral turpitude on his part.
SECTION 47. Paragraph (d) of subdivision (1) of section 21 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The public employee retirement administration commission may review all accidential and ordinary disability pensions, and termination retirement allowances under section 10, granted by the retirement boards.
SECTION 48. Section 108L of chapter 41 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any other provision of this section to the contrary, the board of higher education shall establish quality guidelines, including, but not limited to, standards and review processes, for programs pursued for police career incentive pay increases under this section. Any such degree shall have been earned through a program approved by the board of higher education as meeting or exceeding academic standards established by the above-mentioned guidelines. Under no circumstances, shall said board certify any program which grants credits for the following: life experience; courses taught by instructors lacking appropriate educational degrees as determined by said board; and courses lacking appropriate concentration on academic and scholarly research. For the purposes of fulfilling the duties and obligations set forth in this section, the board of higher education shall have the authority to conduct periodic reviews of criminal justice or law degree programs offered by independent regionally accredited colleges and universities. The board of higher education shall only certify career incentive pay increases earned through the completion of programs that meet the board's guidelines, but police officers enrolled, prior to the implementation of the quality guidelines, in degree granting programs in order to receive career incentive base salary adjustments shall, upon attainment of said degree, be eligible for certification by the board of higher education to receive career incentive base salary increases pursuant to the provisions of this section in effect prior to the quality guidelines established pursuant to this paragraph. Police officers receiving career incentive base salary adjustments prior to the implementation of the quality guidelines shall continue to receive such base salary adjustments, as certified by said board, pursuant to the provisions of this section in effect prior to the quality guidelines established pursuant to this paragraph.
SECTION 49. Section 72 of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- Notwithstanding the provision of any general or special law to the contrary, any funds received by a city, town or regional school district pursuant to the provision of this paragraph shall be considered unrestricted revenue of the city, town or regional school district; provided, however, that a city or town shall deposit in a separate account for expenditures by the school committee no less than 50 per cent of any such amount; provided, further, that no school committee shall receive a smaller percentage of such amount than it received during fiscal year 2002; provided, further, that a school committee may make expenditures from said separate account for any lawful educational purpose without further appropriation; provided further, that any expenditure from said account on items qualifying as net school spending shall supplement, and substitute for, the net school spending requirement of the district; and provided, further, that the receipt of such funds shall not affect the calculation of the minimum required local contribution and state school aid as defined in section 2 of chapter 70.
SECTION 50. The General Laws are hereby further amended by inserting after chapter 58A the following chapter:-
CHAPTER 58B.
Office of Tax Policy Analysis.
Section 1. There shall be within the department of revenue, but not subject to the control or supervision of said department, an office of tax policy analysis, in this chapter referred to as the office. Said office shall be a separate administrative unit within said department, operating independent of and apart from any division or unit therein, including, but not limited to, the operational state and local tax or finance units. The office shall be headed by a deputy commissioner appointed by a majority vote of the treasurer and receiver general, the state auditor and the governor. The person so chosen shall be selected without regard to political affiliation and solely on the basis of integrity and demonstrated ability and an advanced degree in accounting, financial management, business administration, economics, or statistics. Said deputy shall serve for a term of five years and may be removed for cause.
Section 2. The purposes of said office shall include, but not be limited to, analysis of the tax laws and regulations of the commonwealth, and when applicable, the tax laws and regulations of the federal government, the analysis and projection of the tax revenues of the commonwealth, cooperating with and assisting the commissioner of revenue with the estimates of revenues required pursuant to section 5B of chapter 29 including the estimation of income taxes generated from capital gains income, so-called, and cooperating with and assisting the governor in generating revenue estimates for the governor's annual budget proposal pursuant to section 7H of chapter 29. The department of revenue shall provide the office with such information technology resources as may be necessary for the office to implement the provisions of this chapter. Said department shall provide said office with access to all information, including, but not limited to, electronic files, databases and statistical files within its possession that are necessary for said office to perform its functions pursuant to this chapter, provided that said access is consistent with the provisions of section 21 of chapter 62C.
Section 3. The office shall respond to all written requests from the general court and the governor for information, projections and analysis of the tax laws and regulations currently in effect in the commonwealth, or proposed changes in said laws and regulations, and for information or analysis of the collection of the tax revenues of the commonwealth, or proposed changes in the collection of tax revenues. Written requests shall not include inquiries generated by electronic mail programs, so-called. Response to any such request by said office shall be made within three weeks of receipt of said request; provided, however, that said office may request more time to complete a response by submitting a written request for an extension of time in order to complete a response, but in no case shall such extension be for more than an additional 3 weeks.
Section 4. The office shall operate and maintain strict confidentiality regarding all information within its possession in accordance with all laws regarding confidentiality or disclosure of information that apply to the department of revenue including, but not limited to, chapters 62C and 66A. All fines, fees and penalties for breach of said laws that apply to the department of revenue including, but not limited to, subsection (c) of section 21 of chapter 62C, shall also apply to said office.
SECTION 51. Clause Forty-first C of section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- A city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, may adjust the following factors contained in these provisions by: 1) reducing the requisite age of eligibility to any person age 65 years or older; 2) increasing either or both of the amounts contained in the first sentence of this clause, by not more than 100 per cent; 3) increasing the amounts contained in subclause (B) of said first sentence whenever they appear in said subclause from $13,000 to not more than $20,000 and from $15,000 dollars to not more than $30,000; 4) increasing the amounts contained in subclause (C) of said first sentence whenever they appear in said subclause from $28,000 dollars to not more than $40,000 and from $30,000 to not more than $55,000; and 5) by further excluding from the determination of whole estate up to 3 dwelling units.
SECTION 52. Section 5K of said chapter 59, as so appearing, is hereby amended, by striking out, in line 13, the figure "$500" and inserting in place thereof the following figure:- $750.
SECTION 53. Paragraph (g) of section 21C of said chapter 59, as so appearing, is hereby amended by adding the following 3 paragraphs:-
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds 10 per cent of the taxpayers total income, provided, however, that the taxpayer's total income together with the total income of taxpayer's spouse shall not exceed $60,000. For the purposes of this paragraph "residence" and "taxpayer's total income" shall have the same meaning as used in subsection (k) of section 6 of chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1 of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 54. Paragraph (h) of said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following 3 paragraphs:-
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds 10 per cent of the taxpayer's total income provided however, that the taxpayer's total income together with the total income of the taxpayer's spouse shall not exceed $60,000. For the purposes of this paragraph "residence" and "taxpayer's total income" shall have the same meaning as used in subsection (k) of section 6 of chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1 of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 55. Paragraph (i>) of said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following 3 paragraphs:-
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds 10 per cent of the taxpayer's total income, provided however, that the taxpayer's total income together with the total income of the taxpayer's spouse shall not exceed $60,000. For the purposes of this paragraph "residence" and "taxpayers total income" shall have the same meaning as used in subsection (k) of section 6 of chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1 of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 56. Paragraph (j) of said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following 3 paragraphs:-
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds 10 per cent of the taxpayers total income, provided however, that the taxpayer's total income together with the total income of taxpayer's spouse shall not exceed $60,000. For the purposes of this paragraph "residence" and "taxpayer's total income" shall have the same meaning as used in subsection (k) of section 6 of chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1 of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 57. Paragraph (k) of said section 21C of said chapter 59, as so appearing, is hereby amended by adding the following 3 paragraphs:-
The local appropriating authority may vote to adopt the following exemption to the question:
For residential property whose owner is 65 years of age or older and who occupies said property as his principal residence and whose real estate tax payment exceeds 10 per cent of the taxpayers total income, provided however, that the taxpayer's total income together with the total income of taxpayer's spouse shall not exceed $60,000. For the purposes of this paragraph "residence" and "taxpayer's total income" shall have the same meaning as used in subsection (k) of section 6 of chapter 62.
Any person qualifying for the exemption shall apply for the same on or before July 1 of the fiscal year in question on a form provided by the assessors. In determining eligibility for an exemption the assessors shall review the income tax forms for the preceding year.
SECTION 58. The second paragraph of section 2A of chapter 60A of the General Laws, as so appearing, is hereby amended by adding the following 4 sentences:- If the local tax collector, the commissioner of revenue or their designee, has notified the registrar of the exact amount owed, the registrar may renew the registration or license upon receipt by him of full payment of the amount of unpaid excise tax as listed in the notification of nonpayment and upon payment of the charge or charges due the registrar as authorized in this paragraph. The registrar shall provide a receipt of such payment to the registered owner and shall electronically notify the municipality for whom the excise was collected of the receipt of payment. The registrar shall electronically transmit the portion owing to the municipality within 12 working days. In the event that the registered owner has paid the excise tax or registrar's charges to the registrar by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar shall have the remedies available to him pursuant to paragraph (32) of section 33 of chapter 90 as if such excise tax and registrar's charges were unpaid fees.
SECTION 59. Paragraph (2) of subsection (a) of section 2 of chapter 62, as so appearing, is hereby amended by adding the following 5 subparagraphs:-
(L) Amounts, whether in a single sum or otherwise, paid by an employer by reason of the death of an employee who is a specified terrorist victim, as defined in section 25 of this chapter; provided, however, subject to such rules as the commissioner may prescribe from time to time, that this section shall not apply to (i) amounts which would have been payable after death if the individual had died other than as said specified terrorist victim; and (ii) incidental death benefits paid from a plan described in the provisions of section 401(a) of the Internal Revenue Code and exempt from tax under the provisions of section 501(a) of the Internal Revenue Code. For purposes of this section, the term "employee" shall include a self-employed individual as defined under section 401 (c)(1) of the Internal Revenue Code.
(M) Any amount which, but for this section, would be included in gross income by reason of the discharge, in whole or in part, of indebtedness of any taxpayer if the discharge is by reason of the death of an individual incurred as the result of the terrorist attacks against the United States on September 11, 2001, or as the result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002.
(N) Any amount received by an individual as a qualified disaster relief payment.
(i) For purposes of this section, the term "qualified disaster relief payment" means an amount paid to or for the benefit of an individual (a) to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster, (b) to reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation, of a personal residence or repair or replacement of its contents to the extent that the need for such repair, rehabilitation, or replacement is attributable to a qualified disaster, (c) by a person engaged in the furnishing or sale of transportation as a common carrier by reason of the death or personal physical injuries incurred as a result of a qualified disaster, or (d) if such amount is paid by the United States or a state or local government, or agency or instrumentality thereof, in connection with a qualified disaster in order to promote the general welfare, but only to the extent any expense compensated by such payment is not otherwise compensated for by insurance or otherwise.
(ii) For purposes of this section, the term "qualified disaster" means (a) a disaster which results from a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code as in effect for the current taxable year, (b) a Presidentially declared disaster as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, (c) a disaster which results from an accident involving a common carrier, or from any other event, which is determined by the commissioner to be of a catastrophic nature, or (d) with respect to amounts described in subclause (d) of clause (i) of this subparagraph, a disaster which is determined by the applicable United States or state authority to warrant assistance from the United States or a state or agency or instrumentality thereof.
(iii) This section shall not apply with respect to any individual identified by the attorney general of the United States to have been a participant or conspirator in a terroristic action as specified in section 25 of this chapter or a representative of such individual.
(O) Any amount received as payment under section 406 of the Air Transportation Safety and System Stabilization Act, so-called.
(P) Amounts received by an individual as disability income attributable to injuries incurred as a direct result of a terroristic or military action as defined in section 692(c)(2) of the Internal Revenue Code in effect for the current taxable year.
SECTION 60. Said chapter 62 is hereby amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-
Section 25. (a) Every individual who while an inhabitant of the commonwealth, and every executor, administrator, trustee or other fiduciary who while such an inhabitant or while acting under an appointment derived from a court in the commonwealth has received any income taxable under this chapter, and the estate of every deceased inhabitant of the commonwealth, shall be subject to the taxes imposed by this chapter.
(b) Any individual (i) who dies while in active service as a member of the Armed Forces of the United States and serving in a combat zone or while a military or civilian employee of the United States as a result of terroristic or military action; and (ii) who otherwise qualifies under the provisions of section 692 of the Internal Revenue Code, shall not be subject to taxation under this chapter to the same extent as that individual is exempt from federal income taxation under said section.
(c)(1) In the case of a specified terrorist victim, any tax imposed by this chapter shall not apply with respect to the taxable year in which falls the date of death, and with respect to any prior taxable year in the period beginning with the last taxable year ending before the taxable year in which the wounds, injury, or illness referred to in paragraph (3) were incurred.
(2) If, but for this paragraph, the amount of tax not imposed by paragraph (1) with respect to a specified terrorist victim is less than $3,000, then such victim shall be treated as having made a payment against the tax imposed by this chapter for such victim's last taxable year in an amount equal to the excess of $3,000 over the amount of tax not so imposed.
(3) Subject to such rules as the commissioner may prescribe, paragraph (1) shall not apply to the amount of any tax imposed by this chapter which would be computed by only taking into account the items of income, gain, or other amounts attributable to (i) deferred compensation which would have been payable after death if the individual had died other than as a specified terrorist victim, or (ii) amounts payable in the taxable year which would not have been payable in such taxable year but for an action taken after September 11, 2001.
(4) For purposes of this subsection, the term "specified terrorist victim" means any decedent (i) who dies as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on April 19, 1995, or September 11, 2001, or (ii) who dies as a result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001 and before January 1, 2002. Such term shall not include any individual identified by the attorney general of the United States to have been a participant or conspirator in any such attack or representative of such an individual.
SECTION 61. Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Code" the following definition:-
"Office", the office of tax policy analysis.
SECTION 62. Section 21 of said chapter 62C, as so appearing, is hereby amended by inserting after the word "commissioner", in line 1, the following words:- or the office.
SECTION 63. Subsection (b) of said section 21 of said chapter 62C, as so appearing, is hereby amended by inserting after clause (10) the following clause:-
(101/2) the disclosure to the office, established pursuant to chapter 58B, of all information necessary for the office to perform or formulate projections of tax revenues, analytical and statistical analysis of the various tax laws and regulations of the commonwealth currently in effect, or proposed changes in said laws and regulations.
SECTION 64. Section 49A of chapter 62C of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-
(d) Any person who owns or leases a motor vehicle or trailer that is required to be registered in the commonwealth under chapter 90 and improperly registers the motor vehicle or trailer in another state or misrepresents the place of garaging of the motor vehicle or trailer in another city or town, shall be considered in violation of laws of the commonwealth relating to taxes under chapter 60A, chapter 64H or chapter 64I. The right, license or contract provided for in subsections (a) and (b) shall not be issued or renewed until the person or business entity has paid all taxes due at the time of application for such right, license or contract.
(e) Any person who, for the purpose of evading payment of a tax pursuant to chapters 59 to 64J, inclusive, willfully makes and subscribes any return, form, statement or other document pursuant to subsection (a), (b) or (d) that contains or is verified by a written declaration that is made under the penalties of perjury, and that contains information that he does not believe to be true and correct as to every matter material to his compliance with all laws of the commonwealth relating to taxes, shall be subject to section 73.
SECTION 65. Said chapter 62C is hereby further amended by adding the following section:-
Section 87. In the case of a taxpayer determined by the commissioner to be affected by a Presidentially declared disaster, as defined in section 1033(h)(3) of the Internal Revenue Code as in effect for the current taxable year, or a terroristic or military action, as defined in section 692(c)(2) of said Internal Revenue Code, the commissioner may specify a period of up to 1 year that may be disregarded in determining, under this chapter, in respect of any tax liability of such taxpayer (1) whether any of the acts described in paragraph (1) of subsection (a) of section 81 were performed within the time prescribed therefor, determined without regard to extension under any other provision of this chapter for periods after the date determined by the commissioner of such disaster or action, (2) the amount of any interest, penalty, additional amount, or addition to the tax for periods after such date, and (3) the amount of any credit or refund.
In the case of a pension or other employee benefit plan, or any sponsor, administrator, participant, beneficiary, or other person with respect to such plan, affected by a disaster or action described in subsection (a), the commissioner may specify a period of up to 1 year which may be disregarded in determining the date by which any action is required or permitted to be completed under this chapter. No plan shall be treated as failing to be operated in accordance with the terms of the plan solely as the result of disregarding any period by reason of the preceding sentence.
SECTION 66. Section 1 of chapter 62D of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 7 to 9, inclusive, the words "or the division of health care finance and policy in the exercise of its duty to administer the uncompensated care pool pursuant to chapter 118G" and inserting in place thereof the following words:- the division of health care finance and policy in the exercise of its duty to administer the uncompensated care pool pursuant to chapter 118G or the office of the state comptroller.
SECTION 67. Said section 1 of said chapter 62D, as so appearing, is hereby further amended by inserting after the figure "29", in line 24, the following words:- , any overdue debt certified by the comptroller as due or owing to a city or town of the commonwealth or any agency of the city or town or any state authority as defined in said section 1 of said chapter 29.
SECTION 68. Section 13 of said chapter 62D, as so appearing, is hereby amended by striking out, in line 10, the word "and",- and by inserting after the figure "118G", in line 13, the following words:- ; and (ix) any overdue debt certified by the comptroller as due and owing to a city or town or to an agency of a city or town or to a state authority as defined in section 1 of chapter 29.
SECTION 69. Section 2 of chapter 62F of the General Laws is hereby amended by inserting the following definitions:-
"Cumulative net state tax revenues," the sum of the net state tax revenues collected in each quarter of the fiscal year, year-to-date.
"Cumulative permissible tax revenues," the sum of the permissible tax revenues for each quarter of the fiscal year, year-to-date.
"Permissible revenue growth rate", growth rate of two percent over the rate of inflation. For this purpose, the rate of inflation shall be the percent increase in the implicit price deflator for state and local government purchases during the most recent twelve-month period for which data is available but shall not be less than 0 per cent.
"Permissible tax revenue," for any quarter or year, an amount equal to the cumulative net state tax revenues of the same period in the immediately preceding fiscal year, multiplied by the sum of one plus the permissible revenue growth rate.
SECTION 70. Section 5 of chapter 62F is hereby amended by adding the following subsection:-
(d) The commissioner shall calculate the permissible tax revenue, as defined in this chapter, on a quarterly basis, in accordance with the manner and fiscal year schedule with which the commissioner calculates tax revenues.
The commissioner shall calculate the year-to-date difference, if any, between cumulative net state tax revenues and cumulative permissible tax revenues. The commissioner shall report said amounts on a quarterly basis to the state comptroller, who shall, pursuant to the provisions of section 6A, adjust the balance in the temporary holding fund by the comptroller.
SECTION 71. Said chapter 62F is hereby further amended by inserting after section 6 the following section:-
Section 6A. For any quarter of a fiscal year in which cumulative net state tax revenues exceed cumulative permissible tax revenues as defined in this chapter, the comptroller shall transfer such amounts as necessary from the General Fund to the temporary holding fund established by the comptroller to ensure that for the end of each quarter of the fiscal year, the balance of the temporary holding fund shall reflect the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues. If the balance in the temporary holding fund exceeds the year-to-date difference between cumulative net state tax revenues and cumulative permissible state tax revenues, the comptroller shall transfer the amount of the difference to the General Fund. The secretary of administration and finance may promulgate rules, regulations and guidelines to effectuate the purposes of this section.
For any fiscal year when expenditure from the Commonwealth Stabilization Fund is required to pay expenses of the commonwealth, the comptroller shall reimburse the Commonwealth Stabilization Fund from the temporary holding fund the amount of all such appropriations from the Commonwealth Stabilization Fund, provided that said reimbursement shall not exceed the balance in the temporary holding fund. After the determination and disposition of consolidated net surplus pursuant to section 5C of chapter 29 and reimbursement of the Commonwealth Stabilization Fund pursuant to this section, any balance in the temporary holding fund after the comptroller makes any transfer to or from the General Fund required for the fourth quarter of a fiscal year shall be transferred in the following proportions: 10 per cent to the Tax Reduction Fund established in section 2I of chapter 29; 35 per cent to the One-Time Capital Projects Improvement Fund established pursuant to section 2BBB of said chapter 29; 40 per cent to the Stabilization Fund established pursuant to section 2H of said chapter 29; and 15 per cent to the Open Space Acquisition Fund established in section 2CCC of said chapter 29. In the event that the amount of said transfer to the Commonwealth Stabilization Fund would cause the ending balance in the Stabilization Fund to exceed the limits defined in section 2H of said chapter 29, the amounts so in excess shall be transferred to the Tax Reduction Fund, established pursuant to section 2I of said chapter 29.
SECTION 72. Chapter 64H of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2B. Any city or town which accepts the provisions of this section may impose a local excise tax, as provided in this chapter, upon the sale of meals, as defined in this chapter, of 1 per cent of the total price of the meal. The local excise tax imposed under this section shall be paid by the vendor to the commissioner at the same time and in the same manner as the excise tax due the commonwealth. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted the provisions of this section in proportion to the amount of such sums received from the sale of meals in each such city or town. This section shall only take effect in a city or town accepting the provisions of this section by a majority vote of the city council with the approval of the mayor, in the case of a city with a Plan A, Plan B, or Plan F charter, by a majority vote of the city council, in the case of a city with a Plan C, Plan D, or Plan E charter, by a majority vote of the annual town meeting or a special meeting called for that purpose, in the called-for purpose, in the case of a municipality with a town meeting form of government; or by a majority of the town council, in the case of a municipality with a town form of government. The provisions of this section shall take effect on the first day of the first calendar month following days after such acceptance; provided further that if such day is at least 15 days after such acceptance; and provided further, that if such day is less than 15 days such acceptance it shall take effect on the first day of the second calendar month following such acceptance. The city or town, in accepting this section, may not revoke or reimpose the local excise tax provided for in this section more often than once in any 12 month period.
SECTION 73. Subsection (c) of section 3 of said chapter 64H, as appearing in the 2000 Official Edition, is hereby amended by inserting after the third sentence the following sentence:- On any form prescribed by the commissioner under this section, the purchaser shall be required to identify the place of his principal residence under the pains and penalties of perjury.
SECTION 74. The General Laws are hereby amended by inserting after chapter 64K the following chapter:-
CHAPTER 64L.
SIMPLIFIED SALES AND USE TAX ADMINISTRATION.
Section 1. This chapter shall be known as the "Simplified Sales and Use Tax Administration Act".
Section 2. As used in this chapter, the following words shall have the following meanings:-
"Agreement", the Streamlined Sales and Use Tax Agreement.
"Certified automated system", software certified jointly by the states that are signatories to the Agreement to calculate the tax impose by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.
"Certified service provider", an agent certified jointly by the states that are signatories to the Agreement to perform all of the seller's sales tax functions.
"Person", an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.
"Sales tax", the tax levied under chapter 64H.
"Seller", any person making sales, leases, or rentals of personal property or services.
"State", any state of the United States and the District of Columbia.
"Use tax", the tax levied under chapter 64I.
Section 3. The commonwealth finds that a simplified sales and use tax system will reduce and over time eliminate the burden and cost for vendors to collect this state's sales and use tax. The commonwealth further finds that this state should participate in multi-state discussions to review or amend the terms of the agreement to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and all types of commerce.
Section 4. For the purpose of reviewing or amending the agreement embodying the simplification requirements as contained in section 7, the commonwealth shall enter into multi-state discussions. For purposes of such discussions, the commonwealth shall be represented by no more than 4 delegates, 2 of which shall be appointed by the governor, 1 of whom shall represent the department of revenue and 1 of whom shall represent the retailers association of Massachusetts, and 1 of whom shall be appointed by the president of the senate, and 1 of whom shall be appointed by the speaker of the house of representatives.
Section 5. The department of revenue shall enter into the Streamlined Sales and Use Tax Agreement with l or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the agreement, the department of revenue may act jointly with other states that are members of the agreement to establish standards for certification of a certified service provider and certified automated system and establish performance standards for multi-state sellers. The department of revenue may take other actions reasonably required to implement the provisions set forth in this chapter or to otherwise substantially reduce the administrative burdens associated with sales and use tax compliance. Other actions authorized by this section include, but are not limited to, the adoption of rules and regulations and the joint procurement, with other member states of goods and services in furtherance of the cooperative agreement.
The department of revenue or the department of revenue's designee may represent the commonwealth before the other states that are signatories to the agreement.
Section 6. No provision of the agreement authorized by this chapter in whole or in part invalidates or amends any provision of laws of the commonwealth. Adoption of the agreement by the commonwealth does not amend or modify any other law. Implementation of any condition of the agreement in this state, whether adopted before, at, or after membership of this state in the agreement, must be by the action of the commonwealth.
Section 7. The department of revenue shall not enter into the Streamlined Sales and Use Tax Agreement unless the agreement requires each state to abide by the following requirements:
(a) Simplified State Rate. The agreement must set restrictions to limit over time the number of state rates.
(b) Uniform Standards. The agreement must establish uniform standards for the following:
(1) The sourcing of transactions to taxing jurisdictions.
(2) The administration of exempt sales.
(3) Sales and use tax returns and remittances.
(c) Central Registration. The agreement must provide a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.
(d) No Nexus Attribution. The agreement must provide that registration with the central registration system and the collection of sales and use taxes in the signatory states will not be used as a factor in determining whether the seller has nexus with a state for any tax.
(e) Local Sales and Use Taxes. The agreement must provide for reduction of the burdens of complying with local sales and use taxes through the following:
(1) Restricting variances between the state and local tax bases.
(2) Requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes will not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions.
(3) Restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes.
(4) Providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.
(f) Monetary Allowances. The agreement must outline any monetary allowances that are to be provided by the states to sellers or certified service providers. The agreement must allow for a joint public and private sector study of the compliance cost on sellers and certified service providers to collect sales and use taxes for state and local governments under various levels of complexity to be completed July 1, 2002.
(g) State Compliance. The agreement must require each state to certify compliance with the terms of the agreement prior to joining and to maintain compliance, under the laws of the member state, with all provisions of the agreement while a member.
(h) Consumer Privacy. The agreement must require each state to adopt a uniform policy for Certified Service Providers that protects the privacy of consumers and maintains the confidentiality of tax information.
(i) Advisory Councils. The agreement must provide for the appointment of an advisory council of private sector representatives and an advisory council of non-member state representatives to consult with in the administration of the agreement.
Section 8. The agreement authorized by this chapter is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.
Section 9. No provision of the agreement authorized by this chapter in whole or part invalidates or amends any provision of the laws of the commonwealth. Adoption of the agreement by the commonwealth does not amend or modify any law of the commonwealth. Implementation of any condition of the agreement in the commonwealth, whether adopted before, at, or after membership of the commonwealth in the agreement, must be by the action of the commonwealth.
Section 10. The agreement binds and inures only to the benefit of the commonwealth and the other member states. No person is an intended beneficiary of the agreement.
Section 11. Any benefit to a person is established by the law of the commonwealth and the other member states and not by the terms of the agreement. No law of the commonwealth, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement. No person shall have any cause of action or defense under the agreement or by virtue of the commonwealth's approval of the agreement. No person may challenge, in any action brought under any provision of 1aw, any action or inaction by any department, agency, or other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement.
SECTION 75. Chapter 69 of the General Laws is hereby amended by inserting after section 1I the following section:-
Section 1I>. The Massachusetts Comprehensive Assessment System multiple choice question results shall be made available to the public, school officials, parents and students no later than the third Wednesday in June. The results of the Massachusetts Comprehensive Assessment System essay questions shall be made available to the public no later than the first Tuesday of September to provide schools and parents with timely and valuable diagnostic information.
SECTION 76. Section 2 of chapter 70 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definition of "Assumed in-school special education enrollment" and inserting in place thereof the following definition:-
"Assumed in-school special education enrollment", 3.75 per cent of total foundation enrollment in a district not counting vocational or preschool enrollment, plus 4.75 per cent of vocational enrollment.
SECTION 77. Said section 2 of said chapter 70, as so appearing, is hereby further amended by inserting after the definition of "Foundation health care staff" the following definition:-
"Foundation inflation index", in fiscal year 2003, the foundation inflation index shall equal 1.256286153. In fiscal year 2004 and in each fiscal year thereafter, the foundation inflation index shall equal the prior year's foundation inflation index multiplied by the minimum of (a) the ratio of the value of the implicit price deflator for state and local government purchases in the first quarter of the prior fiscal year to its value in the first quarter of the year 2 years prior, and (b) 1.045.
SECTION 78. Section 3 of said chapter 70, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The foundation budget shall be calculated using foundation enrollments for the respective fiscal years as estimated by the department according to the procedures outlined in section 2. The monetary factors used in calculating the foundation budget for such years shall be adjusted for inflation by multiplying each such factor by the foundation inflation index. The factors to be inflated shall be the monetary values for the foundation payroll, foundation nonsalary expenses, professional development allotment, expanded program allotment, extraordinary maintenance allotment and book and equipment allotment.
SECTION 79. Section 8 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
The board is directed to create a separate priority list for projects that have completed a project application after August 30, 2001. The board shall assign each project to a priority category and place each project on the list in order of priority category, pursuant to subsections 1 to 8, inclusive. Projects placed on the priority list shall not be re-ranked. The board shall provide funding for projects in the order of placement on the list first, by the year the board received the application, then by the application's priority category.
SECTION 80. Section 13 of said chapter 70B, as so appearing, is hereby amended by striking out, in line 11, the words "five years" and inserting in place thereof the following words:- 7 years; but the total period from the date of issue of the original temporary loan to the final maturity of all school construction project financing shall not exceed 25 years.
SECTION 81. The third paragraph of section 2 of chapter 71B of the General Laws, as so appearing, is hereby amended by adding the following 3 sentences:- Children in public schools shall be entitled to teaching at home and in the hospital if the child's physician determines the child will have to remain at home or in a hospital for more than 14 school days in any school year. Children in non-public schools shall be entitled to home and hospital services when deemed eligible under this chapter. An expedited evaluation, which shall be limited to a child's physician statement unless there is a clear indication of the need or unless the parents request additional evaluations, shall be conducted and services provided to eligible students by the school district within 15 calendar days of the school district's receipt of the child's physician statement.
SECTION 82. The twelfth paragraph of section 3 of said chapter 71B, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following:-
If any school district determines that any other public agency, including the department of social services, the department of mental retardation, the department of mental health, the department of public health, the department of youth services, the division of medical assistance or any other state agency or program is otherwise obligated under Federal or State law or assigned responsibility under state policy to provide or pay for any services that are also considered special education or related services including, but not limited to assistive technology devices, assistive technology services, related services, supplementary aids and services, and transition services, that are necessary for ensuring a free appropriate public education, a hearing officer may determine, in accordance with the rules, regulations and policies of the respective agencies, the financial responsibility for said services, provided that during the pendency of any such proceedings, the local school district shall be responsible for arranging for and paying for said services but shall be entitled to reimbursement by any agency found responsible by the hearing officer for expenses incurred. A hearing to determine agency financial responsibility shall be deferred until after resolution by the hearing officer or by agreement of all pending disputes as to the special education and related services required to meet the student's need for a free appropriate public education; in no event shall the student's placement be delayed due to a hearing of this nature and said hearing shall be limited solely to the issue of reimbursement.
SECTION 83. Section 3 of chapter 71B of the General Laws, as appearing in the 2000 Official Edition is hereby amended by adding the following paragraph:-
If a student's individual education plan necessitates special education services in a day or residential facility or an educational collaborative, the IEP team shall consider whether the child requires special education services and supports to promote the student's transition to placement in a less restrictive program. If the student requires such services, then the IEP shall include a statement of any special education services and supports necessary to promote the child's transition to placement in a less restrictive program.
SECTION 83A. Subsection (b) of section 5A of said chapter 71B, as appearing in section 171 of chapter 159 of the acts of 2000, is hereby amended by striking out the definitions of "In-district programs" and "Out-of-district programs".
SECTION 84. Said section 5A of said chapter 71B, as appearing in the 2000 Official Edition, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Instructional costs eligible for reimbursement under this program shall be reported by a school district to the department in a form and manner prescribed by the commissioner. For each such school district, the department shall review this report and approve those per pupil instructional costs that are eligible for reimbursement pursuant to the program within 30 days of submission. Based upon the approved costs, the department shall calculate the reimbursement due a municipality. The costs of programs shall be reimbursed at 75 per cent of all such approved costs that exceed 4 times the state average per pupil foundation budget, as defined in said chapter 70, for the current fiscal year.
SECTION 85. Chapter 90 of the General Laws is hereby amended by inserting after section 3 the following section:-
Section 3>. (a) Any person claiming to be a nonresident for purposes of section 3, shall be deemed to be a resident of the commonwealth during any period in which such person:
(1) obtained an exemption pursuant to clause Seventeenth, Seventeenth C, Seventeenth C >, Seventeenth D, Eighteenth, 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 A, Forty-first B, Forty-first C, Forty-second or Forty-third of section 5 of chapter 59;
(2) obtained an exemption pursuant to section 5C of said chapter 59;
(3) filed a Massachusetts resident income tax return pursuant to chapter 62;
(4) obtained a rental deduction pursuant to subparagraph (9) of paragraph (a) of Part B of section 3 of chapter 62;
(5) declared in a home mortgage settlement document that the mortgaged property located in the commonwealth would be occupied as his principal residence;
(6) obtained homeowner's liability insurance coverage on property that was declared to be occupied as a principal residence;
(7) filed a certificate of residency and identified his place of residence in a city or town in the commonwealth in order to comply with a residency ordinance as a prerequisite for employment with a governmental entity;
(8) paid on his own behalf, or on behalf of a child or dependent for whom the person has custody, resident in-state tuition rates to attend a state-sponsored college, community college or university;
(9) applied for and received public assistance from the commonwealth for himself or his child or dependent of whom he has custody;
(10) has a child or dependent of whom he has custody who is enrolled in a public school in a city or town in the commonwealth, unless the cost of such education is paid for by him, such child or dependent, or by another education jurisdiction;
(11) is registered to vote in the commonwealth;
(12) obtained any benefit, exemption, deduction, entitlement, license, permit or privilege by claiming principal residence in the commonwealth; or
(13) is a resident under any other written criteria under which the commissioner of revenue may determine residency in the commonwealth.
(b) Notwithstanding any general or special law to the contrary, the custodian of any records referred to in subsection (a) that are not accessible to the general public shall provide, upon request, to the registrar of motor vehicles, the commissioner of revenue, the local board of assessors, or a local or state police officer, access to certain information contained therein solely for purposes of enforcing chapters 59, 60A, 64H, 64I and 90. The disclosure of information contained in such records referred to in paragraphs (3) and (4) of subsection (a) shall be made by the commissioner of revenue pursuant to this section and shall be limited to: the taxpayer's name; the taxpayer's primary place of residence or domicile; the type of return filed; the taxpayer identification number; the determination of whether the taxpayer took the rental deduction on his income tax return; and an explanation of the factors that indicated said taxpayer's residency within the commonwealth.
If records maintained by a custodian indicate that a person is deemed to be a resident under subsection (a), the custodian may certify in writing as to the facts contained in those records and the certification shall be prima facie evidence of the person's residency within the commonwealth in any proceeding involving enforcement of said chapters 59, 60A, 64H, 64I and 90, including any proceedings under subsection (c).
(c) Any person who improperly registers a motor vehicle or trailer in another state or misrepresents the place of garaging of the motor vehicle or trailer within the commonwealth, for purposes of evading the payment of motor vehicle excise, sales and use taxes or insurance premiums, or to reduce the amount of such payment, shall be punishable by a fine of not less than $200 nor more than $1,000 for each offense. For purposes of this section, each taxable year that a motor vehicle or trailer is improperly registered shall be considered a separate offense, but no more than 3 years shall be the subject of prosecution. The fines imposed pursuant to this section shall be divided as follows: 75 per cent of the fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged; and 25 per cent of the fines shall be paid over to the treasurer of the commonwealth to be deposited in the highway fund to offset costs associated with the implementation of this section. The Massachusetts Collectors and Treasurers Association, in conjunction with the treasurer of the commonwealth, shall report quarterly to the house and senate committee on ways and means the total amount of fines imposed and collected pursuant to this section.
SECTION 86. Section 20 of said chapter 90, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 66, the figure "$25" and inserting in place thereof the following figure:- $30.
SECTION 87. The eighth paragraph of section 20A of said chapter 90, as so appearing, is hereby amended by adding the following 4 sentences:- If the parking clerk has notified the registrar of the exact amount owed, the registrar may renew the registration or license upon receipt by him of full payment of all outstanding fines and fees for unpaid parking tickets as listed in each notification of nonpayment of such fines and fees received from a city or town and upon payment of the charge or charges due the registrar as authorized in this paragraph. The registrar shall provide a receipt for such payment to the registered owner and shall electronically notify each municipal parking clerk for whom the registrar has collected unpaid parking fines and fees of the amount of payment and the identity of the vehicle registration. The registrar shall electronically transmit the portion owing to each municipality within 12 working days. In the event that the registered owner has paid the parking fines and fees or registrar's charges to the registrar by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar shall have the remedies available to him pursuant to paragraph (32) of section 33 of chapter 90 as if such parking fines and fees and registrar's charges were unpaid fees.
SECTION 88. The eighth paragraph of section 20A > of said chapter 90, as so appearing, is hereby amended by adding the following 4 sentences:- If the parking clerk has notified the registrar of the exact amount owed, the registrar may renew the registration or license upon receipt by him of full payment of all outstanding fines and fees for unpaid parking tickets as listed in each notification of nonpayment of such fines and fees received from a city or town and upon payment of the charge or charges due the registrar as authorized in this paragraph. The registrar shall provide a receipt for such payment to the registered owner and shall electronically notify each municipal parking clerk for whom the registrar has collected unpaid parking fines and fees of the amount of payment and the identity of the vehicle registration. The registrar shall electronically transmit the portion owing to each municipality within 12 working days. In the event that the registered owner has paid the parking fines and fees or registrar's charges to the registrar by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar shall have the remedies available to him pursuant to paragraph (32) of section 33 of chapter 90 as if such parking fines and fees and registrar's charges were unpaid fees.
SECTION 88A. Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in line 8, the figure "$30" and inserting in place thereof the following figure:- $36.
SECTION 88B. Said section 33 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 143, the figure "$33.75" and inserting in place thereof the following figure:- $40.
SECTION 89. Section 2 of chapter 92B of the General Laws, as so appearing, is hereby amended by striking out fourth, fifth, sixth and seventh paragraphs and inserting in place thereof the following 4 paragraphs:-
The corporation shall be governed and its corporate powers exercised by the board, which shall consist of not more than 21 members. The commissioner or his designee shall serve as a board member ex-officio. The governor shall appoint 10 members of the board, 1 of whom shall be chosen from a list of 6 names, 3 of which shall be submitted by the Grove Hall Board of Trade and 3 of which shall be submitted by the Friends of Franklin Park Zoo, and 1 of whom shall be chosen from a list of 6 names, 3 of which shall be submitted by the Middlesex Fells Zoological Society and 3 of which shall be submitted by the Stoneham board of selectman, and 8 of whom shall be members representing the commonwealth's business, corporate, philanthropic and educational communities. The remaining 10 members shall be elected by the board other than the commissioner, the term of board service shall be not less than 1 year and not more than 4 years as determined by the governor. For members elected by the board, the term of board service shall be determined by the board.
All members of the board shall exercise full and equal voting privileges. A person appointed to fill a vacancy shall serve for the remainder of the term. Members shall be eligible for re-appointment or re-election. A member appointed by the governor may be removed by the governor for cause. A member elected by the board may be removed by the board for cause.
Nine board members shall constitute a quorum and the affirmative vote of a majority of the board members present shall be necessary for any action to be taken by the board. The members shall serve without compensation but each shall be reimbursed for necessary expenses incurred in the performance of the official duties of the corporation. Those expenses and duties shall be specified in the board's by-laws. Disbursement for the expenses shall be detailed and available for review in the account books of the corporation. The board shall meet at least once every 2 months and shall have authority over the activities of the corporation.
The board shall elect a chairperson of the board who shall serve for a term of not more than 4 years and shall be eligible for re-election. The board may remove the chairperson for cause. The board shall also designate a secretary who shall not be a member of the board. The secretary shall keep a record of the proceedings of the corporation and detailed minutes of each meeting, shall be the custodian of all the books, documents and papers of the corporation and shall certify the authenticity of copies of all the records. The board shall also appoint a treasurer from among its members who shall have authority over the books of account and accounting records of the corporation and shall be responsible, under the supervision of the president, for financial control of the corporation.
SECTION 90. Section 2 of chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The commissioner, subject to the approval of the governor, may make such rules and regulations governing the conduct of written and oral examinations by the several boards of registration and examination under the department as shall be necessary to standardize procedures and protect the commonwealth and applicants for registration against fraud. Nothing in this section shall prevent a board from adopting, under authority of other provisions of law, specific rules and regulations that are not in conflict with the rules and regulations authorized by this section.
SECTION 91. Section 72Y of said chapter 111, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
The division of health care finance and policy, in cooperation with the department of public health, shall establish by regulation reasonable rates of payment pursuant to this section and section 7 of chapter 118G for services provided by nursing pools registered with the department of public health. A pool shall not bill or receive payments from health care facilities at a rate greater than the rate established pursuant to this section and section 7 of chapter 118G.
SECTION 92. Sections 2 and 3 of chapter 111H of the General Laws are hereby repealed.
SECTION 92A. Section 5 of said chapter 111H is hereby repealed.
SECTION 93. Chapter 112 of the General Laws, is hereby amended by striking out section 1, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 1. The director of professional licensure shall supervise the work of the several boards of registration and examination included in the division of professional licensure. He shall recommend changes in the methods of conducting examinations and transacting business and shall make such reports to the governor and council as they may require or as the director may deem expedient.
The commissioner of public health shall supervise the work of the board of registration in nursing, the board of registration in pharmacy, the board of registration of physician assistants, the board of registration of perfusionists, the board of registration of nursing home administrators, the board of registration in dentistry and the board of registration of respiratory therapists. He shall recommend changes in the methods of conducting examinations and transacting business, and shall make such reports to the governor as he may require or the director may deem expedient.
The commissioner of public health shall consult with the chair of the board of registration in medicine concerning the operations of the board.
SECTION 94. Section 61 of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the word "and" and inserting in place thereof the following words:- each board of registration or examination in the department of public health in the executive office of health and human services and.
SECTION 95. Subsection (2) of section 9A of chapter 118E of the General Laws is hereby amended by striking out clause (g) and inserting in place thereof the following:-
(g) persons who: (i) are recipients of emergency assistance to the elderly, disabled, and children; or (ii) persons who are determined by the commissioner of the department of mental health to be classified as clients of the department of mental health; provided that such persons meet the eligibility requirements established under MassHealth and that their financial eligibility as determined by the division does not exceed 100 per cent of the poverty level.
SECTION 96. Said chapter 118E is hereby further amended by inserting after section 9C the following section:-
Section 9D. (a) As used in this section, the following words shall have the following meanings:-
"Aging services access point" or "ASAP", any agency designated by the executive office of elder affairs pursuant to section 4B of chapter 19A.
"Capitation", a set dollar payment per enrollee per month that the division pays to a senior care organization to cover a specified set of services and administrative costs without regard to the actual number of services provided.
"Complex care", care for an enrollee who is unable to independently perform, without human assistance or cueing, two or more activities of daily living or who is determined to be in need of continuous behavioral health or social services to maintain minimal daily independent functioning. Such care shall address enrollee needs, including any condition or situation that requires coordination of multiple senior care organization services.
"Dually eligible", any person, aged 65 or older, who is simultaneously qualified for full benefits under Title XIX of the Social Security Act, 42 U.S.C 1396 et seq., and Title XVIII of the Social Security Act, 42 U.S.C 1395 et seq.
"Enrollee", any dually eligible or MassHealth-only member, aged 65 or older, who is voluntarily enrolled in a senior care organization in accordance with the enrollment criteria as established by the division of medical assistance.
"Geriatric support services coordinator", a member of a senior care organization primary care team who is employed by an aging services access point, is qualified to conduct and is responsible for arranging, coordinating and authorizing the provision of appropriate community long-term care and social support services.
"MassHealth Senior Care Options", a program of medical, health and support services covered under Title XIX or Title XVIII of the Social Security Act, provided through senior care organizations. "Medically necessary", as defined by the division of medical assistance.
"Medicare", the federal health insurance program for elderly and disabled persons, and persons with kidney failure established pursuant to Title XVIII of the Social Security Act, 42 U.S.C 1395 et seq.
"Primary care team", a team of health and long-term care professionals established by the senior care organization. Primary care teams shall consist of a primary care physician working in conjunction with a nurse practitioner, registered nurse or physician's assistant, a geriatric support services coordinator, and other professionals designated by the senior care organization.
"Senior care organization" or "SCO", a comprehensive network of medical, health care and social service providers that integrates all components of care, either directly or through subcontracts. SCOs will be responsible for providing enrollees with the full continuum of Medicare and MassHealth covered services.
(b) Notwithstanding any general or special law to the contrary, the division may, subject to appropriation and the availability of federal financial participation and pursuant to a memorandum of understanding with the federal Health Care Financing Administration, establish a program of medical and long-term care benefits, known as the MassHealth senior care options initiative for Massachusetts residents, aged 65 and over, who are dually eligible or only eligible for benefits under Title XIX of the Social Security Act. The division may contract with entities, to be known as senior care organizations or SCOs, to provide or arrange to provide a comprehensive network of medical, health care and social services that integrates all components of care, either directly or through subcontracts.
(c) The division shall ensure that enrollment in the program is voluntary. No disincentives for selecting a fee-for-service delivery system shall be included as part of any agreement or waiver regarding the program. The division shall ensure that all enrollees in a SCO have the right to disenroll from the program in any month upon submitting a notice of disenrollment to the division or contracted entity. Disenrollment notices received by the division or contracted entity by the twentieth day of the month shall be effective the first day of the following month.
(d) The benefits provided to persons considered eligible to enroll in the SCO shall include those services covered by Medicare Part A and Part B; the amount, duration and scope of Medicaid-covered services shall be at a minimum no more restrictive than the scope of services provided under MassHealth standard coverage, and shall include services covered under the home and community-based services waiver program; and services necessary for the treatment of mental health or substance abuse.
(e) (1) During the first 3 years of the demonstration project, a SCO shall conform to the minimum medical loss ratio as established by the division for its category. At the end of each fiscal year, the SCO shall provide to the division an audited statement of its medical loss ratio for the past year. Two years after the implementation of the SCO demonstration project, the division shall have 6 months to review the data and audited statements and shall have an additional 6 months to implement revised loss ratios. Beginning the fourth year of the demonstration project and upon renewal of the contract with the division, a SCO shall conform to the revised minimum medical loss ratio as established by the division for its category. Beginning the fourth year of the demonstration project and upon renewal of the contract with the division, if a SCO's audited medical loss ratio is below the minimum as determined by the division for its category, the SCO shall provide additional benefits or services to its enrollees in the following contract year in an amount that would raise its medical loss ratio to the minimum level established by the division for its category, and shall submit a plan to the division detailing how such benefits or services shall be provided to its plan enrollees.
(2) Not later than the end of the first year of operation as a SCO, the division shall require that all SCOs, with whom the division contracts to deliver such services, establish SCO consumer advisory councils. Such councils shall monitor and make recommendations for the SCOs services delivered under this program and shall be represented by members of its enrolled population, or family members or unpaid caregivers of its enrolled population. The chair or his designee of the SCO consumer advisory council shall have a seat on the board of the SCO and a seat on the division of medical assistance's SCO advisory committee as created under subsection (m).
(3) The division shall educate consumers and their families as to their enrollment choices under MassHealth senior care options and other available alternatives under Medicare and Medicaid. Neither SCOs nor the division shall offer gifts, payments or other inducements to enroll seniors in a SCO. The division shall also perform outreach services to local councils on aging and other related organizations to educate those councils and organizations on the details of the SCO demonstration project, including, but not limited to, providing the councils and organizations with the SCO educational materials listed in paragraph (4).
(4) The division shall deliver to all prospective enrollees SCO educational materials that shall include, but not be limited to: a definition of a SCO and how it functions; enrollment eligibility standards; the location of SCOs; a complete list of their participating providers; the range of available services; consumer rights under Medicare and Medicaid; an assistance worksheet for determining health care options under MassHealth senior care options, Medicare and Medicaid; and quality of care measurements reported to the division.
(5) The SCO shall be required to evaluate all its enrollees to determine if an enrollee has complex care needs within 30 days of initial enrollment, as well as on an annual basis, or as requested by the enrollee's primary care physician, or as requested by the enrollee or his authorized representative. If it is determined that an enrollee has complex care needs, the enrollee may receive the ongoing services of a primary care team. If the primary care team determines that the complex care enrollee requires the ongoing services of a primary care team, the primary care team shall develop and monitor a plan of care for said enrollee, and arrange for and deliver all services called for in the plan of care. If an enrollee is deemed to have complex care needs, but the primary care team determines the complex care enrollee does not require the services of a primary care team, the enrollee shall receive the services of a primary care physician and may appeal to the SCO to receive primary care team services. The SCO shall conduct a standard review and make a decision following receipt of all required documentation and, if requested by the primary care physician, the SCO shall conduct an expedited review. The timeline for standard and expedited reviews shall meet the requirements established under 42 C.F.R. 422.568 and 422.572. The SCO shall develop criteria for the primary care team to employ when determining whether the complex care enrollee requires the ongoing services of a primary care team. The SCO shall submit the criteria to the division of medical assistance for its approval.
(f) The division shall develop and issue a document for consumers to be known as the "SCO report card" containing information and data providing a basis upon which SCOs may be evaluated and compared by consumers. The document shall be made available to residents of the commonwealth, upon request. In preparing that report card, the division shall, to the extent possible, use information already reported by the SCO. The division shall consult with the department of public health and the division of insurance in determining the content and format of the report card, and shall make the report card available on the internet web site established by the division. The division shall issue its proposed methodology for the preparation of the SCO report card. The division shall issue the initial report card 1 year from the announcement of the methodology and annually thereafter.
(g) The division shall measure a SCO's performance using a variety of objective quality assurance measures, including, but not limited to, ongoing provider education, consumer satisfaction surveys, outcome measures and practice guidelines.
(h)(1) Each SCO shall be required to contract with 1 or more ASAPs in its geographic service area unless otherwise provided by this section. The division, in concurrence with the executive office of elder affairs, shall develop procedures and criteria for assessing the circumstances under which a SCO may choose not to contract with any specific ASAP operating in the SCO's service area and shall make those procedures and criteria available to the SCOs and ASAPs. The procedures and criteria shall include a requirement that any SCO so choosing shall demonstrate its reasons to the division, including, but not limited to, specific contractual, performance, administrative or clinical deficiencies for each ASAP with which the SCO chooses not to contract. The division, in consultation with the executive office of elder affairs, shall determine whether the SCO requesting not to contract with a given ASAP has met the criteria for such a request. The division shall share with the executive office of elder affairs all documentation provided by the SCO regarding its reasons not to contract with an ASAP.
(2) ASAPs under contract with SCOs shall employ geriatric support service coordinators, who shall be members of the primary care team and shall be responsible for:
(i) arranging, coordinating and authorizing the provision of community long-term care and social support services with the agreement of other primary care team members designated by the SCO;
(ii) coordinating non-covered services and providing information regarding other elder services, including, but not limited to, housing, home-delivered meals and transportation services;
(iii) monitoring the provision and outcomes of community long-term care and support services, according to the enrollee's service plan, and making periodic adjustments to the enrollee's service plan as deemed appropriate by the primary care team;
(iv) tracking enrollee transfer from one setting to another; and
(v) scheduling periodic reviews of enrollee care plans and assessment of progress in reaching the goals of an enrollee's care plan.
(3) SCOs and ASAPs shall be responsible for developing processes for assessing all enrollees upon enrollment to determine the need for involvement of the ASAPs and to assure appropriate ongoing monitoring of the enrollee's need for medically necessary services.
(4) SCOs shall grant geriatric support services coordinators authorizing responsibility over a range and amount of services for specific conditions or circumstances for which agreement of the primary care team would not be required. In cases where the primary care team members cannot reach agreement regarding an enrollee's service plan or the authorization thereof, any team member may request that the SCO conduct a clinical review within 3 working days of receiving a request for that review. Clinical reviewers shall not be members of the primary care team presenting the case, and all decisions by the clinical review team shall be final. SCOs shall be required to report the results of all clinical reviews to the division and to the executive office of elder affairs. Such reports shall be a component of a SCO's performance review by the division.
(i) The division shall develop a capitation system for payment for Medicaid services in which the SCOs shall be at full or partial financial risk for any services that they authorize and purchase on behalf on an enrollee. Capitation rates shall be adequate to ensure the provision of quality health and long-term care services to all enrollees regardless of physical or mental health conditions. The division shall ensure that Medicaid rates are no greater than what the division would pay for an actuarially equivalent unenrolled population. The division may permit a risk-sharing relationship between the SCO and the ASAP, in which the two entities share the financial risk of providing coordinated services to enrollees under a system of capitated or sub-capitated rate payments.
(j) The division shall ensure that enrollees have a choice of at least 2 senior care organizations within their geographic area, where available. The division also shall ensure that enrollees have a choice of at least 2 primary care physicians and nursing facilities within each SCO network. Furthermore, when there is more than 1 home health agency within a SCO's network, enrollees shall have a choice of home health agencies among those within the SCO's network.
(k) A SCO shall meet all privacy standards set by the regulations established by the federal Department of Health and Human Services under the Healthcare Insurance Portability and Accountability Act of 1996.
(l) Enrollees in any SCO shall have access to the appropriate ombudsperson within the executive office of elder affairs, and shall have access to the SCO ombudsperson or like person within the SCO. The contacts and method of contact shall be provided, at a minimum, to each SCO enrollee upon enrollment.
(m) The division shall promulgate regulations to enforce the provisions of this chapter, and shall establish a senior care options advisory committee to advise the division regarding the ongoing operations of MassHealth senior care options. The advisory committee shall advise the division with regard to the appropriate outreach, enrollment and disenrollment policies for eligible persons. The SCO advisory committee shall include the chairs of the SCO advisory councils and 51 per cent of the advisory committee shall be SCO enrollees or representatives from elderly consumer groups and aging services organizations chosen by the division and the executive office of elder affairs.
(n) The division shall enter into an interdepartmental service agreement with the executive office of elder affairs in a manner that ensures that any and all coordinated care services are provided pursuant to the requirements specified in this section.
(o) The commissioner, in consultation with the secretary of the executive office of elder affairs, shall semi-annually submit to the house and senate committees on ways and means a report detailing the name and number of entities participating as senior care option organizations and expenditure data, including, but not limited to, an analysis of the program's aggregate budget neutrality. Furthermore, the division shall collect detailed information on the functioning of the SCO demonstration project, including: enrollment and disenrollment rates, including detailed reasons for enrolling and disenrolling; the number of SCO enrollees in nursing homes, community settings and other settings; and other information to assist the special commission in completing various studies.
(p) A SCO shall meet standards established by 42 U.S.C. section 1395w-22 (f) and (g) and 42 U.S.C. section 1396u-2(b).
SECTION 97. Subsection (4) of section 16C of said chapter 118E, as appearing in the 2000 Official Edition, is hereby amended by striking out the third sentence.
SECTION 98. Section 25 of said chapter 118E, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
Notwithstanding the first paragraph of this section, the division may require medicaid recipients to pay enrollment fees, premiums, deductibles, coinsurance, copayments or similar cost-sharing charges as participants in managed care plans implemented by the division, so long as any waivers of Title XIX provisions regarding recipient cost-sharing are obtained from the secretary in conjunction with any other federal approvals and waivers necessary to implement these managed care plans. In the absence of managed care plans, the division shall require, to the extent permitted by federal law, that recipients, if eligible for such benefits, be liable for a copayment of $2 toward the purchase of each pharmaceutical product, including prescription drugs and over-the-counter drugs, and to require the copayment of $3 for the use of emergency room services in acute care hospitals for the treatment of nonemergency conditions. The division may also require, to the extent permitted by federal law, that recipients be liable for a copayment of $1 for all other covered services.
SECTION 99. Section 7 of chapter 118G of the General Laws, as so appearing, is hereby amended, by striking out, in line 23, the word "January" and inserting in place thereof the following word:- July.
SECTION 100. Section 7 of said chapter 118G, as so appearing, is hereby amended by striking out the tenth paragraph and inserting in place thereof the following paragraph:-
In establishing rates for nursing pools pursuant to section 72Y of chapter 111, the division shall establish annually the limit for the rate for service provided by nursing pools to licensed facilities. The division shall establish industry-wide class rates for such services and shall establish separate class rates for services provided to nursing facilities and hospitals. The division shall establish separate rates for registered nurses, licensed practical nurses and certified nursing assistants. The division may establish rates by geographic region. The rates shall include an allowance for wages, payroll taxes and fringe benefits, which shall be based upon, and shall not exceed, median wages, payroll taxes and fringe benefits paid to permanent medical personnel of the same type at health care facilities in the same geographic region. The rates shall also include an allowance for reasonable administrative expenses and a reasonable profit factor, as determined by the division. The division may exempt from the rates certain categories, as defined by the division, of fixed-term employees that work exclusively at a particular health care facility for a period of at least 90 days and for whose services there is a contract between a facility and a nursing pool registered with the department of public health. The division shall establish procedures by which nursing pools shall submit cost reports, which may be subject to audit, to the division for the purpose of establishing rates. The division shall determine the nursing pool rate contained in this paragraph by considering wage and benefit data collected from cost reports received from nursing pools and from health care facilities, and other relevant information gathered through other collection tools or reasonable methodologies.
SECTION 101. Said chapter 118G is hereby further amended by adding the following 2 sections:-
Section 25. (a) For the purposes of this section, the following words shall have the following meanings:-
"Assessment", the user fee imposed pursuant to this section. For all nursing homes, the user fee shall be imposed per non-Medicare reimbursed patient day. A Medicare-reimbursed patient day is a Medicare Part A patient day paid for under either an indemnity fee-for-service arrangement or a Medicare health maintenance organization contract.
"Nursing home", a nursing home or a distinct part of a nursing unit of a hospital or other facility licensed by the department of public health pursuant to section 71 of chapter 111.
"Patient day", a day of care provided to an individual patient by a nursing home.
(b) Each nursing home shall pay an assessment per non-Medicare reimbursed patient day. The assessment shall be sufficient in the aggregate to generate $145 million in each fiscal year. The assessment shall be implemented as a broad-based health care-related fee as defined in 42 U.S.C. { 1396b(w)(3)(B). The assessment shall be paid to the division quarterly. The division may promulgate regulations that authorize the assessment of interest on any unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees at a rate not to exceed 5 per cent per month. The receipts from the assessment, any federal financial participation received by the commonwealth as a result of expenditures funded by these assessments and interest thereon shall be credited to the Health Care Security Trust Fund established by chapter 29D.
(c) The commissioner shall prepare a form on which each nursing home shall report quarterly its total patient days and shall calculate the assessment due. The commissioner shall distribute the forms to each nursing home at least annually. The failure to distribute the form or the failure to receive a copy of the form shall not stay the obligation to pay the assessment by the date specified in this section.
(d) The division shall have the authority to inspect and copy the records of a nursing home for purposes of auditing its calculation of the assessment. In the event that the division determines that a nursing home has either overpaid or underpaid the assessment, the division shall notify the nursing home of the amount due or refund the overpayment. The division may impose per diem penalties if a nursing home fails to produce documentation as requested by the division.
(e) In the event that a nursing home is aggrieved by a decision of the division as to the amount due, the nursing home may file an appeal to the division of administrative law appeals within 60 days of the date of the notice of underpayment or the date the notice was received, whichever is later. The division of administrative law appeals shall conduct each appeal as an adjudicatory proceeding pursuant to chapter 30A, and a nursing home aggrieved by a decision of the division of administrative law appeals shall be entitled to judicial review pursuant to section 14 of said chapter 30A.
(f) The commissioner may enforce the provisions of this section by notifying the department of public health of unpaid assessments. Within 45 days after notice to a nursing home of amounts due, the department shall revoke licensure of a nursing home that fails to remit delinquent fees.
(g) The division, in consultation with the division of medical assistance, shall promulgate regulations necessary to implement this section.
Section 26. (a) For the purposes of this section, the following terms shall have the following meanings:
"Assessment", for all pharmacies, an amount assessed upon each non-Medicare and non-Medicaid prescription dispensed by the pharmacies.
"Pharmacy", any retail drug business registered by the board of registration in pharmacy in accordance with chapter 112 that is authorized to dispense controlled substances, including, retail drug businesses as defined in section 1 of chapter 94C.
(b) Each pharmacy shall pay an assessment upon each non-Medicare and nonmedicaid prescription dispensed to the division quarterly. The assessment shall be sufficient in the aggregate to generate $36 million in each fiscal year. The assessment shall be implemented as a broad-based health care-related fee as defined in 42 U.S.C. { 1396b(w)(3)(B). The division may promulgate regulations that authorize the assessment of interest on any unpaid liability at a rate not to exceed an annual percentage rate of 18 per cent and late fees at a rate not to exceed 5 per cent per month. The receipts from the assessment, any federal financial participation received by the commonwealth as a result of expenditures funded by these assessments and interest thereon shall be credited to the Health Care Security Trust Fund established by chapter 29D.
(c) The commissioner shall prepare a form on which each pharmacy shall report quarterly its total prescriptions dispensed and shall calculate the assessment due. The commissioner shall distribute the forms to each pharmacy at least annually. The failure to distribute the form or the failure to receive a copy of the form shall not stay the obligation to pay the assessment by the date specified herein.
(d) The division shall have the authority to inspect and copy the records of a pharmacy for purposes of auditing its calculation of the assessment. In the event that the division determines that a pharmacy has either overpaid or underpaid the assessment, the division shall notify the pharmacy of the amount due or refund the overpayment. The division may impose per diem penalties if a nursing home fails to produce documentation as requested by the division.
(e) In the event that a pharmacy is aggrieved by a decision of the division that an assessment was underpaid by such pharmacy, the pharmacy may file an appeal to the division of administrative law appeals within 60 days of the date of the notice of underpayment or the date the notice was received, whichever is later. The division of administrative law appeals shall conduct each appeal as an adjudicatory proceeding pursuant to chapter 30A and a pharmacy aggrieved by a decision of the division of administrative law appeals shall be entitled to judicial review pursuant to section 14 of chapter 30A.
(f) The commissioner may enforce the provisions of this section by notifying the department of public health of unpaid assessments. Within 45 days after notice to a pharmacy of amounts due, the department may revoke licensure of a pharmacy that fails to remit delinquent fees.
(g) The division shall quarterly determine the amount of MassHealth services to be funded by the assessment and shall provide written notice of such amount to the comptroller before the first business day of each quarter. The comptroller shall transfer from the Health Care Security Trust Fund, established pursuant to section 1 of chapter 29D, to the Health Care Quality Improvement Trust Fund, on the first business day of each quarter the amount indicated by the division, but in no event shall such transfer exceed $72,000,000 in fiscal year 2003.
(h) The division, in consultation with the division of medical assistance, shall promulgate regulations necessary to implement this section.
SECTION 102. Section 93 of chapter 143 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the following word:- department.
SECTION 103. Section 100 of said chapter 143, as so appearing, is hereby amended by striking out, in line 1, the words "executive office" and inserting in place thereof the following word:- department.
SECTION 104. Section 6 of chapter 150 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words "four hundred dollars," and inserting in place thereof the following figure:- $600.
SECTION 105. Said section 6 of said chapter 150, as so appearing, is hereby amended by striking out, in line 18, the words "eight hundred dollars," and inserting in place thereof the following figure:- $1200.
SECTION 106. Said section 6 of said chapter 150, as so appearing, is hereby amended by striking out, in line 28, the words "one hundred dollars," and inserting in place thereof the following figure:- $150.
SECTION 107. Section 11 of chapter 161B of the General Laws is hereby repealed.
SECTION 108. Said chapter 161B is hereby further amended by the following section:-
Section 26. The regional transit authorities shall establish a stabilization fund into which the authorities shall deposit revenues in excess of expenditures. Said stabilization fund shall have a fund balance no greater than 15 per cent of total revenues for all regional transit authorities for the fiscal year most recently ended. Monies from said fund shall be subject to appropriation and used for capital improvements and expenditures, to offset the unforeseen and dramatic loss of revenues within a fiscal year, and to pay current expenses after implementing all efficiencies and savings possible. The authorities may not assume draws from said stabilization fund in preparing their annual budgets. In the event that an authority requires a draw from said fund, it shall file with the secretary of administration and finance, secretary of transportation and construction, joint committee on transportation and the house and senate committees on ways and means a financial plan that projects to produce in the following fiscal year an excess of revenues over expenses, all measures taken to implement efficiencies and savings, the amount necessary to offset operating losses, and any other information that said secretaries or committees may require.
SECTION 109. Section 177 of chapter 175 of the General Laws, as most recently amended by section 37 of chapter 106 of the acts of 2002, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever knowingly violates any provision of this section shall be punished by a fine of not less than $50 nor more than $500.
SECTION 110. Section 1 of chapter 185C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in the place thereof the following sentence:- The housing court department, established under section 1 of chapter 211B, shall be composed of a western division, consisting of the cities and towns of Berkshire, Franklin, Hampden and Hampshire counties; a division for Worcester county, including the town of Bellingham in Norfolk county, the city of Marlborough and the towns of Ashby, Hudson and Townsend in Middlesex county, and the jurisdiction known as Devens established under chapter 498 of the acts of 1993; a northeastern division, including the cities and towns of Essex county and the city of Lowell and the towns of Acton, Ayer, Billerica, Boxborough, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Groton, Littleton, Maynard, Pepperell, Shirley, Stow, Tewksbury, Tyngsborough, and Westford in Middlesex county; a southeastern division, including the cities and towns of Bristol and Plymouth counties; and a division for the city of Boston.
SECTION 111. Section 19 of said chapter 185C, as so appearing, is hereby amended by striking out, in line 8, the words "fifty dollars" and inserting in place thereof the following figure:- $100.
SECTION 112. Said section 19 of said chapter 185C, as so appearing, is hereby further amended by striking out, in line 15, the words "fifty dollars" and inserting in place thereof the following figure:- $75.
SECTION 113. Section 3 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out, in line 92, the words "recognized batterer's treatment program" and inserting in place thereof the following words:- batterer's intervention program that is certified by the department of public health.
SECTION 114. The fifth paragraph of section 7 of said chapter 209A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- For any violation of such order, the court shall order the defendant to complete a certified batterer's intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer's intervention should not be ordered or unless the batterer's intervention program determines that the defendant is not suitable for intervention. The court shall not order substance abuse or anger management treatment or any other form of treatment as a substitute for certified batterer's intervention.
SECTION 115. Section 19 of Chapter 211B of the General Laws, as so appearing, is hereby amended by inserting after the word "court" in line 4, the following words:- , subject to appropriation.
SECTION 116. Section 2A of said chapter 211D, as so appearing, is hereby amended by striking out, in line 13, the words "one hundred dollars" and inserting in place thereof the following figure:- $150.
SECTION 117. Section 12 of said chapter 211D, as so appearing, is hereby amended by striking out, in line 12, the word "five" and inserting in place thereof the following figure:- 10.
SECTION 118. Section 23B of chapter 217 of the General Laws, as so appearing, is hereby amended by inserting after the line "Hampshire, one administrative deputy assitant." the following line:-
Middlesex, 3 administrative deputy assistants.
SECTION 119. Section 28 of said chapter 217, as amended by section 43 of chapter 177 of the acts of 2001, is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following 2 sentences:- A deputy assistant register shall receive as additional compensation an amount equal to 15 per cent of the annual salary of the Suffolk county register of probate. The register may also, from time to time, designate 5 employees as associate deputy registers who shall have the powers of assistant registers and receive as additional compensation an amount equal to 7.5 per cent of the salary paid to the register.
SECTION 120. The first paragraph of section 35B of said chapter 217 is hereby amended by striking out the first sentence, as amended by section 43A of said chapter 177, and inserting in place thereof the following sentence:- The salaries of first assistant registers and administrative deputy assistants of the probate and family court department shall be 83.5 per cent of the salary of the registers pursuant to section 35A and shall be paid by the commonwealth.
SECTION 121. Section 37 of chapter 221 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 11 and 12, the figure "$275" and inserting in the place thereof, in each instance, the following figure:- $385.
SECTION 122. Said section 37 of said chapter 221, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words "five hundred dollars" and inserting in place thereof the following figure:- $700.
SECTION 123. Section 117 of chapter 231 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "court", the first time it appears, the following words:- , the land court.
SECTION 124. Said section 117 of said chapter 231, as so appearing, is hereby amended by striking out, in line 11, the word "the" and inserting in place thereof the following words:- the justice of the land court, the.
SECTION 125. Section 8 of chapter 258B of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "sixty dollars" and inserting in place thereof the following figure:- $90.
SECTION 126. Said section 8 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 5, the words "thirty-five dollars" and inserting in place thereof the following figure:- $50.
SECTION 127. Said section 8 of said chapter 258B, as so appearing, is hereby further amended by striking out, in lines 9 and 13, the words "thirty dollars" and inserting in place thereof, in each instance, the following figure:- $45.
SECTION 128. Said section 8 of said chapter 258B, as so appearing, is hereby further amended by striking out, in line 20, the words "fifty dollars" and inserting in place thereof the following figure:- $75.
SECTION 129. Section 2 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 5, 11 and 12, and 17 the words "one hundred dollars" and inserting in place thereof, in each instance, the following figure:- $150.
SECTION 130. Said section 2 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 7, the words "twenty dollars" and inserting in place thereof the following figure:- $25.
SECTION 131. Said section 2 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 15, the words "thirty dollars" and inserting in place thereof the following figure:- $50.
SECTION 132. Section 4 of said chapter 262, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words "one hundred and fifty dollars" and inserting in place thereof the following figure:- $250.
SECTION 133. Said section 4 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words "two hundred dollars" and inserting in place thereof the following figure:- $225.
SECTION 134. Said section 4 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 8, the words "fifty dollars" and inserting in place thereof the following figure:- $75.
SECTION 135. Section 4A of said chapter 262, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "one hundred and seventy-five dollars" and inserting in place thereof the following figure:- $200.
SECTION 136. Said section 4A of said chapter 262, as so appearing, is hereby further amended by striking out, in line 7, the words "twenty dollars" and inserting in place thereof the following figure:- $25.
SECTION 137. Said section 4A of said chapter 262, as so appearing, is hereby further amended by striking out, in line 10, the words "fifty dollars" and inserting in place thereof the following figure:- $75.
SECTION 138. Section 39 of said chapter 262, as so appearing, is hereby amended by striking out the first paragraph and inserting in place the following paragraph:-
For the entry of every original petition, complaint or writ and transmitting it to the recorder, when filed with an assistant recorder, two hundred dollars. An additional fee of fifty dollars shall be paid for the issuance of an injunction or restraining order.
SECTION 139. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 5 and 36, the words "fifty dollars" and inserting in place thereof, in each instance, the following figure:- $70.
SECTION 140. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 14, the words "five dollars" and inserting in place thereof the following figure:- $7.
SECTION 141. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 18 and 22, the words "three dollars" and inserting in place thereof, in each instance, the following figure:- $5.
SECTION 142. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 27, the words "twenty-five dollars" and inserting in place thereof the following figure:- $35.
SECTION 143. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 33, the word "fifty" and inserting in place thereof the following figure:- $70.
SECTION 144. Said section 39 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 34, the words "two thousand dollars" and inserting in place thereof the following figure:- $2,800.
SECTION 145. Section 40 of said chapter 262, as so appearing, is hereby amended by striking out, in lines 4 and 5, 48, 52 and in lines 59 and 60, the words "one hundred dollars" and inserting in place thereof, in each instance, the following figure:- $140.
SECTION 146. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 6, 17, 27, 29, 43 and in lines 57 and 58, the words "fifty dollars" and inserting in place thereof, in each instance, the following figure:- $70.
SECTION 147. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 33 and 34, 35, 39 and 56, the words "thirty dollars" and inserting in place thereof, in each instance, the following figure:- $42.
SECTION 148. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in lines 40 and 41, the words "one hundred twenty dollars" and inserting in place thereof the following figure:- $170.
SECTION 149. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 46, the words "seventy dollars" and inserting in place thereof the following figure:- $100.
SECTION 150. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 50, the words "two hundred dollars" and inserting in place thereof the following figure:- $280.
SECTION 151. Said section 40 of said chapter 262, as so appearing, is hereby further amended by striking out, in line 53, the words "forty dollars" and inserting in place thereof the following figure:- $56.
SECTION 152. Section 70C of chapter 277 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "Upon oral motion of the commonwealth at." and inserting in place thereof the following word:- At.
SECTION 153. The ninth paragraph of section 274 of chapter 110 of the acts of 1993 is hereby amended by adding the following sentence:- The division shall also notify superintendents of this estimated rate of inflation by December 1.
SECTION 154. The first paragraph of section 22 of chapter 482 of the acts of 1993 is hereby amended by striking out in lines 11 to 13, inclusive, the words "and a twenty-five dollar annual surcharge on the licensing fee paid by property and casualty insurance brokers and property and casualty agents of direct writers registered with the division of insurance" and inserting in place thereof the following words:- a surcharge equal to $25 per year on the license, payable at the time of the licensing fee paid by insurance producers licensed in property or casualty lines of insurance by the division of insurance.
SECTION 155. Subsection (i) of section 567 of chapter 151 of the acts of 1996 is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The registry shall be designated a tier 2 registry and the salary of the register shall be consistent with the salaries of tier 2 registers.
SECTION 156. Section 21 of chapter 47 of the acts of 1997 is hereby amended by striking out, in line 2, the figure "2002" and inserting in place thereof the following figure:- 2007.
SECTION 157. Section 22 of said chapter 47 is hereby amended by striking out the figure "1998 to 2004", inserted by section 58 of chapter 177 of the acts of 2001, and inserting in place thereof the following words:- 1998 to 2007.
SECTION 158. Said section 22 of said chapter 47 is hereby further amended by striking out, in line 3, the figure "$2,000,000" and inserting in place thereof the following figure:- $3,000,000.
SECTION 159. Section 25 of chapter 175 of the acts of 1998, as amended by section 1 of chapter 172 of the acts of 1999, is hereby further amended by striking out, in line 2, the figure "2002" and inserting in place thereof the following figure:- 2005.
SECTION 160. Section 26 of said chapter 175, as amended by section 2 of said chapter 172, is hereby further amended by striking out, in line 1, the figure "2003" and inserting in place thereof the following figure:- 2006.
SECTION 161. Section 1 of chapter 297 of the acts of 1998 is hereby amended by striking out the words "June 30, 2002" and inserting in place thereof the following words:- June 30, 2003.
SECTION 162. Item 7004-0089 in section 2 of chapter 127 of the acts of 1999 is hereby amended by striking out, in lines 31 and 32, the words "or structural reinforcement of the Bolivar street public works garage in the town of Canton" and inserting in place thereof the following:- of the Bolivar street works garage in the town of Canton and to purchase land or buildings to prepare land, to erect or remodel any existing buildings or other structures, for the construction and equipping to a public works garage in the town of Canton.
SECTION 163. The second sentence of section 15 of chapter 87 of the acts of 2000, inserted by section 9 of chapter 125 of the acts of 2000, is hereby amended by inserting after the word "year", in line 8, the first time it appears, the following words:- and attributable to the rates for such fees in effect as of January 1, 2002.
NO SECTION 164.
SECTION 165. Section 357 of chapter 159 of the acts of 2000 shall apply in fiscal year 2003, except that in said fiscal year 2003:
(a) only $23,000,000 shall be credited to the Capital Needs Investment Fund;
(b) clauses (c) and (d) of said section 357 shall not apply; and
(c) $3,000,000 shall be expended for the purposes of clause (b) of said section 357; of this amount, not less than $600,000 shall be expended for the purposes of subclause (3), not less than $300,000 shall be expended for the purposes of subclause (5) and not less than $500,000 shall be expended for the purposes of subclause (6).
SECTION 166. Section 403 of said chapter 159 is hereby amended by striking out, in lines 7 and 8, the words "the eleventh through the twentieth bed-hold day, inclusive," and inserting in place thereof the following words:- bed-hold days.
SECTION 167. The last paragraph of said section 403 of said chapter 159 is hereby amended by adding the following two sentences:- The division of medical assistance shall pay for bed-hold days at the lowest rate established by the division of health care finance and policy for the nursing facility in which the person resides for the rate year in which the non-medical leave of absence occurs. These bed-hold day payments shall not be made for more than 15 days per calendar year for a patient of the facility.
SECTION 168. Said chapter 159 is hereby further amended by striking out section 494 and inserting in place thereof the following 2 sections:-
Section 494. Section 143 shall take effect on July 1, 2002.
Section 494A. Section 171 shall take effect on July 1, 2003.
SECTION 169. Section 7A of chapter 177 of the acts of 2001 is hereby repealed.
SECTION 170. Said chapter 177 is hereby further amended by striking out section 62 and inserting in place thereof the following section:
Section 62. (a) The secretary of the executive office of elder affairs, the commissioner of the group insurance commission, the director of the state office of pharmacy services, the superintendents of the soldiers' homes in Chelsea and Holyoke and the commissioners of the departments of public health, mental health and mental retardation shall form, a prescription drug procurement unit, which shall develop a program of aggregate purchase of prescription drugs or a program to negotiate discounts with pharmaceutical companies on behalf of the unit and its member agencies based upon the consolidated populations of said unit and its member agencies. Such program shall include a competitive procurement process and contract negotiation for pharmacy benefit management services. Such program may, if feasible, develop a plan to pass on negotiated discounts to uninsured or underinsured residents of the Commonwealth. No contract currently in existence with any agency or program shall be terminated before its expiration date unless, in the opinion of the agency and a majority of the member agencies, it has been favorably renegotiated as part of the unit contract. The unit shall consult with the office of pharmacy services and the division of medical assistance, to the extent allowed by federal law, in negotiating discounts pursuant to this section, and the division of medical assistance shall join the unit contract to the extent allowed by federal law. The unit or the commissioner of the division of medical assistance may contract with an independent consultant in order to assist said group to develop either program, and shall seek any federal approval required to implement either program.
(b) If a majority of the members of the procurement unit are unable to agree on a program, pursuant to this section, the unit shall file a report with the house and senate committees on ways and means and the joint committee on health care on the reasons therefor and shall include in such report any recommendations to improve or clarify the development of a program, including any legislative recommendations necessary to ensure successful establishment of such program. ? The unit shall report to such committees its progress in implementing the program by October 1, 2002.
(c) For the purposes of paragraph (c) of section 39 of chapter 19A of the General Laws, this section shall be considered a successor statute to section 271 of chapter 127 of the acts of 1999 section, but this sentence shall not be construed to have the effect of repealing said section 271.
SECTION 171. The second sentence of section 74 of chapter 177 of the acts of 2001 is hereby amended by striking out the words "4 nonvoting members to be appointed by the governor" and inserting in place thereof, the following words:- 5 nonvoting members to be appointed by the governor, 1 of whom shall be from the Massachusetts Council of Community Hospitals.
SECTION 172. The last sentence of said section 74 of said chapter 177 is hereby amended by striking out the word "August" and inserting in place thereof the following word:- December.
SECTION 173. Section 74 of chapter 177 of the acts of 2001, is hereby amended by inserting after the words "secretary of administration and finance," in lines 7 and 21, each time they appear, the following words:- or his designee.
SECTION 174. (a) Notwithstanding section 42 of chapter 10 of the General Laws, or any other general or special law to the contrary, the comptroller shall transfer, without further appropriation, $3,878,561 from the Massachusetts Clean Elections Fund to the Clean Elections Judgment Fund established in subsection (b), on the effective date of this act. The comptroller shall further transfer all remaining funds in the Massachusetts Clean Elections Fund to the General Fund.
(b) Notwithstanding any other general or special law to the contrary, there shall be within the office of the state comptroller a separate fund to be known as the Clean Elections Judgment Fund. There shall be credited to the fund all amounts transferred by the comptroller from the Massachusetts Clean Elections Fund under subsection (a). Amounts transferred to the fund shall be available for expenditure without further appropriation, and the comptroller shall so expend said funds to satisfy any final judgment that is entered in favor of a plaintiff against defendant Michael J. Sullivan in his official capacity as the director of the office of campaign and political finance in the matter of Kelly Bates, et al vs. Michael J. Sullivan, et al., SJ-2001-0448.
(c) The state secretary shall cause the following question to be placed on the official ballot at the biennial state election to be held in the year 2002:- "Do you support taxpayer money being used to fund political campaigns for public office in the commonwealth of Massachusetts?" The votes cast shall be received, sorted, counted, declared and transmitted to the state secretary, laid before the governor and council and, by them, opened and examined in accordance with the laws relating to votes for state officers so far as they apply, and the governor shall then communicate to the general court the total number of votes cast in the affirmative and in the negative on the question, and likewise, the same totals arranged by senatorial and representative districts.
NO SECTION 175.
SECTION 176. Notwithstanding any general or special law to the contrary, for the period ending June 30, 2003, the secretary of administration and finance shall, with respect to any charges or fees which the secretary was heretofore authorized to establish under the provisions of section 3B of chapter 7 of the General Laws or under the provisions of any other general or special law, and with respect to any service, registration, regulation, license, fee, permit, or other public function which is not provided for in said section 3B of said chapter 7 other than services in hospitals, clinics, or other health facilities and services rendered by a correctional institution for inmates therein: (1) determine the amount to be charged by the commonwealth for each service of any kind performed by any state personnel or agency which is primarily for the benefit of any individual person or corporation; (2) determine the charge to be made by the commonwealth for each use for private purposes or gain of state-owned buildings, houses, facilities, and equipment; (3) determine the charge to be made by the commonwealth for meals served in state institutions or facilities to employees thereof; and (4) determine the amount to be charged for any other services, registration, regulation, license, fee, permit or other public function; provided, however, that said secretary shall not determine the rates of tuition at state colleges, state community colleges, state universities, and the Massachusetts Maritime Academy or any fees or charges relative to the administration and operation of the trial court, appeals court, supreme judicial court and any other department of the judiciary of the commonwealth.
SECTION 177. The operational services division of administration and finance shall, after consultation with the department of education, the Massachusetts association of school superintendents, the Massachusetts administrators for special education, and the Massachusetts association of 766 approved private schools, promulgate regulations regarding prompt notification to purchasers of submission of applications for program changes. Such notification shall include the tuition price the program has requested for each student from the sending district.
The department of education shall review and take action on applications for program changes with due diligence and without undue delay. The department shall give priority first to applications that address health and safety issues, second to applications that address non-compliance with state or federal special education requirements, and third to all other applications. The approved tuition price shall, except if it is required for extraordinary relief, so called, take effect during the next fiscal year following application to the department of education, in accordance with regulations promulgated by the operational services division, provided however, that approved tuition prices for program reconstruction applications submitted during fiscal years 2001 or 2002 and in the final stage of approval by the department of education shall take effect immediately upon pricing by the operational services division. In requests for tuition increases, except for those pursuant to extraordinary relief, the applicant shall notify relevant public schools and other public purchasers of the requested tuition prior to December 1 of the fiscal year in which the application is filed. Programs shall immediately implement any program changes necessary to address health and safety issues and non-compliance with state or federal special education requirements and programs shall be required to implement all students' individual education plans; however no program shall be required to implement any other program changes until the effective date of the tuition increases.
SECTION 178. Pursuant to the provisions of section 119 of this act and notwithstanding any general or special law or regulation to the contrary, the secretary of administration and finance shall establish the following fees for service; provided, however, that said fees for service shall take effect on July 1, 2002.
Secretary of State.
Domestic Corporate Charter Fee $275
Foreign Corporate Charter Fee $400
Domestic and Foreign Charter Annual Reports $125
Securities Filing Fees
Initial $2500
Renewal $1250
Document Copies $.30 per page
Broker Licenses $75 to $450
Appellate Tax Board.
Appeals Entry Fees
$20,000 or less $10
$20,001 to $100,000 $50
$100,001 to $999,999 $100
Informal Procedure Entry Fees $50
Up to $650,000 $100
Registry of Motor Vehicles.
Gift Car Transfer Fee $25
Civil Motor Vehicle Infraction
Late Fine for Speeding or Special Ticket $15
SECTION 179. Notwithstanding section 108L of chapter 41 of the General Laws any city or town which accepts the provisions of section 108L of chapter 41 of the General Laws after July 1, 2002 and provides annual career incentive bonus payments for police officers, shall not be reimbursed by the commonwealth for the commonwealth's share of those payments for either fiscal year 2003 or fiscal year 2004.
SECTION 180. (a) Notwithstanding any general or special law, in fiscal year 2003, monies in the Health Care Quality Improvement Trust Fund, established pursuant to section 2EEE of chapter 29 of the General Laws, shall be expended in the following manner:
(1) $70,000,000 to fund the use of 2000 base year cost information for rate determination purposes, effective July 1, 2002;
(2) an amount that will annualize to no more than $129,100,000 for enhanced payment rates to nursing homes;
(3) an amount that will annualize to no more than $50,000,000 to fund a rate add-on for wages, hours and benefits and related employee costs of direct care staff of nursing homes. As a condition for such rate add-on, the division of health care finance and policy shall require that each nursing home document to said division that such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. The expenditure of these funds shall be subject to audit by said division in consultation with the department of public health and the division of medical assistance. In implementing this section, the division shall consult with the Nursing Home Advisory Council;
(4) an amount that will annualize to no more than $12,000,000 to fund rate adjustments for reasonable capital expenditures by nursing homes, giving priority to nursing homes located or constructed in under-bedded areas as determined by the division of medical assistance, in consultation with the division of health care finance and policy, that meet quality standards established by the division of medical assistance in conjunction with the department of public health and the division of health care finance and policy for the purposes of encouraging the upgrading and maintenance of quality of care in nursing homes, and to fund rate adjustments to eligible nursing homes that meet utilization standards established by the division of medical assistance in consultation with the division of health care finance and policy for the purpose of reducing unnecessary nursing home admissions and facilitating the return of nursing home residents to non-institutional settings;
(5) $300,000 for the purposes of an audit of funds distributed pursuant to clause (3) of this paragraph. The division of health care finance and policy, in consultation with the department of public health and with the assistance of the division of medical assistance, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of clause (c) of section 2EEE of chapter 29 of the General Laws, including, but not limited to, recoupment, assessment of fines or interest. The division shall report to the house and senate committees on ways and means not later than October 1, 2003 a preliminary analysis of funds expended pursuant to said subsection in fiscal year 2003 and a description and timeline for auditing of these funds;
(6) $3,000,000 to fund expenses at the division of health care quality within the department of public health to enforce and improve nursing home quality standards partially funded in item 4510-0710 of section 2; provided that $1,000,000 shall be expended to support boards of registration being transferred to or serving in the department of public health;
(7) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of sections 25 and 26 of chapter 118G of the General Laws;
(8) $4,100,000 for the career ladder grant program in long-term care established pursuant to section 410 of chapter 159 of the acts of 2000; provided that the grants shall be available for certified nurses' aides, home health aides, homemakers and other entry level workers in long term care; provided further, that the length of such grants shall not exceed a period of 3 years; provided further, that the Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee; provided further, that the administrative and program management costs for the implementation of said grant program shall not exceed 4 per cent of the amount appropriated in this item; provided further that each grant may include funding for technical assistance and evaluation;
(9) $6,500,000 for grants to community health centers for one-time grants to be administered on the basis of demonstrated need as a result of changes to section 9A of chapter 118E of the General Laws;
(10) an amount sufficient to implement the provisions of section 622 of chapter 151 of the acts of 1996; and
(11) payment for services provided to MassHealth members by pharmacies participating in MassHealth.
(b) The comptroller shall transfer from the Health Care Security Trust Fund to the Health Care Quality Improvement Trust Fund on the first business day of each quarter, the amount indicated by the divisions of health care finance and policy and medical assistance to provide the appropriate rate increases to nursing homes.
SECTION 181. Notwithstanding any general or special law to the contrary, the balance remaining in the Ratepayer Parity Trust Fund on the effective date of this act shall be transferred by the comptroller to the General Fund.
SECTION 182. Notwithstanding any general or special law to the contrary, the commissioner of revenue may establish a tax amnesty program during which all penalties that could be assessed by the commissioner for the failure of the taxpayer: (i) to timely file any proper return for any tax types and for any tax periods; (ii) to file proper returns which report the full amount of the taxpayer's liability for any tax types and for any tax periods; (iii) to timely pay any tax liability; or (iv) to pay the proper amount of any required estimated payment toward a tax liability shall be waived without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect, if the taxpayer, prior to the expiration of the amnesty period, voluntarily files proper returns for all tax types for all periods for which the taxpayer has or had a filing obligation and pays, or at the commissioner's discretion provides security for, the full amount of tax shown on the taxpayer's returns or upon the commissioner's assessments, together with all interest due thereon. The amnesty program shall be established for a period of 2 consecutive months within fiscal year 2003 to be determined by the commissioner, such period to expire not later than June 30, 2003.
The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who, before the start date of the amnesty program selected by the commissioner, is or has been the subject of a tax related criminal investigation or prosecution. The amnesty program shall not apply to a tax liability of any tax type for a period commencing on or after January 1, 2001 and shall not authorize the waiver of any interest or amount treated as interest. The commissioner may offer amnesty to those taxpayers who have either any unpaid self-assessed liability or who have been assessed a tax liability, whether before or after their filing of a return, which assessed liability remains unpaid.
To the extent that a taxpayer wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under the authority of subsection (e) of section 32 of chapter 62C of the General Laws, the taxpayer shall waive in writing all rights under said subsection (e) to further delay the payment of the tax and interest portions of the assessment. The tax and interest portions of the assessment shall be payable in full from the date of the commissioner's notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. Thereafter, the taxpayer and the commissioner shall proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.
Amnesty shall not apply to those penalties which the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.
SECTION 183. Notwithstanding any general or special law to the contrary, regulations adopted by the commissioner of revenue shall implement and be consistent with the following:
a.) All state personal income tax forms shall contain a check-off box allowing taxpayers to elect, at the option of the taxpayer, the following: "I elect to pay 5.85 percent income tax on Part A taxable income and Part B taxable income.";
b.) All state personal income tax schedules and instructions booklets shall contain a table providing the tax at various incomes calculated at the voluntary rate of tax of 5.85 percent;
c.) The department of revenue shall maintain a record of the number of taxpayers who choose to elect the rate of tax of 5.85 percent; and
d.) The department of revenue shall maintain a record of the amount of revenue collected from taxpayers who have elected to pay the rate of tax of 5.85 percent.
SECTION 184. Notwithstanding any general or special law to the contrary, during fiscal year 2003, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the Tobacco Settlement Fund, established under section 2XX of chapter 29 of the General Laws, an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2003 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Phillip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378 and 50 per cent of the earnings generated in fiscal year 2003 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws.
SECTION 185. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance is hereby authorized to expend from capital authorizations amounts necessary to cover the operational costs of the division for fiscal year 2003. The department shall develop a plan to phase into the budgetary appropriation all personnel costs expended from capital authorizations after June 30, 2001, and that the phase in of these costs shall be complete by June 30, 2005. The division shall file quarterly reports with the house and senate committees on ways and means detailing all amounts expended on bond-funded capital projects under the jurisdiction of the division, and for all administrative and personnel expenses of the division charged to such bonds during fiscal year 2003. All amounts so reported shall be detailed by object code. The division shall file these reports not later than 30 days after the end of each quarter of fiscal year 2003.
SECTION 186. (a) Except as provided in subsection (c), the assessments established by section 25 of chapter 118G shall not be collected and the expenditures required by clauses (1) - (10), inclusive, of paragraph (a) of section 180 shall not be authorized until the division of medical assistance certifies that it has obtained federal approval of any related state plan amendments and of the availability of federal financial participation for MassHealth expenditures funded in part or in whole by revenues collected from said assessments. The rate changes authorized by clauses (2), (3) and (4) of paragraph (a) of section 180 shall be effective as of the date that such rate changes are certified with the secretary of state; provided that the division of health care finance and policy has posted notice of and held a public hearing on such rate changes.
(b) Except as provided in subsection (d), the assessments established by section 26 of chapter 118G shall not be collected and the expenditures required by clause (11) of paragraph (a) of section 180 shall not be authorized until the division of medical assistance certifies that it has obtained federal approval of any related state plan amendments and of the availability of federal financial participation for MassHealth expenditures funded in part or in whole by revenues collected from said assessments.
(c) The division of medical assistance may begin payment from the general fund of the previously scheduled $70,000,000 rate increase to fund the use of 2000 base year cost information for rate determination purposes for nursing home payment rates effective July 1, 2002. After the division certifies federal approval pursuant to subsection (a), any amount expended from the general fund pursuant to this subsection shall be reimbursed from the Health Care Quality Improvement Trust Fund established pursuant to section 2EEE of chapter 29.
(d) The division of medical assistance may begin payment from the general fund of dispensing fees to retail pharmacies effective July 1, 2002. After the division certifies federal approval pursuant to subsection (b), any amount expended from the general fund pursuant to this subsection shall be reimbursed from the Health Care Quality Improvement Trust Fund established pursuant to section 2EEE of chapter 29.
SECTION 187. Notwithstanding of section 25 of chapter 118G of the General Laws, in fiscal year 2003, the amount of the assessment imposed by said section 25 shall be sufficient in the aggregate to fund the expenditures authorized by clauses (1) - (10), inclusive, of paragraph (a) of section 180, taking into account federal financial participation made available by such expenditures.
SECTION 188. Notwithstanding any general or special law to the contrary, except for sections 52 to 55, inclusive, of chapter 7 of the General Laws, the secretary of administration and finance shall, in fiscal year 2003, identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee may enter into contracts with private vendors and enter into interdepartmental service agreements with departments to identify and pursue such projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by the contracts as the minimum to be collected by each project. For the purposes of this section, payments to vendors for services performed shall be known as "vendor participation payments"; amounts allocated from item 1599-0033 of section 2 to participating departments under this section shall be known as "department incentive payments"; and non-tax revenue collected under this section, after deduction of vendor participation payments, department incentive payments, and other charges directed to the Maximization Fund established by section 2R of chapter 29 of the General Laws, shall be known as "net additional revenue". For the purposes of this section, the terms "department" or "participating department" shall mean any department, agency, board, commission, office or institution under the executive control of the governor or other constitutional officer participating in the revenue optimization projects authorized by this section.
A vendor shall be compensated only if: (1) the revenue achieved for each specific revenue source is new revenue, but new revenue shall be defined as revenue in addition to revenue collected during the preceding fiscal year for each revenue source; and (2), in the event of revenue sources which are caseload-driven federal reimbursements, the ratio of that revenue source to the reimbursable expenditure has exceeded the highest such ratio during the preceding fiscal year. The commonwealth shall retain all rights in software programs developed under any contract executed under this section.
A department shall receive department incentive payments under this section and item 1599-0033 of section 2 only if both (1) a fee or any other non-tax revenue collected during fiscal year 2003 is greater than the highest amount of revenue collected from the fee or other non-tax revenue during the preceding fiscal year; and (2) the total revenue collected by such department in fiscal year 2003 is in excess of the amounts projected in section 1B for each department or, alternatively, in excess of the most recent revenue estimate, if there is one, from the fiscal affairs division.
The comptroller shall deposit in the Maximization Fund all revenue under this section and may allocate from the fund without further appropriation, at the direction of the secretary, department incentive awards to participating departments in an amount not to exceed 10 per cent of total net additional revenue. Ninety per cent of the allocations shall be distributed to participating departments in proportion to the revenue collected by each individual department as a percentage of the total revenue collected under this section. The remaining 10 per cent shall be distributed to participating departments at the discretion of the secretary. The comptroller shall transfer to the General Fund at the close of the fiscal year any balance remaining in the Maximization Fund after providing for those allocations to participating departments, vendor participation payments and other charges to the Maximization Fund, but no expenditure shall be made from the Maximization Fund that would cause the fund to be in deficit at the close of the fiscal year.
Departments may expend department incentive payments without further appropriation after obtaining the written approval of the secretary or his designee of a plan detailing proposed expenditures, allocations and reallocations. Approved plans must be filed with the house and senate committees on ways and means not less than 10 days in advance of any such allocation or reallocation. All expenditures made under this section shall be for one-time expenses that shall not recur in the current or a subsequent fiscal year, and shall not be used to supplant purposes authorized in any other item of appropriation in the current or a subsequent fiscal year. Any unexpended balance from the allocations at the end of each fiscal year shall, at the discretion of the secretary or his designee, revert to the General Fund except to the extent that the approved spending plan includes multi-year expenditures. The comptroller shall report, not later than January 31 of each year, to the secretary of administration and finance and the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the 6-month period ending the preceding December 31. Such information shall detail, by each vendor, project and department: the amount of vendor participation payments made to each vendor, the net additional revenue retained by the commonwealth, the amounts allocated or reallocated to each such participating department under item 1599-0033 and this section, and the estimated receipts, payments and allocations for the fiscal year. The comptroller shall report to the secretary of administration and finance and the house and senate committees on ways and means, not later than September 30 of each year, the preceding information for the prior fiscal year, the total of all vendor participation payments made to each vendor, and the net additional revenue collected by each project over the duration of the project. On or before September 30 of each year, the comptroller shall submit to the house and senate committees on ways and means a plan approved by the secretary of administration and finance detailing, by executive office and department, the net additional revenue estimated to be collected under this section in the fiscal year. This section shall remain in effect until July 1, 2004.
SECTION 189.
This item was reduced and language was struck out and
other language was inserted by the acting Governor Notwithstanding
any general or special law to the contrary, not later than 10 days after the
effective date of this act, the comptroller shall transfer an amount up to $790,000,000 $550,000,000 from the Commonwealth Stabilization Fund
to the General Fund for the purposes of funding items authorized in this act.
SECTION 190. (a) Upon the request of the board of selectmen in a town, the city council in a plan E city or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws, in the fiscal year ending June 30, 2003. Based on the criteria in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of education.
(b) A city or town that used qualifying revenue amounts in a fiscal year which shall not be available for use in the next fiscal year or that shall be required to use revenues for extraordinary nonschool-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, 2002 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 raised in the budget for the fiscal year ending on June 30, 2003 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, said department shall recalculate the municipal revenue growth factor and the department of education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.
(e) Upon the request of the board of selectmen in a town, the city council in a plan E city or the mayor in any other city, in a majority of the member municipalities, a regional school district which used qualifying revenue amounts in a fiscal year that shall not be available for use in the next fiscal year shall appeal to the department of revenue not later than October 1, 2002 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) A regional school district which received regional school incentive aid in fiscal year 1995 shall, upon the request of the board of selectmen in a town, the city council in a Plan E city or the mayor in any other city, in a majority of the member municipalities, appeal to the department of education for an adjustment in the minimum required local contribution of its member municipalities. The department of education may reduce the increased assessment of the member municipalities as a result of the reorganization of the regional school district by using a portion of the regional incentive aid to reduce the prior year local contribution.
(g) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of education in accordance with this section.
(h) 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 shall be deemed to be the minimum required local contribution described in chapter 70 of the General Laws. The house and senate committees on ways and means and the joint committee on education, arts and humanities shall be notified by the department of revenue and the department of education of the amount of any reduction in the minimum required local contribution amount.
(i) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized under this section.
(j) The amount of financial assistance due from the commonwealth in fiscal year 2003 under said chapter 70 or any other law shall not be changed on account of any redetermination of the minimum required local contribution under this section.
(k) The department of revenue and the department of education shall issue guidelines for their respective duties under this section.
SECTION 191. Notwithstanding any general or special law to the contrary, on or before August 1, 2002, the comptroller shall transfer $120,000,000 from the Tobacco Settlement Fund, established under section 2XX of chapter 29 of the General Laws, to the Children's and Seniors' Health Care Access Fund, established under section 2FF of chapter 29 of the General Laws.
SECTION 192. Notwithstanding any general or special law to the contrary, on or before September 30, 2002, the comptroller shall transfer $12,000,000 from the Tobacco Settlement Fund, established under section 2XX of chapter 29 of the General Laws, to the Uncompensated Care Trust Fund, established under section 18 of chapter 188G of the General Laws.
SECTION 193. Notwithstanding any general or special law to the contrary, the comptroller shall transfer on or before June 30, 2003, without further appropriation, $30,000,000 from the General Fund to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws, for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2002. Said payments shall be made to hospitals prior to, and in anticipation of, the payment by hospitals of their gross liability to said fund. The comptroller shall transfer from said fund to the General Fund not later than June 30, 2003, the amount of the transfer authorized herein and any allocation thereof as certified by the commissioner of the division of health care finance and policy.
SECTION 194. There is hereby established on the books of the commonwealth a separate fund to be known as the Asbestos Cost Recovery Trust Fund. Notwithstanding any general or special law to the contrary, all sums awarded to or received by the commonwealth, after the payment of fees and expenses, as a result of settlement, trial, or judgment from Suffolk Superior Court No. 90-3791-A, Commonwealth of Massachusetts v. Owens Corning Fiberglass, et al., and other actions brought to recover damages relating to asbestos-containing materials in buildings owned or operated by the commonwealth, or received as dividend payments by the commonwealth on the account of the bankruptcy of any manufacturer, seller, or distributor of asbestos-containing materials in buildings owned or operated by the commonwealth, shall be segregated and held in the fund. The division of capital asset management and maintenance shall develop a plan for the orderly expenditure of such sums that are received by the Asbestos Cost Recovery Trust Fund for the purposes of encapsulation, removal of asbestos, and costs related thereto. The plan shall contain provisions for emergencies, the short-term and long-term control of asbestos in buildings owned or operated by the commonwealth, and the removal and disposition of asbestos-containing materials located in such buildings.
Interest earned on the revenues credited to the trust fund shall remain in the fund and be expended consistent with the provisions of this section. The funds deposited, and the interest earned thereon, may be expended by said division without further appropriation, consistent with the provisions of this section. Any sums remaining in the Asbestos Cost Recovery Fund, established by section 356 of chapter 159 of the acts of 2000, on June 30, 2001, shall be transferred to the Asbestos Cost Recovery Trust Fund. The provisions of this section shall expire on June 30, 2006, or after 5 consecutive fiscal years during which no deposits are made, whichever is later. Any remaining balance in this fund, upon expiration, shall be transferred to the General Fund.
SECTION 195. Notwithstanding any general or special law to the contrary, this section shall define the fiscal year 2003 school aid due to cities, towns, regional school districts and counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools under chapter 70 of the General Laws.
Chapter 70 aid shall be the sum of base aid and foundation aid as defined in this section, plus aid distributed through item 7053-1940 of section 2 of chapter 177 of the acts of 2001.
Base aid for each district shall be all aid allocated to that district through items 7061-0006 and 7061-0008 of section 2 of chapter 177 of the acts of 2001.
Foundation aid, for each district, shall be any positive difference between the foundation budget for that district and the sum of member municipalities' preliminary local contributions, where preliminary local contributions shall be calculated in the same manner as for the governor's budget submission for fiscal year 2003.
SECTION 196. Notwithstanding any general or special law to the contrary, the division of industrial accidents, the department of public health, the group insurance commission, the office of the secretary of state, the division of employment and training, and all state colleges and community colleges receiving funding from the commonwealth shall take all steps necessary to begin participation in the state comptroller's Intercept Program for overdue receivables.
Each agency and college shall designate 1 officer responsible for coordinating the necessary steps with the office of the state comptroller. The responsible officer shall submit timely and sufficient information to the office of the state comptroller so that the comptroller may examine accounts and demands against the commonwealth as provided in section 3 of chapter 7A of the General Laws.
The state comptroller shall, not later than March 15, 2003, report to the house and senate committees on ways and means on the implementation of Intercept Program participation for the agencies and state and community colleges identified in this section. The report shall also include an estimate on the amount of overdue receivables that is expected to be collected on behalf of the specified agencies and state and community colleges as a result of participation in the Intercept Program in fiscal year 2003.
SECTION 197. (a) Notwithstanding the provisions of any general or special law to the contrary, any school committee may vote to authorize the sale of advertising on school buses owned, operated, contracted or controlled by the school district.
(b) The school committee shall establish a governing board that will oversee the sale of advertising on school buses. The governing board shall establish a school bus advertisement fund comprised of revenues from the sale of advertising space on school buses. The monies in a school bus advertisement fund shall be kept separate from the General Fund, not subject to reversion, and may be used by the school committee for any lawful educational purposes.
(c) Advertisements must be age appropriate and not contain promotion of any substance that is illegal for minors such as alcohol, tobacco, drugs and gambling.
(d) Advertising approved by the local school board may appear only, (1) on the sides of the bus, (2) below the seat level rub rail and not above the bottom of the side windows; and (3) at least three inches from any required lettering, lamp, wheel well or reflector behind the service door or stop signal arm.
(e) Advertising approved by the local school board shall not, (1) extend from the body of the bus so as to allow a handhold or present a danger to pedestrians, (2) interfere with the operation of any door or window; or (3) be placed on any emergency doors.
(f) Notwithstanding the provisions of any general or special law to the contrary the Massachusetts Tobacco Control Program, upon approval by the local school committee, may rent advertising space on the sides of publicly owned and operated school buses for the purposes of administrating an anti-smoking campaign within the school districts of the commonwealth.
(g) No more than 25 per cent of the exterior area of said bus shall contain advertising.
SECTION 198. Notwithstanding any general or special law to the contrary, during fiscal year 2003 and including the accounts payable period for that fiscal year, the division of medical assistance may expend from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund an amount not to exceed $425,000,000 for a program of MassHealth supplemental payments to certain publicly operated entities providing Title XIX reimbursable services, directly or through contracts with hospitals under an agreement with the division relating to such payments and transfers as established in accordance with Title XIX of the Social Security Act or federal waivers thereof, federal regulations promulgated thereunder, the terms of the waiver under section 1115 of the Social Security Act, state law, and the Medicaid state plan. The funds may be expended only for payment obligations arising during fiscal year 2003. Such expenditures shall reduce payments from the Uncompensated Care Trust Fund to such entities by an amount comparable to the net revenues received by such entities under this section. The division of medical assistance shall notify the house and senate committees on ways and means if such expenditures are rendered ineligible for federal reimbursement. All expenditures made pursuant to this section shall be reported quarterly to the house and senate committees on ways and means. Amounts so authorized for said expenditure shall be funded in part through intergovernmental transfers to the commonwealth of municipal or other non-federal public funds. The Boston public health commission and the Cambridge public health commission shall transfer to the medical assistance intergovernmental transfer account not less than > of the gross amounts of supplemental payments made by the division of medical assistance under managed care contracts with the commissions.
SECTION 199. Notwithstanding any general or special law to the contrary, the low-level radioactive waste management board established in section 2 of chapter 111H of the General Laws is hereby abolished. Unless a contrary intent clearly appears, all powers and duties exercised by the board immediately before the effective date of this act are hereby transferred to the department of public health. Wherever the name "low-level radioactive waste management board" or the name of any department, agency, office, commission, committee, council, board, division, bureau, institution, other administrative unit or officer within the board, from which powers and duties are transferred by this section, appears in any statute, special act or resolve, order, rule, regulation or other document related to the exercise of such powers or the performance of such duties, that name shall be construed as referring to the department of public health.
SECTION 200. Notwithstanding any special or general law to the contrary, the division of medical assistance may expend, subject to federal approval, from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund up to $125,000,000 for the intergovernmental funds transfer component of Medicaid payments to the University of Massachusetts Memorial Hospital for hospital services provided pursuant to the contract between the division of medical assistance and the hospital. In order to receive payment, the hospital must have executed the division of medical assistance's current Acute Hospital Request for Applications and Contract. The medical assistance intergovernmental transfer account shall be reimbursed by the University of Massachusetts Medical School in an amount specified in the contract, which shall be not less than 50 per cent of the division of medical assistance's expenditure for the purpose of the intergovernmental transfer. Not later than 60 days after such expenditure, the University of Massachusetts Medical School shall submit to the secretary of administration and finance and the house and senate committees on ways and means a report detailing the programs funded from revenue associated with this section.
SECTION 201. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend, subject to federal approval, $32,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for certain acute care hospitals for the intergovernmental funds transfer component of disproportionate share payments and service rate payments, as established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Medicaid state plan and the agreements reached with the division for the transfer payments. No such funds shall be expended unless the acute care hospital has executed the division of medical assistance's current Acute Hospital Request for Applications and Contract, and a public entity is legally obligated to make an intergovernmental funds transfer to the division for deposit into the medical assistance intergovernmental transfer account in an amount specified in an agreement with such entity, which amount shall be not less than 50 per cent of the disproportionate share and service rate payments. All revenues generated under this section shall be credited to the medical assistance intergovernmental transfer account. An accounting of such payments shall be reported quarterly to the house and senate committees on ways and means.
SECTION 202. Notwithstanding any general or special law to the contrary, during fiscal year 2003, the comptroller shall transfer from the General Fund to the Deficiency Escrow Fund, established under chapter 29 of the General Laws, an amount equal to $41,000,000.
SECTION 203. Notwithstanding any general or special law to the contrary, the department of mental health, the department of public health, the division of medical assistance and the division of health care finance and policy shall take appropriate action to obtain the maximum amount of federal financial participation available for amounts paid for low-income care costs at those mental health and public health facilities determined to be disproportionate share hospitals in accordance with the requirements of Title XIX of the Social Security Act. Such appropriate action may include, but shall not be limited to, the establishment of a separate account within the Uncompensated Care Trust Fund, established by section 18 of chapter 118G of the General Laws, for the purpose of making disproportionate share adjustment payments to such qualifying mental health and public health facilities under relevant division of health care finance and policy regulations and the Title XIX state plan on file with the Health Care Financing Administration. The division of medical assistance, the department of public health and the department of mental health may expend amounts transferred to them from such separate account within the Uncompensated Care Trust Fund without further appropriation. Any federal funds obtained as a result of actions taken under this section shall be deposited in the General Fund. The state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures for the proper accounting and expenditure of funds under this section.
SECTION 204. Notwithstanding any general or special law to the contrary, the division of medical assistance and the division of health care finance and policy shall take any appropriate action to obtain the maximum amount of federal financial participation available for amounts paid to hospitals, determined by the division to be disproportionate share hospitals in accordance with Title XIX requirements, for free care costs of such hospitals. The appropriate action may include, but shall not be limited to, the assessment on hospitals for their liability to the uncompensated care pool pursuant to chapter 118G of the General Laws. Such appropriate action shall include the establishment or renewal of an interagency agreement between the division and the division of health care finance and policy which may authorize the division to make deposits into, and draw payments from, an account established for the purposes of this section within the Uncompensated Care Trust Fund, established by section 18 of said chapter 118G, or authorize the division of health care finance and policy to transfer uncompensated care fee revenue collected from hospitals pursuant to said chapter 118G or funds otherwise made available to said trust fund by the general court, to the division for the purposes of making disproportionate share adjustment payments to hospitals qualifying for such payments in accordance with the commonwealth's Title XIX state plan and relevant provisions of Title XIX of the Social Security Act. The division may expend amounts transferred to it from the Uncompensated Care Trust Fund by the division of health care finance and policy under the interagency agreement without further appropriation. In no event shall the amount of money assessed upon each hospital exceed the hospital's gross liability to the uncompensated care trust fund as determined by the division of health care finance and policy pursuant to said section 18 of said chapter 118G. Any federal funds obtained as a result of actions pursuant to this section shall be deposited in the General Fund. The offices of the state treasurer and the comptroller shall establish such procedures as may be necessary to accomplish the purpose of this section, including procedures to facilitate the expeditious assessment, collection and expenditure of funds pursuant to this section.
SECTION 205. (a) Notwithstanding any general or special law to the contrary, state agencies and direct and subcontracted providers of health-related services, including purchase-of-service providers, financed from appropriation items for any state agency shall maximize Title XIX and all other federal, state and private health insurance coverage available to offset costs to the commonwealth. The agencies or providers shall collect information from clients, or from the parent or guardian of a minor receiving services, necessary to determine the extent to which clients may be eligible for medical assistance benefits under chapter 118E of the General Laws or are beneficiaries of any health insurance policy. The agency or provider shall forward client information collected under this section to the division of medical assistance and such data shall only be used to match against available databases for the purpose of identifying all sources of potential payment for health services or health insurance coverage. The division shall return the results of any such data matches to the originating agency, which shall take the appropriate action to ensure that costs to the commonwealth are minimized. Such actions shall include, but not be limited to, the agency or provider billing or re-billing all verified third-party sources.
(b) The executive office of administration and finance may grant an agency or provider an exemption from this section for good cause.
(c) The executive office of health and human services and the operational services division within the executive office of administration and finance shall review regulations, contracting forms, service delivery reports and uniform financial reporting requirements to determine what changes are necessary for the successful implementation of this section.
SECTION 206. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $16,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX payments to certain publicly owned or publicly operated providers. The payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Commonwealth's Title XIX state plan and the terms and conditions of agreements reached with the division for such payments. No funds shall be expended unless a public entity is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than 50 per cent of the Title XIX payment. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws.
NO SECTION 207.
SECTION 208. Notwithstanding the provisions of sections 6 and 11 of chapter 70 of the General Laws or any other general or special law to the contrary, a city or town that has entered into an agreement with the board of education and commissioner of education to avoid appointment of a receiver under section 1K of chapter 69 of the General Laws and, in the judgment of the commissioner of education: (1) does not have adequate school facilities to meet the educational needs of its public school students, and (2) does not have the fiscal capacity to raise the funds needed to finance the municipal share of essential school construction, renovation or repair projects, may establish a school construction reserve account and may, at the close of each fiscal year through the year 2007, transfer into such account all or a portion of any unexpended funds appropriated in any such year to fund school department operating expenses; but (1) the amount transferred to the school construction reserve account in any year shall not exceed 5 per cent of the school department's required net school spending budget for such fiscal year; (2) no such transfer shall be made without the prior written approval of the commissioner of education; (3) funds deposited in such accounts, together with any interest or earnings on such deposits, shall be held in reserve by such city or town for the sole purpose of financing the direct costs of department of education approved school construction, renovation or repair projects; (4) any funds held in a school construction reserve account that shows no activity other than earnings on deposits for a period of 5 years shall, in the following year, be transferred back to the school department as an amount in addition to city or town's required annual net school spending appropriation. Funds transferred back to a school department from an inactive school construction reserve account may be expended by the school committee for any undertaking the committee determines to be in furtherance of efforts to improve the educational programs and services provided to public school students. A city or town that establishes a school construction reserve account in accordance with this section may use funds held in such account to directly finance or to pay debt service on borrowing to finance approved school construction projects. Funds from the reserve fund may be used only when and to the extent that the city or town lacks the fiscal capacity to meet its school construction financing obligations from other revenue sources. No withdrawal shall be made from a school construction reserve account of a city or town without the prior review and approval of the commissioner of revenue, who shall verify that such city or town lacks the capacity to meet its school construction financing obligations from other revenues.
SECTION 209. (a) Notwithstanding any general or special law to the contrary, the department of highways may take by eminent domain on behalf of the commonwealth under chapter 79 of the General Laws land located in the city of Quincy as necessary for the construction, operation and maintenance of retention ponds for the purpose of alleviating and preventing flooding.
(b) Upon completion of construction, the department of highways shall transfer, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws, all property acquired under subsection (a), together with improvements constructed thereon, to the city of Quincy. The transfer shall include appropriate restrictions to ensure that the property shall be used solely for maintenance of the retention ponds and other conservation purposes consistent with this act.
SECTION 210. Notwithstanding any general or special law to the contrary, the University of Massachusetts shall cease the conveyance of the parcel required by section 39 of chapter 55 of the acts of 1999 to be conveyed for use as a permanent transfer station, or for any other purpose. The University in consultation with the Boston Water and Sewer Commission shall determine other forms of compensation for the taking other than the conveyance of any parcels of land on the campus. The University in consultation with the Boston water and sewer commission shall conduct a study of other sites for the permanent transfer station elsewhere in the city of Boston, but this study shall not consider parcels on the campus of the University of Massachusetts at Boston or on any properties adjacent thereto or on the Harbor Point peninsula.
SECTION 211. (a)(1) Not later than October 1, 2002, the Commonwealth Corporation, known in this section as the Corporation, shall develop a self-sufficiency standard for the commonwealth, known in this section as the standard. As used in this section, the standard shall be defined as the amount of income necessary for a household to avoid becoming recipients of public assistance programs while any adults between the ages of 18 through 64 inclusive residing in the household, as defined by the United States Census Bureau, maintain regular employment and said standard may include consideration of said household's ability to provide housing, food, child care, health care, transportation, employment related expenses, and to pay taxes. The Corporation may enter into a contract through the competitive procurement process for the development of such standard.
(2) Such standard shall take into account the family size and age of children and regional variations in the costs of housing and child care. In developing the standard, the Corporation shall rely, to the extent possible, on data reported by the United States Census Bureau, United States Department of Housing and Urban Development and on other data reported to state and federal agencies using standardized methodology and shall consult with state departments or agencies that serve low-income populations. Housing costs will be determined using fair market rents for apartments as reported by the United States Department of Housing and Urban Development. Child care costs will be determined using average costs for licensed child care facilities, including, but not limited to, family day care, as reported to the commonwealth's child care resource and referral agencies for children of different ages in different areas of the state.
(b) The president of the Commonwealth Corporation shall establish an advisory board to advise the Corporation on all matters relating to the development of a self-sufficiency standard and future revisions to it. The advisory board shall be composed of 25 members, each of whom shall serve a term of 2 years. The following shall be members of the board: the secretary of administration and finance or his designee; the director of labor and workforce development or his designee; the secretary of health and human services or his designee; the commissioner of the department of revenue or his designee; the director of housing and community development or her designee; 4 members of the senate, 3 of whom shall be appointed by the president of the senate and 1 by the senate minority leader; 4 members of the house of representatives, 3 of whom shall be appointed by the speaker and 1 by the house minority leader; the chairman of the board of higher education or his designee; 1 faculty member of a Massachusetts university or college with research expertise in the areas of demographics, living costs and labor markets to be selected by the Commonwealth Corporation; and representatives of the following 10 organizations to be nominated by their respective organizations and selected by the Commonwealth Corporation: the Massachusetts Family Economic Self-Sufficiency Project; the Massachusetts AFL-CIO; the Associated Industries of Massachusetts; the Massachusetts Association of Community Colleges; the Massachusetts Taxpayers Foundation; the Massachusetts Workforce Boards Association; the Massachusetts Community Action Program Directors' Association; the Women's Industrial and Educational Union; the Citizens' Housing and Planning Association; and the Massachusetts Association of Day Care Agencies. Members of the advisory board shall serve without compensation.
(c)(1) Not later than March 31, 2003, the Commonwealth Corporation shall report the self-sufficiency standard, including the methodology used to arrive at the standard to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the joint committee on commerce and labor. The Commonwealth Corporation shall also make the report available to each of the state executive offices and agencies, including, but not limited to, the executive office of health and human services, the department of labor and workforce development, the department of transitional assistance, the department of public health, the department of social services, the Massachusetts rehabilitation commission, the department of housing and community development, the department of economic development, the Massachusetts office of business development, the office of child care services, the board of higher education, all workforce investment boards and One Stop Career Centers.
(2) The standard shall be made available to educational institutions, nonprofit organizations, and the general public upon request. The standard shall also be made available on any internet site established and maintained by the Commonwealth Corporation.
(d) The standard shall be updated and issued every other year by the Commonwealth Corporation and shall be reported on March 31 in the second year of each sitting of the general court, with the next update on March 31, 2004.
(e) The standard shall not be used to increase the amount of entitlement benefits provided by the commonwealth, unless enacted by the general court and subject to appropriation, and said standard shall not give rise to enforceable legal rights in any party to services or entitlements or an enforceable entitlement to services or benefits not currently provided.
SECTION 212. Notwithstanding the provisions of any general or special law, or rule or regulation to the contrary, there shall be a surcharge on fees assessed by the division of occupational safety within the department of labor and workforce development for the licensure, registration or certification of certain professionals, and on fees assessed for the renewal or duplication of such licenses, registrations or certifications, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform deleading services; a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform deleading services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement analytical services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement training; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide de-leading training; and a $50 annual surcharge to those persons licensed or registered to operate an employment agency as defined by section 46A of chapter 140 of the General Laws.
Amounts raised by said surcharges shall be deposited into a retained revenue account hereby established by the division of occupational safety for the purpose of conducting of occupational safety and health inspections, assessments and other operations as required by subsections (b), (c), (d) and (f) of section 197B of chapter 111 and sections 6A to 6F of chapter 149 of the General Laws and for conducting employment agency inspections and other operations as required by sections 46A to 46R of chapter 140 of the General Laws. The division shall use amounts in said retained revenue account for the aforesaid purposes and for no other purpose. ?????
SECTION 213. Notwithstanding any general or special law to the contrary, the comptroller shall transfer on or before June 30, 2003, without any further appropriation, $27,714,062 from the general fund to the Children's and Seniors' Health Care Assistance Fund, established by section 2FF of chapter 29 of the General Laws.
SECTION 214. Notwithstanding any general or special law to the contrary, the comptroller shall transfer on or before June 30, 2003, without further appropriation, $30,000,000 from the Tobacco Settlement Fund, established pursuant to section 2XX of chapter 29 of the General Laws, to the Uncompensated Care Trust Fund, established pursuant to section 18 of chapter 118G of the General Laws, for the purpose of making a one-time adjustment to the private sector liability of purchasers and third party payers to the Uncompensated Care Trust Fund.
SECTION 215. Notwithstanding any general or special law to the contrary, the department of public health shall institute a pilot program in the city of Springfield during fiscal year 2003 relative to the siting of methadone clinics, as said term is defined in part by section 52 of chapter 111 of the General Laws, and whether said department should be more directly involved in the process of siting said clinics as a condition of licensing said clinics. Pursuant to said pilot program, the department shall draft and promulgate interim regulations relative to methadone clinics within the city limits of Springfield that shall: (1) prohibit the continued location of any methadone clinic licensed by said department within 1 mile of real property comprising a public or privately accredited pre-school, accredited head start facility, elementary, vocational or secondary school, whether or not in session, or within 1 mile of a public park or playground, a house of worship, public library, day care facility, federally or state funded low or moderate income or elderly housing or a designated heritage river; provided that, the regulations shall provide for a sufficient period of time in which a clinic may relocate within the city; (2) establish a public hearing process relative to the relocation of any methadone clinic so licensed by said department and currently operating in the city of Springfield in order to determine whether the current location of said clinics is detrimental to the institutions, communities or industries within proximity of said clinics and whether relocation of said clinics is detrimental to the delivery of substance abuse treatment services within the city; (3) study the benefits and burdens that may result from the siting requirements set forth in this section including, but not limited to, any impact that said siting requirement may have on the delivery of addiction services at such clinics and the number of individuals seeking said services at said clinics; and (4) determine whether said siting requirements can be reasonably imposed on methadone clinics in other areas of the commonwealth without jeopardizing its core mission of substance abuse treatment. The department shall issue a report setting forth the findings from the pilot program required by this section. Said report shall be submitted to the joint committee on health care and the joint committee on human services and elderly affairs not later than May 1, 2003.
SECTION 216. Notwithstanding any general or special law to the contrary, the division of medical assistance may expend an amount not to exceed $4,000,000 from the medical assistance intergovernmental transfer account within the Uncompensated Care Trust Fund for Title XIX disproportionate share and service rate payments to the city of Haverhill, as successor in-interest to Hale Hospital for this purpose. Payments shall be established in accordance with Title XIX of the federal Social Security Act, or any successor federal statute, any regulations promulgated thereunder, the Massachusetts Title XIX state plan and the terms and conditions of an agreement reached with the division for such payments, however, no funds shall be expended unless the city of Haverhill is legally obligated to make an intergovernmental funds transfer in an amount specified in an agreement with such entity, which amount shall not be less than 50 per cent of such Title XIX payment. Said agreement shall require the city of Haverhill to reimburse the commonwealth for any amount of federal financial participation for said payments that the division determines have been disallowed by the federal government. If the city of Haverhill is unable to reimburse or fails to reimburse the commonwealth such amount, the state comptroller shall intercept cherry sheet payments, so called, due the city of Haverhill from the commonwealth upon certification by the secretary of administration and finance that said city has failed to pay such amount. All revenues generated pursuant to the provisions of this section shall be credited to the medical assistance intergovernmental transfer account and administered in accordance with the provisions of subsection (o) of section 18 of chapter 118G of the General Laws.
SECTION 217. (a) Notwithstanding any special or general law to the contrary, the division of medical assistance shall institute a pilot program within the MassHealth dental program to be known as the Dental Caseload Capacity Pilot Program in Worcester county to operate over a 2 year period. The program shall be designed to increase access to dental services for MassHealth patients and shall be evaluated for its impact on the number of dentists participating and the number and types of MassHealth dental patients served and the amount and types of services provided. The program shall only be implemented after the division has contracted with a third party administrator, if any, for the processing of MassHealth dental services.
(b) There shall be a dental caseload capacity advisory board as a part of the pilot program to assist the division in overseeing the pilot program. The advisory board shall consist of 5 members: a representative from the division, a representative from Health Care For All, a representative from the Massachusetts Dental Society, and the house and senate chairs of the joint committee on health care. The role of the advisory board shall be to review the progress of the program in consultation with the division; to collect data relevant to a sound appraisal of the program, provided that such data constitutes a public record within the meaning of clause 26 of section 7 of chapter 4 of the General Laws; to inform the division of problems encountered by MassHealth patients caused by the program, and to make recommendations to the division for addressing the problems and to otherwise improve the program; and based on the efficacy of the 2 year pilot program in Worcester county, to make a recommendation to the Legislature as to whether, and to what degree, the pilot justifies more general implementation of the pilot model.
(c) The purpose of the pilot program in Worcester county will be to determine if allowing dentists to limit their MassHealth caseload is an effective strategy to significantly increase the number of dentists participating in MassHealth, and thereby, significantly increase the number of MassHealth dental patients treated. The division shall be responsible for implementing the pilot program, including, but not limited to, the following:
(1) provider dentists shall be allowed to initially determine the number of MassHealth patients they will accept into their practice and will be expected to maintain this caseload for at least one year;
(2) provider dentists may increase the initial number of patients they chose to accept at any time during their participation in the pilot program;
(3) the division shall establish the criteria for the manner in which MassHealth patients will be referred to providers;
(4) the division may terminate the pilot program, or establish minimum caseload requirements under the program if, after at least 1 year of operation, the division determines, upon the advice of the dental caseload capacity advisory board, that the program has caused a decrease in the access of MassHealth participants to dental services;
(5) insofar as consistent with federal law, no provider dentist currently participating in MassHealth may terminate the participation of any MassHealth dental patient the provider is currently serving so long as such patient is receiving active treatment, and in no event without ensuring that any such patient shall be admitted to the practice of another MassHealth dentist.
(d) The division shall, to the extent practicable, be responsible for assembling the data produced by the program. The data shall be based on, but not limited to, the following measures:
(1) frequency, distribution of number, and types of dental services provided;
(2) number and percent of MassHealth patients receiving and not receiving dental services, broken down, when made available, by race, ethnicity, gender and language spoken, if other than English;
(3) MassHealth patient spending per year on dental services as compared to the general population;
(4) utilization of hospital emergency rooms for dental treatment;
(5) number of providers including provider type and geographical location; length of time between scheduling and date of appointment with participating dentists, and travel time and distance to appointments;
(6) establishment of baseline data with which to compare the results of the pilot program.
The division shall file a final report on the caseload capacity pilot program with the house and senate clerk and with the joint committee on health care.
(e) The pilot program shall terminate not later than 2 years after the effective date of any contract between the division and a third party administrator referred to in subsection (a).
SECTION 218. (a) There shall be a public health emergency planning council to plan for a public health emergency. The council shall consist of the attorney general or his designee, the director of the Massachusetts emergency management agency or his designee, the secretary of public safety or his designee, the secretary of health and human services or his designee, the director of the Massachusetts office of commonwealth security or his designee, the secretary of the executive office of environmental affairs or his designee and the commissioner of the department of public health or his designee. The commissioner of the department of public health shall chair the council.
(b) The council shall take into account the unique needs of Cape Cod, Martha's Vineyard, and Nantucket, including, but not limited to, their geography and population fluctuations.
(c) The council shall review its plan for responding to a public health emergency every 2 years, beginning in 2004, and shall submit a report to the governor and general court immediately after the review.
SECTION 219. The retirement board of the Massachusetts Port Authority shall establish a retirement benefit fund for retired employees and the eligible surviving spouse or dependents of deceased employees. The funds shall be credited to a special fund to be known as the Retiree Benefit Trust Fund. The funding for such fund shall be initiated by appropriating and transferring all funds presently in the Massachusetts Port Authority Retirement System which exceed 120 per cent of the required funding for that system as established by the annual report of the system. Any interest or other income shall be added to and become part of the fund. Any funds in the Retiree Benefit Fund shall be trust funds within the meaning of section 54 of chapter 44 of the General Laws. The Massachusetts Port Authority employees' retirement board, or their designee, by a majority vote of the board, shall be the custodian of the fund, and may deposit the proceeds in national banks or invest the proceeds by deposit in savings banks, cooperative banks or trust companies organized under the laws of the commonwealth or in federal savings and local associations situated in the commonwealth or invest the same in such securities as are legal for the investment of funds of savings banks under the laws of the commonwealth. The board may employ any qualified bank, trust company, corporation, firm or person to advise them on the investment of the fund and may pay for such advice. Amounts shall be added to the fund upon the publishing of the Retirement system's annual report and the establishment that the Retirement Fund exceeds 20 per cent of the fully required funding. All amounts which exceed 120 per cent shall be transferred to the Retirees' Benefit Fund amounts. The retirement board may expend the funds for the benefit of the retirees following a majority vote of the board. Funds may be utilized for the purposes of this trust fund by appropriation at any meeting of The Massachusetts Port Authority retirement board. Monies which exceed the 120 per cent shall be transferred to the Retirees Benefit Account on an annual basis on the anniversary of the initial transfer of the funds.
SECTION 220. The department of education shall convene and maintain a steering committee to advise the department on ways to implement the McKinney-Vento Homeless Assistance Act, P.L. 100-77 and any amendments thereto, particularly the state plan requirement of the act, 42 U.S.C. section 11432(g), for the purpose of assisting local school districts and early childhood providers in expediting the enrollment of children experiencing homelessness in school and early education programs. The steering committee shall: (a) facilitate coordination among state agencies that provide services to homeless children and youth; (b) identify and recommend revisions to state laws or policies that may act as enrollment barriers for homeless children, such as transportation limitations, regulations regarding student records, restrictions on enrolling unaccompanied youth, guardianship requirements and barriers created by fees or school uniform policies; (c) assist the department in providing school districts and early education providers with guidelines for the implementation of the McKinney Act; (d) recommend procedures to resolve disputes arising under the McKinney Act; and (e) assist the department in informing parents and guardians of their choice of schools and available transportation options and their rights under the McKinney Act in a manner understandable to the parents, guardians or youth, including their native language.
The steering committee shall be composed of the following, to be chosen by the commissioner of education: homeless or formerly homeless adults and teens; representatives of state agencies that serve homeless children and families including, but not limited to, the department of housing and community development, the department of transitional assistance, the office for child care services, the department of public health, the department of mental health and the department of social services; and representatives of advocacy groups or community organizations representing or serving homeless children and families including, but not limited to, the Massachusetts Coalition for the Homeless, the Alliance for Young Families, Head Start, the Horizon Initiative, Jane Doe, Inc., the Massachusetts Association of Day Care Agencies, the New England Network for Child, Youth and Family Services and the Massachusetts Appleseed Center for Law and Justice.
SECTION 221. The commissioner of medical assistance shall, by September 1, 2002, provide a status report on the progress of implementing the MassHealth drug list and any other program to require prior authorization for prescription drugs for MassHealth recipients. The status report shall include a list of the drugs for which prior authorization is required, an explanation of the list, a summary of the operation of the prior authorization process, and an estimate of expected cost savings as a result of the drug list and prior authorization program.
(b) To improve citizen input and promote the efficient implementation of the prior authorization process for prescription drugs, the commissioner shall appoint a citizen advisory group on prior authorization, which shall include a practicing physician with experience treating MassHealth patients, a practicing pediatrician with experience treating MassHealth patients, a practicing pharmacist with experience serving MassHealth patients, a psychiatrist with expertise in psychiatric drugs and experience treating MassHealth patients, a representative of a senior citizens advocacy group, a representative of a disability advocacy group, a representative of a mental health advocacy group, and a representative of a statewide advocacy group representing the interests of MassHealth members. The advisory group shall be assisted by a designee of the commissioner of mental health, a designee of the commissioner of public health, and a designee of the secretary of the executive office of elder affairs. The group shall assist the division's efforts to educate prescribers, pharmacists and MassHealth recipients relative to the requirements of the prior authorization process and shall provide ongoing reports to the commissioner relative to the administrative burdens, if any, placed on prescribers and pharmacists, and undue barriers to access, if any, placed on MassHealth recipients by the process. The division shall provide to the advisory group a report of the impact of the prior authorization program on patient health outcomes by April 1, 2003. The advisory group shall file a report assessing the consequences of the prior authorization program on access to prescription drugs, including any recommendations for legislative action, to the joint committee on health care and to the house and senate committees on ways and means by June 1, 2003.
(c) The commissioner, separately or in concert with the authorized representatives of any health benefit plan, shall negotiate with pharmaceutical companies for the payment to the commissioner of supplemental rebates or price discounts for Medicaid prescription drugs. Such negotiations and any subsequent agreement shall comply with 42 U.S.C. section 1396r-8. If a pharmaceutical company agrees to pay a supplemental rebate or offer a discount percentage for a prescription drug, the drug utilization review board, established by the division pursuant to 42 U.S.C. section 1396r-8, shall consider whether such drug should be subject to prior authorization. Failure to pay a supplemental rebate or offer a discount percentage for a prescription drug shall not preclude such consideration by the drug utilization review board. No prescription drug shall be guaranteed exclusion from any prior authorization requirement. After receiving the recommendations of the board, the commissioner may conduct with pharmaceutical companies such further negotiations, if any, as he deems proper. After such further negotiations, if any, the commissioner shall decide whether to subject a prescription drug to prior authorization based on considerations of clinical efficacy, safety, cost-effectiveness, the recommendations of the board, and the price, taking into consideration federal, state and other rebates, of competing drug products. The commissioner shall provide quarterly reports on the progress of negotiating supplemental rebates pursuant to this subsection to the joint committee on health care and the house and senate committees on ways and means.
SECTION 222. The department of education and the secretary of administration and finance, in consultation with the joint committee on education, arts and humanities, shall study and report on the potential inequities in the distribution of state education aid under chapter 70 of the General Laws. The study shall include, but not be limited to, an examination if communities are below the state's median income or receiving less than 40 per cent of their foundation budget from the commonwealth and potential methodologies for equitably increasing aid to those communities. The special commission shall submit a report with recommendations, including proposed legislation and proposed rules or regulations, to the house and senate committees on education, the governor, and the foundation budget review commission within 6 months of the effective date of this act.
SECTION 223. The division of health care finance and policy, in conjunction with the division of medical assistance, shall conduct 2 studies of the effectiveness and finances of the nursing homes and pharmacy user fee programs including, but not limited to, the effect on the number of recipients of medicaid-funded long-term care, the long-term need for the fee programs, effect of the user fee on nonmedicaid facilities, use of the funds in each program, the additional costs, if any, incurred by the residents of the nursing homes as the result of the fee assessed on nursing homes and the additional costs, if any, incurred by prescription drug consumers as the result of the fee assessed on pharmacies. The division of health care finance and policy shall consult with the nursing home industry on the nursing home fee and shall consult with the pharmacy industry on the pharmacy fee. The findings of the studies shall be filed with the house and senate committees on ways and means and the chairs of the joint committee on health care on or before October 15, 2004.
SECTION 224. The department of revenue, in consultation with the department of public health and the division of health care finance and policy, shall study the feasibility and cost of tax provisions which provide incentives for individuals to provide for their own long term care through savings, through a life-care or continuing care contract with a continuing care retirement community or the purchase of long term care insurance policies. The department shall consider alternatives such as, but not limited to, tax credits for individuals who receive benefits under a long term care policy in the commonwealth or who reside in a continuing care retirement community or a residential care facility, or a rental deduction for the occupancy portion of fees paid to continuing care retirement communities, residential care facilities and nursing facilities. The department shall submit the report of the study to the house and senate committees on ways and means and the joint committee on taxation not later than November 30, 2002.
SECTION 225. The department of education shall develop after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts Association of 766 approved private schools, and parents for residential reform, a model contract which may be used by districts and approved private special education schools.
SECTION 226. The department of education shall publish after consultation with the Massachusetts association of school superintendents, the Massachusetts administrators for special education, the Massachusetts association of 766 approved private schools, and parents for residential reform, guidelines for accepted business practices for use with approved private special education programs. Said guidelines shall include, but not be limited to, student attendance reporting, tuition invoicing and payment and student termination.
SECTION 227. The department of education shall collect data on the number of students whose special education costs meet the criteria of line item 7061-0012, shall analyze the associated fiscal impact for school districts; and shall report its findings, along with any proposed recommendations, to the house and senate committees on ways and means and the joint committee on education, arts and humanities no later than March 1, 2003.
SECTION 228. The state advisory commission for special education is hereby authorized to investigate and study exit measurements for students with disabilities, accommodations for students with disabilities for the MCAS exam, so-called, and the alternate assessment to MCAS for students with disabilities, Chapter 71B private school tuition pricing, and the feasibility of training and partnership grants for disseminating best practices, training staff in use of assistive technology and collaboration on programs and services in the delivery of special education services. For the purposes of this section, the state advisory commission shall consult with the operational services division of administration and finance, the department of education, school superintendents, school committee members, special education administrators, collaborative directors, parents and consumers, and representatives of approved private schools. The state advisory commission for special education shall report to the board of education and to the general court the result of its investigation and study and its recommendations as well as any minority report, by filing the same with the clerk of the house of representatives, and the clerk of the senate, on or before May 1, 2003 but may issue interim reports from time to time.
SECTION 229. For the soldiers' home in Holyoke, the charge for long-term care beds shall be $20. The first $500 of a married veteran's monthly income shall be exempt and spousal income shall not be used in payment of these charges. The first $300 of an unmarried Veteran's monthly income shall be exempt. The veteran shall maintain adequate medical insurance. The soldiers' home may apply for any other income or benefits on behalf of a veteran and shall retain that income as part of the monthly charge.
For the soldiers' home in Holyoke, the charge for domiciliary beds shall be $7.
The first $300 of a veteran's monthly income shall be exempt. The veteran shall maintain adequate medical insurance. The soldiers' home may apply for any other income or benefits on behalf of a veteran and shall retain that income as part of the monthly charge.
The soldiers' home in Holyoke may establish the resident fee schedule for long-term care beds and domiciliary beds and the outpatient fee schedule upon the recommendation of the commandant or the superintendent, approved by the board of trustees.
SECTION 230. The commissioner of public health shall file a report by April 1, 2003 with the joint committee on health care and the house and senate committees on ways and means assessing the medical, administrative, educational and disciplinary outcomes of the transfer of certain boards of registration from the division of professional licensure to the department of public health. The report shall include any recommendations for improving coordination between the department and the boards in order to improve patient care, promote fairness and accuracy in disciplinary actions and ensure better provider education. The report shall also assess the utility and expected cost of transferring other boards of registration in the division of professional licensure that license other health care providers or professionals and evaluate whether the goal of improving patient care is furthered by the transfer of the other boards to the department of public health or by the formation of a separate division of professional licensure of all health boards within the executive office of health and human services. The report shall recommend a plan for implementing the transfer of such other boards consistent with the commissioner's recommendation.
NO SECTION 231.
SECTION 232. There shall be a MassHealth senior care options special commission consisting of representatives from every contracted senior care organization or their designees, the commissioner of medical assistance or his designee, the secretary of health and human services or his designee, the secretary of elder affairs or his designee and 5 representatives from ASAPs appointed by the secretary of elder affairs, a representative of the American Association of Retired Persons, a representative of the Alzheimer's Association, a representative of Massachusetts Home Care Association, a representative of Massachusetts Council on Aging, a representative of the Massachusetts Extended Care Federation, a representative of the Home and Health Care Association and a representative of Massachusetts Aging Services Association. The commission shall review and make recommendations on the MassHealth senior care options demonstration project and shall report to the division of medical assistance, the house and senate committees on ways and means and the joint committee of health care on its initial findings not later than January 1, 2003 and on its final findings not later than 18 months after the SCO implementation. The commission shall also study the following issues: the detailed reasons for disenrollment both from SCOs' and from SCO enrollees' perspectives; the performance of for-profit, as compared to non-profit, SCOs; the definition of complex care needs; the provision of home and community-based services waiver program services and other diversionary services to avoid or delay nursing facility admissions; geographic adjusters to the MassHealth and Medicare rates and their impact on SCO participation; the utility and expected cost of contracting with independent enrollment brokers to educate consumers about SCO enrollment choices; and the need for a minimum medical loss ratio.
SECTION 233. (a) There shall be a Massachusetts public health emergency planning advisory committee. The advisory committee shall, at the request of the chair of the public health emergency planning council, provide such advice and counsel as it deems appropriate including, but not limited to, serving as a resource for studies and projects undertaken or sponsored by the council. The advisory committee may also review and comment on plans proposed by the council pursuant to section 218.
(b) The advisory committee shall consist of the following members: the director of consumer affairs and business regulation or her designee, the commissioner of the department of environmental protection or his designee, the adjutant general or his designee, the commissioner of mental health or his designee, the commissioner of food and agriculture or his designee, the executive director of the Massachusetts biotechnology council or his designee, the executive director of the Massachusetts retail pharmacy association or his designee, a representative of the Massachusetts professional firefighters association, the president of the Massachusetts sheriffs association or his designee, a representative of the Massachusetts call/ volunteer firefighters association, the state fire marshal or his designee, a representative of the Massachusetts chapter of the American Red Cross, a representative of the Massachusetts hospital association, a representative of the Massachusetts League of Community Health Centers, 2 representatives of the Massachusetts Medical Society one of whom shall represent family practitioners, a representative of the Massachusetts Nurses Association, a representative of the Massachusetts Organization of Nurse Executives, a representative of the Massachusetts Public Health Association, a representative of the Massachusetts Association of Physician Assistants, a representative of the Massachusetts Association of Health Boards, a representative of the Massachusetts Health Officers Association, a representative of the center for health professions at Worcester state college, a representative of the Massachusetts Association of Public Health Nurses, a representative of a pediatric specialty hospital, a representative of the Massachusetts chapter of the Academy of Pediatric Physicians, a representative of the Massachusetts Environmental Health Association, a representative of the College of Emergency Physicians, a representative of each of the emergency medical service regions, the chancellor/dean of the University of Massachusetts Medical School or his designee, the dean of a school of public health located within the commonwealth, the dean of a school of veterinarian medicine located within the commonwealth, the executive director of the Massachusetts Pharmacists Association or his designee, a representative of the Massachusetts Association of Health Plans, a representative of the Home Health Care Association of Massachusetts, Inc., and such other officers of the commonwealth as the governor may designate. The council shall elect the chair of the advisory committee by a majority vote.
(c) The council shall, within 18 months of its appointment, assess the statewide preparedness of the agencies of the commonwealth, its political subdivisions, emergency responders, law enforcement personnel and the health care providers licensed by the commonwealth to prevent or respond to a public health emergency to assure the coordination of their activities with one another and with appropriate federal agencies. The council shall deliver to the governor and the general court, not later than 9 months thereafter, a plan for responding to a public health emergency and a list of legislative actions, if any, needed to support the plan. To the extent possible, the public health emergency plan will take into account and coordinate with planning functions already authorized under state and federal law. The plan shall, at a minimum:
(1) identify a means of notifying and communicating with the population during a state of public health emergency; assess the readiness and adequacy of communications networks, especially Emergency-911, for receiving and broadcasting health alerts; evaluate the potential for developing a "hotline" that citizens who may have been exposed to diseases or health conditions that are or may reasonably be the cause of a public health emergency can call for information and referral; explore the potential for developing a web site for communicating the latest and most accurate information; evaluate the readiness and adequacy of information and data systems for managing the health system's response to a public health emergency; and evaluate and recommend expansion of the hospital volume surveillance system to include additional indicators such as bed availability;
(2) identify lines of authority for a communications network used to report a public health emergency;
(3) identify a coordinated communications network, possibly including regular public briefings by state and local health officials, to meet the public information needs, manage the "epidemic" of fear and minimize panic arising from awareness of a public health emergency or the threat of such an emergency;
(4) describe a plan for central coordination of resources, manpower, and services, including coordination of responses by state, local, and federal agencies;
(5) describe a plan for the location, procurement, storage, transportation, maintenance, and distribution of essential materials, including medical supplies, drugs, vaccines, food, shelter and beds;
(6) describe a plan for evacuating, housing and feeding populations;
(7) identify methods for training health care providers to diagnose and treat persons with infectious and contagious diseases;
(8) recommend laws or regulations necessary to permit the movement, assignment or transfer of any licensed physicians, nurses or other health care personnel, including the credentialing of health care professionals at institutions other than their own; and propose training and certification programs that would allow inactive or retired health care personnel to be re-activated for work in health care facilities during a public health emergency;
(9) identify methods for the treatment and vaccination of persons who have been or may be exposed to, or who are infected with, diseases or health conditions that are or may reasonably be the cause of a public health emergency;
(10) identify methods for the safe disposal of infectious wastes and human remains;
(11) describe a methodology for tracking the source and outcomes of infected persons;
(12) describe a method to handle so-called "surge capacity" problems in the event of a disaster which requires the use of all available hospital beds, including the potential to use closed or abandoned health care facilities in the event of a severe health emergency and to develop hospital rooms designed to serve patients whose condition requires isolation; and ensure that each city and county within the commonwealth identifies the following:
i. sites where persons can be isolated or quarantined, with such sites providing the least restrictive means for isolation and quarantine, and meeting the requirements for the safety, health and maintenance of personal dignity of those isolated or quarantined;
ii. sites where medical supplies, food, and other essentials can be distributed to the population;
iii. sites where emergency workers can be housed and fed; and
iv. routes and means of transportation of people and materials;
(13) propose a plan to promote the use of school nurses, public health nurses and other appropriate licensed health care professionals for monitoring, detection, vaccination and immunization;
(14) make recommendations for facilitating coordination with other states and the federal government;
(15) investigate the feasibility of implementing a state-based biological agent registry;
(16) take into account cultural norms, values, and traditions that may be relevant;
(17) assess the crisis counseling capacity for emergency response personnel, health care providers, law enforcement personnel and the general public;
(18) identify a state official to serve as liaison to the Office of Homeland Security and work with that office on an ongoing basis;
(19) evaluate and consider concerns with regard to civil liberties protections in preparation for a public health emergency and during a public health emergency.
(20) study the feasibility of implementing a statewide and local public health and safety disaster informational and referral computer system including, but not limited to, the participation of local boards of health, municipal health departments and the Massachusetts emergency management agency.
(21) study the capacity of laboratories across the commonwealth to respond to a public health emergency and improve the laboratory surveillance infrastructure and the epidemiological infrastructure of the state;
(22) identify public health surveillance activities and data collection and analysis in responding to a public health emergency;
(23) propose a plan for receiving, storing, distributing and administering items from the National Pharmaceutical Stockpile and the development and management of any state pharmaceutical stockpile for antibiotics, antitoxins, antidotes, ventilators, respirators and other medical/surgical supplies and equipment needed to treat patients in a mass casualty event; develop a system for tracking the available blood supply, and coordinating and distributing blood donations;
(24) propose reporting requirements of rare, unusual or unexplained illnesses that could be related to a public health emergency; develop an analysis of the threat of biological and chemical attacks in the commonwealth; describe the procedures for holding practice biological or chemical attack drills and simulations;
(25) propose a plan for the distribution of this plan and guidelines to those who will be responsible for implementing the plan; and
(26) propose a plan for the distribution of a list and description of funding needs to implement recommendations made by the council as a result of the planning efforts and studies undertaken pursuant to this section to the senate and house committees on ways and means.
(27) take into consideration any reports and recommendations issued by the Bioterrorism Coordinating Council.
(28) review existing laws and make recommendations concerning the acts, laws or parts thereof, if any, that should be repealed or amended as well as any new laws that should be enacted to effectuate the purposes of the plan; furthermore, the plan should also include recommendations with regard to civil immunity and out-of-state licensing for paramedics, advanced emergency medical technicians and emergency health care personnel when they are acting in response to a terrorist attack that has been declared a public health emergency.
SECTION 234. There shall be a special commission to conduct an investigation and study of the vitality of the dairy farming industry of the commonwealth. The commission shall consist of 3 members of the senate, 1 of whom shall be appointed by the senate minority leader; 3 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; the commissioner of the department of food and agriculture, or his designee; a representative of the department of economic development to be appointed by the director; a representative of the Massachusetts office of business development to be appointed by the director; a representative of the executive office of environmental affairs to be appointed by the secretary; and 5 persons to be appointed by the governor, 1 of whom shall be from an organization which represents farmers of the commonwealth, 1 of whom shall be experienced in operating a large dairy farm, 1 of whom shall be experienced in operating a small dairy farm, 1 of whom shall be from an organization which has as one of its purposes land conservation, and 1 of whom shall represent an established statewide consumer group. The commission's duties shall include, but not be limited to: (1) an examination of the long and short-term financial vitality of the dairy farming industry; (2) a study of establishing a long-range support system for Massachusetts dairy farmers, including such factors as marketplace conditions, federal order system, current economic forces, trends in production and consumption, overall financial conditions of dairy farmers, and the effect of consolidation of the milk processing industry on such matters; (3) a study of the effects of the neglect of the federal government to reauthorize the northeast interstate dairy compact; and (4) an examination of the disparity of financial stability between large, corporate farms, and small, family-owned and operated farms. The commission shall make recommendations to maintain or increase the vitality of the dairy farming industry in the commonwealth based on testimony of experts, review of studies and other literature on pertinent subjects on the technical and professional expertise of its members. The commission shall report to the general court the results of its investigation and study the commission's recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and house of representatives and the house and senate chairpersons of the joint committee on natural resources on or before June 30, 2003.
SECTION 235. (a) There shall be a special commission on behavioral health care to review the administration and management of behavioral health services paid for by the commonwealth. The study commission shall consist of 1 representative of each of the following agencies or organizations: the division of medical assistance, the Massachusetts behavioral health partnership, the department of public health, the department of mental health, the national alliance for the mentally ill of Massachusetts, the mental health legal advisors committee, the parent/professional advocacy league, the Massachusetts Hospital Association, the Massachusetts Association of Behavioral Health Systems, the Massachusetts People/Patients Organized for Wellness, Empowerment and Rights, the Massachusetts Association of Behavioral Health Systems, and the Massachusetts chapter of the national association of social workers.
(b) The division of medical assistance and any entity that manages or subcontracts for the management of behavioral health care for the division shall provide, to the extent permitted by law, the following information to assist the study commission:
(1) monthly expenditure and claims data, including, but not limited to, expenditures per enrollee, services used, and approved and denied claims, separated by individual services;
(2) monthly discharge data, including the number and percentage of enrollees discharged from inpatient settings to outpatient settings, the number and percentage of enrollees receiving outpatient care within 7 days, and within 30 days, of discharge from an inpatient setting, and the number and percentage of enrollees receiving outpatient care by outpatient setting; and
(3) any additional information requested by the study commission to monitor the quality of the behavioral health services paid for by the commonwealth.
(c) This information shall be provided at least quarterly in a format approved by the study commission, beginning no later than 30 days after the formation of the study commission. Based on this information and the expertise of its members, the study commission shall assess appropriate methods, whether or not currently utilized, to encourage or strengthen discharge and aftercare planning. The methods assessed shall include existing or other appropriate financial incentives to encourage or require discharge and aftercare planning, existing or other appropriate regulatory mechanisms to encourage or require such planning, and appropriate mechanisms for inter-agency cooperation to improve outcomes for behavioral health care clients and generate cost savings to the commonwealth.
(d) The study commission shall report its conclusions and any preliminary recommendations by January 1, 2003 and any final recommendations by July 1, 2003 to the joint committee on health care, the joint committee on human services, and the house and senate committees on ways and means.
SECTION 236. (a) There shall be a special commission to study and make recommendations about financing the obligations of the Massachusetts Turnpike Authority, the Metropolitan Highway System, the Massachusetts Port Authority, and the Central Artery Project. The commission shall consist of 6 persons to be appointed by the governor, 4 persons appointed by the president of the senate, at least 1 of whom shall be a member of the minority party, 4 persons appointed by the speaker of the house of representatives, at least 1 of whom shall be a member of the minority party, and 1 person appointed by the chief executive officer of the Massachusetts Turnpike Authority.
(b) The commission shall examine the equity of the present funding structure with regard to financing the obligations of the Massachusetts Turnpike Authority, the Metropolitan Highway System, the Massachusetts Port Authority and the Central Artery Project and shall include, among other things, an examination of the following: (1) the fairness of the proposed toll structure for private passenger vehicles using interstate highway route 90 relative to private passenger vehicles using the other highways of the commonwealth and to benefit from the intended use of the Central Artery Project; (2) the effect and practicality of instituting tolls on the commonwealth's border with neighboring states, including on the commonwealth's border with the state of New Hampshire on interstate highway routes 93 and 95 and state highway route 3; (3) the effect of providing for a more uniform and consistent toll structure on highways throughout the commonwealth, including the effect of instituting tolls on that portion of the Metropolitan Highway System, as defined in Chapter 81A of the General Laws, presently consisting of interstate highway route 93; (4) the effect of re-instituting tolls on the Boston Extension at the interchange of interstate highway route 90 and state highway route 16 and on the Turnpike from exit 1 at the commonwealth's border with the state of New York to and excluding exit 6 at the interchange of interstate highway route 90 and interstate highway route 291; (5) the effect of modifying toll discounts or free travel on the Turnpike or the Metropolitan Highway System, including consideration of frequent user and commuter discounts; (6) the effect of limiting or eliminating contributions by the Massachusetts Turnpike Authority to the Surface Artery; (7) the effect of excluding from the Metropolitan Highway System that portion constituting a section of interstate highway route 93; (8) the effect of transferring to the highway department such portion of the Turnpike extending from the commonwealth's border with the state of New York to but excluding exit 6, so-called, at the interchange of interstate highway route 90 and interstate highway route 291; (9) the effect of redefining the Metropolitan Highway System to include the portion of the Turnpike extending from the interchange of interstate highway route 90 to and excluding the interchange of interstate highway route 90 and interstate highway route 495; (10) funding sources for the highway department to meet the expenses of operating such portion of interstate highway route 93 and other highway transferred to the highway department from the Massachusetts Turnpike Authority; (11) the effect of providing a tax credit to Massachusetts residents purchasing transponders for use on the Turnpike or the Metropolitan Highway System; (12) the effect of permitting Turnpike revenues in excess of those needed to pay operating expenses and debt service on bonds supported by Turnpike revenues available to be pledged and pay debt service on bonds issued for the Metropolitan Highway System; (13) the elimination of the Local Tourism Grant Program of the Massachusetts Turnpike Authority; (14) the effect of limiting certain liabilities of the Massachusetts Turnpike Authority, including the extent to which the provisions of chapter 258 of the General Laws should also be applicable to the Massachusetts Turnpike Authority; (15) the effect and practicality of dedicating all or a portion of all taxes collected on fuel sold on property owned or leased by the Massachusetts Turnpike Authority to offset proposed or actual toll increases on interstate highway route 90; and (16) further cost savings that might be realized by the Massachusetts Turnpike Authority.
(c) No member of the commission shall receive any compensation for his services, nor shall any member of the commission be reimbursed for any travel expenses or actual expenses incurred in carrying out his duties as a member of the commission.
(d) The commission shall report to the joint committee on transportation of the general court the results of its study, together with its recommendations and drafts of any legislation necessary to carry the recommendations into effect, not later than March 31, 2003.
SECTION 237. There shall be a special commission to investigate, study and report on the cause and effect on the commonwealth of the abuse of alcoholic beverages and its consequences and impact in relation to, but not limited to, the following topics: health policy and costs including access to treatment services and loss of productivity in employment; risks to the public safety of the residents of the commonwealth and the resultant costs, including traffic fatalities and injuries; law enforcement policy and costs, as based upon judicial and department of correction statistics; and the incidence and impact of underage alcohol consumption and binge consumption by middle school, high school age persons and by students at college campuses. The commission shall consist of the secretary of health and human services, or his designee, who shall serve as chairman, the secretary of the executive office of public safety or his designee, the chairman of the board of higher education or his designee, a trial court justice to be appointed by the chief justice of the trial court, 2 members of the house of representatives, 1 of whom shall be appointed by the speaker and 1 by the house minority leader; and 2 members of the senate, 1 of whom shall be appointed by the president of the senate and 1 by the senate minority leader, and 13 members to be appointed by the governor, 1 representing each of the following groups: Associated Industries of Massachusetts, Auto Insurers Bureau of Massachusetts, Massachusetts Association of Health Plans, the Massachusetts Distillers Association, the Massachusetts District Attorneys' Association, the Massachusetts Medical Society, Massachusetts Package Stores Association, the Beer Distributors of Massachusetts, Inc., Massachusetts College of Emergency Physicians, the Massachusetts Organization of Americans for Recovery, the Massachusetts Bar Association, the Massachusetts Chapter of the American Academy of Pediatricians and Mothers Against Drunk Driving. The appointments shall be made not later than September 1, 2002. The members of the commission shall serve without compensation. The commission shall not hire or employ any personnel or consultants. The commission shall report the results of its investigation and study, together with a list of its findings and a list of prioritized legislative and regulatory recommendations, if any, by filing the same with the house and senate committees on ways and means, the joint committee on health care, the joint committee on public safety, the clerk of the house of representatives and the clerk of the senate, on or before December 31, 2003.
SECTION 238. There shall be a special commission to conduct an investigation and study relative to the adequacy and effectiveness of existing licensing and regulation of cable television operations by municipalities and the commonwealth in meeting the needs of consumers across the commonwealth. The commission shall consist of 3 members of the senate appointed by the senate president, 3 members of the house of representatives appointed by the speaker of the house, the Attorney General or his appointed designee, the commissioner of the department of telecommunications and energy or his designee, and 6 members to be appointed by the governor, including 1 representative of the cable industry, and 1 representing each of the following groups: the Massachusetts Municipal Association, the Massachusetts Technology Collaborative, and 3 members of municipal cable boards of whom 1 shall be from an urban community, 1 from a rural community, and 1 from a suburban community. The committee shall report findings, along with any recommendations for legislation to the joint committee of government regulations of the general court, by no later than December 30, 2002.
SECTION 239. There is hereby established a special commission to report on alternatives to using the property tax to fund public education. Said commission shall consist of the speaker of the house of representatives or his designee, the president of the senate or his designee, the chairman of the house committee on ways and means or a designee, the chairman of the senate committee on ways and means or his designee, the house and senate chairs of the joint committee on education, arts and humanities, the house and senate chairs of the joint committee on taxation, the minority leader of the house of representatives or his designee, the minority leader of the senate or his designee, the secretary of administration and finance, and 1 member appointed by the following organizations; the department of revenue, the Suburban Coalition, the Massachusetts Taxpayer's Foundation, Associated Industries of Massachusetts, and the Taxpayer's Equity Alliance of Massachusetts. Said commission shall be chaired by the house and senate chairs of the joint committee on taxation. The scope of the commission's inquiry shall include, but not be limited to: reviewing the current practice of using the property tax to fund education and seeking alternative sources of funding to provide a dedicated stream of revenue. The commission shall submit its report to the house and senate committee on ways and means, the joint committee on education, arts and humanities, and the joint committee on taxation not later than December 31, 2002 along with drafts of any legislation.
SECTION 240. There is hereby established a special committee to coordinate the transfer of certain boards of registration from the division of professional licensure to the department of public health. The committee shall consist of: the secretary of the executive office of health and human services or his designee; the director of the office of consumer affairs and business regulation or his designee; the commissioner of the department of public health or his designee; the executive director of the board of registration in medicine or his designee; the executive director of the board of registration in nursing or his designee; the executive director of the board of registration in pharmacy or his designee and the director of the division of professional licensure or his designee. The committee shall, in consultation with such individuals and organizations as it deems necessary: recommend methods for boards of registration to notify and educate licensees about the transfer; identify potential regulatory conflicts or other obstacles to the efficient operation of such boards of registration or to the protection of health care consumers in the commonwealth; and assess opportunities for coordination between boards of registration and with the Betsey Lehman center for patient safety and medical error reduction. The committee shall report its findings, and any recommendations to assure the efficient transfer of such boards of registration, to the governor, the clerks of the house of representatives and the senate, the joint committee on health care, and the house and senate committees on ways and means by December 1, 2002.
SECTION 241. The commissioner of revenue shall promulgate such rules and regulations as necessary to implement the provisions of sections 59, 60 and 65, inclusive.
SECTION 241A. (A) Notwithstanding chapter 339 of the acts of 1925, the South Essex Sewerage District may enter into a contract with Health and Education Services, Inc., a Massachusetts nonprofit corporation, for the disposal, through connection to the system of sewer mains belonging to the town of Danvers, of sewage emanating from a parcel land located off Newburyport turnpike in the town of Topsfield consisting of an area of 8.87 acres, more or less, and shown as Parcel 7 on Land Court Plan No. 24573-D, filed with Certificate No. 26084 in the Land Registration Office of the Essex South District Registry of Deeds ("Parcel 7"), and presently owned by Health and Education Services, Inc., such contract to be subject to the approval of the board of the South Essex Sewerage District, the Salem and Beverly Water Supply Board and the town of Danvers. The authorization and contract shall be limited to the sewage generated by parcel 7 provided that: (i) Parcel 7 is used by Health and Education Services, Inc. or its successors; (ii) Parcel 7 is used for behavioral health services; (iii) the authorization is limited to discharge from Parcel 7 of no more than an average of 3,500 gallons per day; and (iv) no other connections or discharges to the town of Danvers sewer system or to any sewer line connecting Parcel 7 to the town of Danvers sewer system are authorized by this section.
The contract may allow for the use of the system of sewer mains, or any portion thereof, belonging to the town of Danvers and the contract may be entered into at any time. The agreement with Health and Education Services, Inc. shall be subject to the approval of the board of the South Essex Sewerage District and the Salem and Beverly Water Supply Board and the board of selectmen of the town of Danvers who may enter into, extend, renew, amend or alter the contract or any part thereof.
The Health and Education Services, Inc. shall pay all costs, charges and fees arising from, or incidental to, its utilizing the mains, pumping stations and related facilities owned by or available to said town of Danvers, including, but not limited to:
(a) engineering, planning and drawing fees for the design or redesign of any mains or systems necessary to carry the flow from Parcel 7 on land shown on the Easement Plan described in subsection (B);
(b) obtaining, utilizing and protecting easements or other rights necessary for laying mains to transport sewage from Parcel 7 to the mains of said town of Danvers;
(c) the laying, maintaining and servicing of the mains laid from Parcel 7, as shown on the Easement Plan to the mains of said town of Danvers;
(d) all legal, engineering or other costs and fees connected with, or incidental to the preparation for, connection with, or operation of the connection of mains, conveyance systems or infrastructure belonging to said Health and Education Services, Inc., to the mains of said town of Danvers;
(e) the periodic and proportionate cost of operation, as determined by said town of Danvers;
(f) a proportional contribution toward bonded indebtedness as determined by said town of Danvers; and
(g) such other expenses related to the connection to its system as determined by said town of Danvers.
(B) The Salem and Beverly Water Supply Board and the cities of Salem and Beverly pursuant to chapter 700 of the acts of 1913 may convey a permanent easement and temporary construction easements, as hereinafter described, in the land in the towns of Topsfield and Danvers, and shown on the plan entitled: Plan of Easements in Topsfield and Danvers, drawn by LeBlanc Survey Associates, Inc. and dated February 23, 2002 (the "Easement Plan") to HES, Inc., and its successors for the purpose of installing, operating and maintaining a sewer line from Parcel 7 to the point of connection to the town of Danvers sewer system as described in subsection (A). The authorization for these easement and their use shall be subject to the limitations described in the second sentence of the first paragraph of said subsection (A). The land was acquired by the board on behalf of said cities of Salem and Beverly for water supply purposes.
The permanent easement and temporary construction easements authorized hereby are more particularly bounded and described as follows:
Beginning at a point in said Topsfield at the northwesterly corner of said parcel, thence;
S55-10-13E, a distance of forty and sixty-five hundredths (40.65') feet to a point; thence
S83-20-56E, a distance of fifty and thirty-one hundredths (50.31')feet to a point; thence
S73-42-14E, a distance of one hundred fifty-seven and sixty-one hundredths (157.61') feet to a point; thence
S62-48-42E, a distance of fifty-seven and seventy-nine hundredths (57.79') feet to a point; thence
S81-41-45E, a distance of seventy-three and fifty-eight hundredths (73.58') feet to a point; thence
S72-08-55E, a distance of ninety-six and four hundredths (96.04') feet to a point; thence
S69-09-23E, a distance of one hundred eleven and sixty-six hundredths (111.66') feet to a point; thence
S77-14-59E, a distance of one hundred thirty-five and thirty-four hundredths (135.34') feet to a point; thence
N57-46-09E, a distance of fifty-eight and sixty-seven hundredths (58.67') feet to a point; thence
N69-36-42E, a distance of one hundred ninety-two and thirty-four hundredths (192.34') feet to a point; thence
N89-05-29E, a distance of twenty-four and nine hundredths (24.09') feet to a point; thence
N54-54-56E, a distance of thirty-one and eighty-four hundredths (31.84') feet to a point; thence
N30-39-37E, a distance of two hundred three and fifty-four hundredths (203.54') feet to a point; thence
N39-47-28E, a distance of sixty-eight and thirty-two hundredths (68.32') feet to a point; thence
N55-29-12E, a distance of fifty and thirty-four hundredths (50.34') feet to a point; thence
S80-41-10E, a distance to five hundred forty-eight and ninety-six hundredths (548.96') feet on a line beginning in Topsfield and crossing into Danvers to a point; thence
N27-28-49E, a distance of ninety-two and sixty-four hundredths (92.64') feet to a point; thence
N57-56-09E, a distance of one hundred one and twenty-two hundredths (101.22') feet to a point; thence
S08-17-04W, a distance of thirty-nine and thirty-six hundredths (39.36') feet to a point; thence
S57-56-09W, a distance of sixty-seven and fifty-six hundredths (67.56') feet to a point; thence
S27-28-49W, a distance of one hundred six and twenty hundredths (106.20') feet to a point; thence
N80-41-10W, a distance of five hundred fifty-eight and sixty-two hundredths (558.62') feet on a line beginning in Danvers and crossing into Topsfield to a point; thence
S55-29-12W, a distance of thirty-four and fourteen hundredths (34.14') feet to a point; thence
S39-47-28W, a distance of sixty-one and seventy-eight hundredths (61.78') feet to a point; thence
S30-39-37W, a distance of two hundred seven and fifty-nine hundredths (207.59') feet to a point; thence
S54-54-56W, a distance of forty-seven and fifty-one hundredths (47.51') feet to a point; thence
S89-05-29W, a distance of twenty-eight and sixteen hundredths (28.16') feet to a point; thence
S69-36-42W, a distance of one hundred eighty-four and eight hundredths (184.08') feet to a point; thence
S57-46-09W, a distance of sixty-seven and ninety-eight hundredths (67.98') feet to a point; thence
N77-14-59W, a distance of one hundred forty-nine and eighty-eight hundredths (149.88') feet to a point; thence
N69-09-23W, a distance of one hundred thirteen (113.00') feet to a point; thence
N72-08-55W, a distance of ninety-two and seventy-five hundredths (92.75') feet to a point; thence
N81-41-45W, distance of seventy-six and six hundredths (76.06') feet to a point; thence
N62-48-42W, a distance of fifty-nine and ninety-two hundredths (59.92') feet to a point; thence
N73-42-14W, a distance of one hundred fifty-two and twenty-two hundredths (152.22') feet to a point; thence
N83-20-56W, a distance of fifty-five and thirty-one hundredths (55.31') feet to a point; thence
N55-10-13W, a distance of forty-eight and ninety-seven hundredths (48.97') feet to a point; thence
N36-20-00E, a distance of thirty and one hundredths (30.01') feet to the point of beginning.
Said parcel contains 1.45 acres, more or less, as shown on the Easement Plan.
SECTION 242. The provisions of subparagraph (L) of paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws as set forth in section 59 of this act shall apply to taxable years ending before, on, or after September 11, 2002. The provisions of subparagraph (M) of section 59 shall apply to discharges made on or after September 11, 2001, and before January 1, 2002. The provisions of subparagraphs (N), (O) and (P) of section 59 shall apply to taxable years ending on or after September 11, 2001. The provisions of section 65 shall apply to disasters and terroristic or military actions occurring on or after September 11, 2001.
SECTION 243. Sections 10, 13, 15, 16, 18, 32, 90, 93, and 94 shall be effective on January 1, 2003.
SECTION 244. Section 95 shall take effect on April 1, 2003; provided that the secretary of the United States Department of Health and Human Services has approved an amendment to the demonstration waiver, as approved under section 1115(a) of the Social Security Act and authorized by chapter 203 of the acts of 1996, incorporating the provision of clause(g) of subsection (2) of section 9A of chapter 118E of the General Laws, as amended by section 95.
SECTION 245. The provisions of sections 69, 70, 71 and 107 shall take effect on July 1, 2003.
SECTION 246. Sections 33, 38 and 43 shall take effect on July 1, 2004.
SECTION 247. Except as otherwise provided, the provisions of this act shall take effect July 1, 2002.